5.On-hire Delivery and Taking Delivery

  • Mode of delivery
  • Except as otherwise agreed upon by the Parties, the on-hire mode of delivery of container equipment shall be Ex-Works: delivery at the container yard specified by the Lessor at the on-hire location. When the Lessor delivers the well-prepared containers to the Lessee for disposal at the container yard designated by the Lessor at the on-hire location prior to the agreed time of taking delivery, it shall be deemed that the Lessor has fulfilled the delivery obligation. The Lessee shall take responsibility for taking delivery of the containers within the agreed period of taking delivery. Prior to and within the period of taking delivery, the Lessor shall take all risks such as possible loss or damage. Upon the expiration of the period of taking delivery, or after the Lessee takes delivery of the containers, the Lessee shall take all risks such as possible loss or damage before redelivering them to the container yard designated by the Lessor.
  • Within the period of taking delivery, the actual taking delivery date is the date of on-hire; otherwise, the expiration date of the period of taking delivery will be automatically regarded as the date of on-hire.
  • Unless otherwise agreed upon by the Parties, individual containers shall be distributed randomly by the Lessor, but the Lessor shall guarantee that they are in compliance with the technical specifications and quality standards specified herein and the standards specified in individual contracts.
  • If the Lessor finds that the quality of container equipment is not in line with the agreed standards at the time of delivery, the Lessor shall exchange defective container equipment unconditionally or repair container equipment to meet the quality standards within an agreed time limit. If the Lessor fails to take timely measures to make its container quality conform to the agreed standards, the Lessor shall be liable for breach of the Contract.
  • Unless otherwise agreed upon by the Parties, when the Lessee takes delivery of the containers, the Lessor shall afford the cost of lifting the containers onto the transport vehicles of the Lessee.
  • The Lessee shall bear the freight and related charges incurred by the taking delivery of the containers.
  • The concrete procedures are as below:
    • In accordance with individual contracts, the Lessor shall issue a Delivery Order to the Lessee in writing. The legal and valid Delivery Order is the voucher and notice delivered by the Lessor to the Lessee. When the Lessor issues a Delivery Order to the Lessee, it shall be considered that the Lessor delivers the containers that haven't been placed on any transport vehicle to the Lessee for disposal at the designated location, and informs the Lessee of the taking delivery. Except as otherwise agreed upon by the Parties, the period of taking delivery shall be within 10 days after the delivery of the Delivery Order.
    • Once the Lessee determines the concrete time and/or location for taking delivery within the agreed period, the Lessee must issue a sufficient notice to the Lessor. The Lessor shall arrange the operation plan of the relevant container yard based on the Lessee’s taking delivery plan. If the Lessee needs to change the concrete time and/or location for taking delivery, it shall immediately give a full notice to the Lessor again. The Lessor shall coordinate the changed operation plan of the container yard based on the changed time of taking delivery of the Lessee, to meet the requirements of the Lessee to the greatest extent.
    • Before taking delivery of the containers, the Lessee shall confirm with the designated container yard on its service capability, availability of containers, taking delivery process, and the operation plan at least 1 working day in advance, agree on the time of taking delivery, and arrange the taking delivery according to the agreed conditions.
    • The Lessee or its agent shall take delivery of the containers at the container yard designated by the Lessor, and submit to the container yard the Delivery Order with the original official seal and authorized signature of the signing recipient; if there are more than one container under a Delivery Order, the Lessee shall submit the Delivery Orders in the same number of the containers with the official seal and authorized signature of the recipient, that is, “one order for each container”. If the recipient is designated in the Delivery Order, an authorized signature of the“designated recipient” with the original official seal shall be required.
    • The Lessee shall do its utmost to take delivery of the containers during the daytime working hours in the statutory working days to gain more resources and support.
    • The Lessee or its agent shall check and confirm that the condition of the containers is in line with the specified quality standards before taking delivery of the containers; if the containers are found not up to the quality standards, the Lessee or its agent shall inform the Lessor in a prompt manner to address the problem before the request of storing in the yard, and the Lessor shall be obliged to change or repair defective containers to satisfy the quality standards. If the Lessee or its agent takes delivery of the containers and takes them out of the container yard, it means that the Lessee has confirmed that the condition of containers conforms to the quality standards and completed the taking delivery of the containers. All risks and responsibilities arising after taking delivery and before redelivery shall be taken by the Lessee.
    • The Lessee shall take delivery of all the containers under the Delivery Order within the free storage period (i.e. the period of taking delivery in the Delivery Order); if it is overdue, the Lessee will afford the overdue storage fees. Unless otherwise agreed upon by the Parties, the free storage period shall be within 10 days after the delivery of the Delivery Order.
    • The Lessee shall take delivery of the containers within the validity period of the Delivery Order. If the Lessee expects that it fails to take delivery of the containers within the validity period of the Delivery Order, it shall apply to the Lessor for extension or replacement of the Delivery Order 3 working days prior to the expiration of relevant Delivery Order.
    • If the Lessee fails to take delivery of all or part of the containers within 30 days after the Delivery Order is issued or forwarded, the Lessor shall be entitled to cancel the business of the part that hasn't been taken delivery of.
    • The Lessee shall take delivery of the containers within the period of taking delivery, and send the “Taking delivery Confirmation” to the e-mail address (该邮件地址已受到反垃圾邮件插件保护。要显示它需要在浏览器中启用 JavaScript。 ) designated by the Lessor within 7 working days upon taking delivery and 7 working days prior to redelivery of containers. The content of the Confirmation shall include: reference number of Delivery Order, date of taking delivery, as well as number and type of the containers that have been taken delivery of. If the Lessee fails to complete the taking delivery of some or all containers within the period of taking delivery, it shall still follow the mentioned process to confirm the actual situation of the taking delivery with the Lessor and update the taking delivery plan and Taking delivery Confirmation.
    • For the containers that have been inspected or surveyed, the Lessee shall complete the taking delivery as early as possible upon the completion of the inspection or survey or within the time limit specified by the container yard. If the operation of the container yard is affected because the Lessee fails to take delivery of the containers in a prompt manner, and the containers are moved away or randomly distributed by the container yard to other customers, the liabilities and fees incurred thereby shall be borne by the Lessee.
  • Location of delivery:
  • Unless otherwise agreed upon by the Parties, the location of delivery shall be the container yard designated by the Lessor at the on-hire location.
  • Delivery deadline:
  • The Lessor shall fulfill its delivery obligations to the Lessee as per the delivery deadline specified in individual contracts. If the Lessor delivers the containers 1 day after the delivery deadline, the Lessee shall be entitled to refuse to accept the containers, and unilaterally cancel individual contracts and demand the Lessor to bear the liabilities for breach of the Contract.
  • Proof of delivery
  • The Lessor shall issue the Delivery Order to the Lessee in writing. The legal and valid Delivery Order is the voucher and notice delivered by the Lessor to the Lessee.
  • Credentials of taking delivery
  • Unless otherwise noted, the signature or seal of the agent appointed by the Lessee on the Outbound Equipment Interchange Receipt suggests that the Lessee has taken delivery of the containers with the quantity, type, and quality standard listed in the receipt.
on 星期五 10月 21 by gatewaysusan
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