b'7.3Resale, Incorporation in Other Product.9.2Suspension of delivery. the Buyer from its obligation to timely pay the price for theIn the event Buyer resells the products or incorporates theseDAF will be entitled to suspend the production or deliveryrelevant products.in any other product before Buyer has acquired ownershipof products and services, in the event there are, to DAFs11.Non-conformity of the productsof the products in accordance with article 7.1, Buyer will besole discretion, reasonable grounds to doubt whether deemed to do so on behalf of DAF, as DAFs representative. Buyer is able or willing to fully and timely fulfil its payment11.1Inspection by Buyer. 7.4Storage, Insurance, Repossession. obligations. Without prejudice to articles 10.1 and 10.2, the Buyer shall notify DAF in writing of any lack of conformity of Until the Buyer becomes the owner of the products: 9.3Late delivery. the products that has not been apparent immediately upon delivery, within 8 days from the date when this was a. Buyer shall store these in his premises separately from hisIn the event DAF has in the Contract consented to an own goods or the goods of any other person and shallexpress obligation to deliver the products at an agreed firmdiscovered or could reasonably have been discovered by identify these as the property of DAF and preserve alldate of delivery or within an agreed firm period of delivery,the Buyer, specifying the nature of the lack of conformity, labels, identifying marks and stock records identifyingand has not honoured this obligation, Buyer will notifyon pain of forfeiting the right to invoke any action based on them as the property of DAF, andDAF of this in writing. DAF will only be deemed not to havelack of conformity.b. Buyer shall, to the satisfaction of DAF, insure the productsfulfilled its delivery obligations pursuant to the Contract against loss, theft and damage, andif DAF has failed to as yet deliver the product to Buyer11.2Minor Discrepancies. c. DAF shall have absolute authority to retake, sell orwithin a reasonable period of grace after receipt of BuyersProducts shall be deemed to conform to the Contractotherwise dispose of, or transport to a location fornotification. This period will in no event be shorter than fourdespite minor discrepancies that do not essentially affect safekeeping determined by DAF, all any or part of theweeks. the normal use of the product.products in which title remains vested in DAF, without9.4Compensation. 11.3Limited Warranty.the Buyer being released from the Contract as a result thereof.DAF shall only be obliged to compensate Buyer for lateBuyer acknowledges and agrees that Buyers sole and d.For the purpose specified in c. above, DAF or any of itsdelivery if this has been expressly agreed with DAF inexclusive remedy in the event of design and manufacturing agents or authorised representatives shall be entitled atwriting. The Buyer will in case of such an express obligationquality issues that are not in conformity with the Contract any time and without notice to enter upon any premises inbe entitled to claim liquidated damages equal to 0.25%and are due to a breach of any of DAFs obligations under which the products are stored or kept, or are reasonablyof the price of those products for each complete week ofthe Contract, will be the remedies set forth in DAFs believed to be so. delay starting as of the end of the period of grace referredstandard ex-factory warranty documentation related to the e. Buyer irrevocably consents to fully cooperate with DAFto in article 9.3. The liquidated damages for delay shall notproducts in question, subject to the terms and conditions exceed 2.5% of the price of the products ordered or suchspecified in that documentation. DAFs ex-factory warranty and enable DAF to exercise its rights under c. and d inother maximum amount as may be agreed. documentation shall be forwarded to the Buyer free of all practical aspects, in particular by doing everythingcharge at Buyers first request. DAFs ex-factory warranty that is necessary or useful to give DAF free access to the9.5Termination based on non-delivery.shall not apply in respect of defects caused by normal wear products and to allow the transportation of the goods toThe Contract may not be cancelled, rescinded, avoided orand tear, careless or incompetent use or maintenance or by a location to be determined by DAF.otherwise terminated by the Buyer, unless DAF will not haveaccidents or calamities.f.delivered the products by the date on which the Buyer has The Buyer shall not assign, pledge, let or otherwise dispose of any product or enter into any agreement bybecome entitled to the maximum amount of the liquidated11.4 Used Trucks.which the products are subjected to any security right ordamages under article 9.4 and the Buyer has given notice toThe ex-factory warranty referred to in article 11.3 does not right to surrender the products. inform DAF of its intention to terminate the Contract, if theapply to used trucks. In the event DAF has sold a used 8.Trade terms, Delivery products have not been delivered to Buyer within 5 days oftruck to the Buyer, and no written specifics have been receipt of such notice by DAF. In such a case the Contractagreed about the technical state of the vehicle, DAF will 8.1may be cancelled only if and to the extent to which thedeliver the used vehicle in the condition this had at the EXW.Unless otherwise agreed, delivery shall be Ex WorksBuyer cannot reasonably be expected to accept any furthermoment the Contract with the Buyer was concluded (EXW) DAF Eindhoven, The Netherlands, or EXW suchdelay in delivery. without any warranty with respect to the operational use or other production location as shall be agreed by the parties. 9.6merchantability of the vehicle.Compensation after termination.8.2In case of termination of the Contract pursuant to article 9.5,11.5 Cooperation by Buyer. Remedies.Buyer shall be obliged to take delivery of the productsthen, in addition to any amount paid or payable under articleWhere the products are non-conforming to the Contract he bought and to do all the acts which can reasonably9.4, the Buyer is entitled to claim damages for any additionaland article 11.3 and 11.4 do not apply, DAF shall (provided be expected of Buyer in order to enable DAF to makeloss not exceeding 2.5% of the price of the non-deliveredthe Buyer having given notice of the lack of conformity in the delivery and to provide the Buyer with the factualgoods. compliance with article 11.1) at its option:possession of the products. In the event the Buyera. Deliver the missing quantities of the products, or9.7Delay in transportation. If DAF has undertaken to arrange breached this obligation, the risk in the products shall,b.Remedy the non-conformity by repair, without any irrespective of what trade term applies, pass to the Buyerfor the transport of the products, but due to force majeuradditional expense to the Buyer, or and all costs incurred by DAF in view of or in connectionno means of transport are available to ensure the timelyc.delivery of the products at the place of delivery, then theReplace the products with substitute products without with the delivery, as well as any further costs of transport,parties shall in common consultation seek a solution that isadditional expense to the Buyer, or safekeeping and storage shall be borne by the Buyer. acceptable to both DAF and the Buyer. If no such solutiond. Reimburse to the Buyer the price paid for the non-8.3Partial deliveries. presents itself within a reasonable period, DAF shall haveconforming products and thereby terminate the Contract as regards those products. The above remedies shall be DAF shall be entitled to make partial deliveries and tothe right to suspend delivery or to store products in aBuyers sole remedies.invoice each delivery. warehouse not managed by DAF and not forming part of its plant, at the Buyers expense and risk. 11.6Termination.8.4 Conditional on Letter of Credit, advance paymentsIf DAF has failed to perform its obligations pursuant securities.9.8Sole remedy. The remedies under this article shall be Buyers to article 11.5 by the date on which the Buyer becomes If payment by the Buyer is to be made by letter of credit,sole remedy for delay in delivery or for non-delivery.entitled to the maximum amount of liquidated damages the delivery period shall begin to run on the date on which10.Receiving inspection, complaints according to article 9.3, the Buyer may give notice in writing the bank has advised DAF that the letter of credit has been opened in accordance with DAFs requirements,10.1 nspection products upon receipt. to terminate the Contract as regards the non-conforming I products if the supply of missing quantities, replacement unless explicitly agreed otherwise in writing. If the BuyerIf DAF has undertaken to arrange the transport of theproducts or the repair is not effected within 14 days of must make an advance payment or give security for theproducts sold, the Buyer must examine the products forreceipt of such notice by DAF.payment of the purchase price or if the Buyer must furnishtransport damage immediately upon arrival at their agreed information and/or materials or parts required for thedestination. If any transport damage is found, Buyer shall11.7 Compensation Re Retained Products.execution of the work, then the agreed delivery period shallmake a detailed description thereof on the transportWhere the Buyer elects to retain non-conforming products, not begin to run until such payment has been received indocument to be signed after receipt of the products. the Buyer shall be entitled to a sum equal to the difference full, the required security has been given or the information10.2 Reporting of damage, non-conformity and qualitybetween the value of the products at the agreed place of and/or materials or parts have been furnished in full,destination if they had conformed with the Contract and respectively. deficiencies. their value at the same place as delivered, such sum not All damages, specification non-conformity issues orexceeding a, considering all circumstances, reasonable 9.Late delivery, non-delivery, remedies deficiencies regarding the products which can be detected compensation. This compensation will in no event exceed 9.1Estimates only. immediately upon arrival at their destination, must be5% of the price of the products.reported by the Buyer to DAF in writing with a detailed Unless expressly agreed otherwise in writing, deliverydescription of the nature of the damage, lack of conformity11.8No Indirect Damages, Maximum Amount.dates and delivery periods will always only be deemed to be estimates and never be or construed to be absoluteor deficiencies within 2 working days after receipt, on painWithout prejudice to the exclusivity of remedies parties deadlines or an undertaking to deliver a specific number ofof forfeiting the right to invoke any action based on suchagreed to in articles 9.4, 9.6, 11.3 and 11.5, parties agree products within a specific period. damages, non-conformities and deficiencies. The reporting of damages, non-conformities or deficiencies will not relieve 46153 TRP Catalogue Reprint Adverts 250x337.indd 21 05/01/2021 14:12'