O-I Glass

Time is of the essence in the performance of this Order. Goods shall be delivered as specified on the face of this Order. Delivery of goods shall be made pursuant to the schedule, via the carrier and to the place specified on the face of the applicable purchase order. If dates are not specified on this Order, Seller shall procure materials, fabricate,assemble and ship goods or provide services only as authorized by shipment releases Buyer issues to Seller. If no method of shipment is specified in the Order, Seller shall use the least expensive carrier. Shipments must equal the exact amounts identified in the Order and no partial shipments, changes or substitutions in specifications may be made without Buyer’s prior written consent. In the event Seller fails to deliver the goods within the time specified, Buyer may, at its option, decline to accept the goods and terminate the Agreement or may demand its allocable fair share of Seller’s available goods and terminate the balance of the Order. Buyer’s acceptance of late shipments or partial shipments shall not constitute a waiver of any of Buyer’s rights to collect damages for goods not delivered or for late delivery. Seller shall report to Buyer any delays in a schedule immediately as they become known to Seller. Buyer reserves the right to cancel this Order and effect cover if Seller cannot comply with the schedule(s) indicated on this Order. Buyer may return over shipments to Seller at Seller’s expense for all packing, handling, sorting and transportation. Buyer may from time to time, and with reasonable notice, suspend schedules specified in the Order or such shipment releases. Unless otherwise specified, the goods Seller sells to Buyer shall be (a) packed, packaged, marked and otherwise prepared for shipment in a manner which is in accordance with good commercial practice, (b) acceptable to common carriers for shipment at the lowest rate for the particular goods and in accordance with applicable regulations, and (c) adequate to insure safe arrival at the named destination. Seller agrees to mark all containers with necessary lifting, handling, and shipping information. Invoice and bill of lading or other notice containing complete shipping information must be mailed at time of shipment. Buyer’s order number must be shown on all packages, invoices and correspondence.If it becomes necessary for Seller to ship by a more expensive mode than specified on the face of this Order in order to meet a schedule, Seller shall pay any resulting premium transportation cost unless Seller can establish to Buyer’s satisfaction that the necessity for the change in routing is occasioned by force majeure events.