Common use of Completion of Delivery Clause in Contracts

Completion of Delivery. Unless otherwise agreed in writing by the Parties, the Customer shall collect the Products from the Seller's premises at Seller’s designated facility or such other location as may be advised by the Seller prior to delivery within three business days of the Seller notifying the Customer that the Products are ready. Delivery is completed when the Products are delivered in accordance with the agreed Incoterm or Customer has provided Seller with a duly executed proof of delivery, whichever is earlier. Seller shall not be required to tender delivery of any quantities of Products for which Customer has not provided timely shipping instructions. If Customer fails to fulfil an obligation towards Seller, including providing proof of delivery, or gives Seller good cause to assume that the Customer will fail to fulfil those obligations, Seller shall be entitled to repossess the Products supplied subject to retention of title, or arrange for this to be done, even if these are to be detached from other items, or calculate whatever additional tax may be applicable to the specific transaction. The costs of the repossession shall be borne by the Customer, without prejudice to any other rights which Seller may invoke. Furthermore, if the Customer fails to take or make arrangements to accept delivery of the Products or if delivery is delayed by the Customer or the Seller is unable to deliver because of inadequate access or instructions or failure of the Customer to obtain necessary instructions, consents or licenses, delivery shall be deemed to have occurred and the Seller may do any one or more of the following (without prejudice to any other right or remedy the Seller may have): (a) make additional charges for failed delivery; (b) allocate new delivery dates; (c) store the Products in accordance with clause 9; (d) invoice the Customer for the Products; (e) terminate the Agreement without liability on the Seller’s part; and (f) recover from the Customer all costs and losses incurred by the Seller.