3.1. KIN shall deliver the Performance at the place, on the date, in the quantity and quality as agreed in the Contract. If a delivery period is set, KIN is entitled to deliver the Performance at any time within this period. If an exact delivery period is not set, KIN shall determine the date of delivery and ask the Client to take over the Performance at least 3 (three) days before the planned delivery date. Unless otherwise agreed expressly, the agreed delivery dates (periods) are only approximate.   3.2. Unless otherwise agreed in the Contract, the Performance shall be delivered EXW –Mladá Vožice, without packing (INCOTERMS 2010). The Performance is treated as delivered at the time that KIN allows the Client to dispose of the Performance in the agreed place of performance. If KIN is to ship the goods, the Performance is treated as delivered to the Client upon handover thereof to the first carrier for the transportation of the Performance to the Client. KIN shall only insure the Performance for the transportation if it is specified expressly in the Contract.   3.3. The Performance shall be delivered by KIN on condition that the Client delivers all necessary basic data and materials, gets the necessary permits, consents and approvals, renders necessary assistance, fulfils the agreed payment terms and other obligations of the Client in due time. Should these conditions not be fulfilled in due time, the delivery period determined for delivery of the Performance shall be extended accordingly. Further, as a condition for the Performance by KIN, the Client must not be delayed with any payment for the Performance already delivered by KIN. Should the Client be delayed, KIN shall not be delayed with the Performance Delivery, and the agreed delivery time shall be extended by a period corresponding to the Client’s delay as stated above. If any advance payment or payments are agreed, KIN is not obligated to execute the Performance Delivery before such payment or payments are effected.   3.4. The Client shall (a) take over the Performance on the agreed date, and/or on the date as advised to the Client by KIN in accordance with Article 3.1 of the GTC, (b) confirm the takeover of the Performance in writing in the delivery note or handover report, and (c) send (give) the confirmed copy to KIN. The proper Performance is also deemed to be the functional Performance containing only such defects or shortcomings of work which do not disable the proper use of the Performance for the purpose as agreed in the Contract, or for the purpose that is common in view of the nature and subject of the Performance. KIN is entitled to deliver the Performance before the agreed date. Together with the Performance, KIN shall deliver the documentation and documents required for the acceptance and proper use of the Performance, as well as other agreed documentation, if applicable, to the Client. If the Client uses or has fully processed the Performance, or transfers it to the ownership of a third party, the Performance is treated as properly delivered and taken over by the Client, free of defects and arrears.   3.5. Should the Client not accept the Performance within 15 (fifteen) days from delivery thereof, KIN is entitled to store the Performance at the expense and risk of the Client, and the Client shall pay storage charges to KIN, equal to 0.1% of the price of the Performance per day of storage. Should the Client not accept the Performance within an additional period of at least 30 (thirty) days, KIN is entitled to terminate the Contract without any other action, and to charge a contractual penalty in addition to thecompensation for damages and storage charges, equal to 15% (fifteen percent) of the total price of the Performance, and the Client shall pay these amounts after they are charged by KIN.   3.6. Should the Performance be delayed upon the request of the Client, KINis entitled to charge the costs for storage, as well as the costs for suspension of works, if applicable, to the Client.   3.7. Unless expressly otherwise agreed, KIN shall not deliver the Performance before the full price of the Performance has been paid. Similarly, KIN is entitled to suspend the Performance or a part thereof if KIN has any overdue claim against the Client, including claims under other orders and business relations.   3.8. The technical parameters of the Performance (quality and make) are determined byan internal technical standard of KIN and reference samples, if approved by the parties before signing the Contract.   3.9. All documents regarding the delivered Performance shall be issued in the Czech language. KIN shall only ensure the translation thereof if this obligation is stipulated in the Contract.   3.10. KIN delivers the Performance without a package or packed in a manner that is adequate for preserving and protecting the Performance by standard packages that are normally used for such performance by KIN.