Albea

Time is of the essence and all dates referred to in the Order shall be firm. In the event that Supplier anticipates any difficulty in complying with any delivery date or any of its other obligations under the order, Supplier shall promptly notify Albéa in writing. The Supplier’s commitment to delivery deadlines are a material factor in inducing Albéa to place the Order with Supplier. The “Delivery Date” means the date Supplies are delivered at the place of delivery stated by Albéa in the corresponding Order. If delivery of the Supplies on the applicable Delivery Date is not made the penalties described in this Article 5 shall become due and continue until delivery without further notice or demand. For any delivery performed prior to the Delivery Date, unless expressly requested in writing by Albéa, Albéa reserves the right to return the Supplies to the Supplier at the Supplier’s own risk and expense. In case of late delivery Albea may recover all damages suffered and expenses incurred as a result Supplier’s late delivery and payment of such damages shall not relieve Supplier from its obligations to deliver the Supplies and shall be in addition to and not in lieu of all other rights and remedies available to Albéa. The Supplier shall be liable to Albéa for any direct and indirect costs, expenses and damages arising out of or relating to its failure to comply with a Delivery Date. Albéa shall furthermore have the option of terminating the Order in accordance with Article 15.2 hereunder. Any additional costs generated by an order of Supplies from another alternative supplier shall be borne by the Supplier.