Late payments will bear the statutory commercial interest (handelsrente) on the basis of Section 6:119a Dutch Civil Code (“DCC”). i) If Buyer is in default of performance of its obligations towards Seller and fails to provide adequate assurance of Buyer’s performance before the date of scheduled delivery; or (ii) if Seller has reasonable doubts with respect to Buyer’s performance of its obligations and Buyer fails to provide to Seller adequate assurance of Buyer’s performance before the date of scheduled delivery and in any case within thirty (30) days of Seller’s demand for such assurance; or (iii) if Buyer becomes insolvent or unable to pay its debts as they mature, or goes into liquidation or any bankruptcy proceeding shall be instituted by or against Buyer or if a trustee or receiver or administrator is appointed for all or a substantial part of the assets of Buyer or if Buyer makes any assignment for the benefit of its creditors; or (iv) in case of non- compliance of Buyer with any law, statute ordinance, regulation, code or standard (“Laws and Standards”), then Seller may by notice in writing to Buyer, without prejudice to any of its other rights: (a) demand return and take repossession of any delivered Products which have not been paid for and all costs relating to the recovery of the Products shall be for the account of Buyer; and/or (b) suspend its performance or rescinds, partly or completely its order confirmation for pending delivery of Products in accordance with Section 6:265 DCC unless Buyer makes such payment for Products on a cash in advance basis or provides adequate assurance of such payment for Products to Seller.

The Seller’s right to damages remains hereby unaffected and the application of Section 1971 of the Civil Code is hereby excluded. The application of Sections 1765 and 1798 to 1800 of the Civil Code is hereby expressly excluded.

Important information about the health, safety and environmental impacts of Avient products. Browse and download our literature to learn more about Avient solutions and services. Learn about key characteristics and applications for Nymax™ BIO Bio-based Polyamide Solutions

Learn more about FEA and how it can be applied to your polymer application To learn more about FEA and how it can be applied to your polymer application, contact an expert at Avient today! Learn more about FEA and how it can be applied to your polymer application

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