Damage in Transit Clause Samples
The 'Damage in Transit' clause defines the responsibilities and procedures if goods are damaged while being transported from the seller to the buyer. Typically, it outlines who bears the risk during transit, the steps the recipient must take upon discovering damage (such as notifying the carrier or supplier within a specified timeframe), and the process for claiming compensation or replacement. This clause ensures that both parties understand their obligations and remedies in the event of transit damage, thereby minimizing disputes and clarifying liability.
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Damage in Transit. 7.1 On despatch of any consignment of the Goods, the Supplier shall send to the Purchaser at the address for delivery of the Goods, an advice note specifying the means of transport, the place and date of despatch, the number of packages and their weight and volume.
7.2 The Supplier shall, free of charge and as quickly as possible, either repair or replace (as the Purchaser shall elect in its sole discretion) such of the Goods as may either be damaged in transit or having been placed in transit fail to be delivered to the Purchaser provided that:
7.2.1 in the case of damage to such Goods in transit the Purchaser shall within thirty (30) days of delivery give notice to the Supplier that the Goods have been damaged; and
7.2.2 in the case of non-delivery the Purchaser shall (provided that the Purchaser has been advised of the despatch of the Goods) within ten (10) days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered.
Damage in Transit. On dispatch of any consignment of the Supplies the Supplier shall send to the Council at the address for delivery of the Supplies an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. Where the Supplies are either damaged in transit or having been placed in transit fail to be delivered to the Council, the Council shall elect:
Damage in Transit. 10.1. You must notify us within 48 hours of delivery if Goods are found to be damaged upon delivery. You must keep the Goods within the original packing and make these available for inspection.
10.2. In the case of Goods damaged in transit our total liability to you is limited to providing replacement Goods within a reasonable period. You must follow the procedure set out in Clause 6 for all damaged Goods.
Damage in Transit. Notwithstanding the stated F.O.B. point, Supplier shall be responsible for any loss or damage occurring during transit when such loss or damage is attributable either to an act or omission of Supplier or its contractors, or to a failure of either Supplier or its contractors to adhere to the express shipping instructions of Company.
Damage in Transit. 16.1 On dispatch of any consignment of the Goods the Contractor shall send to the Commissioner at the address for delivery of the Goods an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. Where the Goods are either damaged in transit or having been placed in transit fail to be delivered to the Commissioner, the Commissioner shall elect:
(a) to reject the consignment; or
(b) require the Contractor free of charge to the Commissioner, to repair or replace the damaged Goods, and deliver the repaired or replaced Goods in accordance with the timescales specified in the Agreement provided that:
(i) in the case of damage to such Goods in transit the Commissioner shall within 25 Working Days of delivery give notice to the Contractor that the Goods have been damaged;
(ii) in the case of non-delivery the Commissioner shall (provided that the Commissioner has been advised in writing of the dispatch of the Goods) within ten Working Days of the notified date of delivery give notice to the Contractor that the Goods have not been delivered.
Damage in Transit. 7.1 When the price quoted includes delivery, and except where the Purchaser has given special instructions as to carriage or delivery and delivery has been made to the order of the Purchaser as mentioned in clause 3.5, the Company will either repair or replace free of charge Goods damaged in transit or allow credit therefore provided the Purchaser shall give the Company notice in writing of the extent and nature of the damage:
7.1.1 where Goods are delivered by the Company within 3 days of the date on which the Goods were delivered; or
7.1.2 where the Goods are delivered by outside carriers within such time as will enable the Company to comply with such carriers conditions or carriage for the notification of such claims.
7.2 In the absence of such notification the Purchaser shall be deemed to have accepted the Goods.
Damage in Transit. We do ensure that goods are appropriately packaged. In order that we can fully compensate you for goods that get damaged in transit to you, normally by replacing the goods in question, you must ensure that parcels are NOT signed for as received in good condition without first checking that the goods fit that description. Larger whiteboards are especially vulnerable and, we suggest that those who will sign for receipt of goods are advised of the delivery in advance and requested to inspect the boards before signing for them.
Damage in Transit. 5.7.1 On dispatch of any consignment of the Leased Goods the Supplier shall send to the Customer at the Premises an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume.
5.7.2 Where the Leased Goods are either damaged in transit or having been placed in transit fail to be delivered to the Customer, the Customer shall elect:
5.7.2.1 to reject the consignment; or
5.7.2.2 require the Supplier free of charge to the Customer, to repair or replace the damaged Leased Goods, and deliver the repaired or replaced Leased Goods in accordance with the timescales specified in the Order Form provided that:
(a) in the case of damage to such Leased Goods in transit the Customer shall within 25 Working Days of delivery give notice to the Supplier that the Leased Goods have been damaged;
(b) in the case of non-delivery the Customer shall (provided that the Customer has been advised in writing of the dispatch of the Leased Goods) within 10 Working Days of the notified date of delivery give notice to the Supplier that the Leased Goods have not been delivered.
Damage in Transit. On despatch of any consignment of the Goods the Supplier shall send to the Authority an advice note specifying the means of transport, the place and date of dispatch, the number of packages and their weight and volume. Where the Goods are either damaged in transit or having been placed in transit fail to be delivered to the Authority, the Authority shall elect:
(a) to reject the consignment; or
(b) require the Supplier free of charge to the Authority, to repair or replace the damaged Goods, and deliver the repaired or replaced Goods in accordance with the timescales specified in the Purchase Order provided that:
(i) in the case of damage to such Goods in transit the Authority shall within thirty (30) days of delivery give notice to the Supplier that the Goods have been damaged;
(ii) in the case of non-delivery the Authority shall (provided that it has been advised in writing of the dispatch of the Goods) within ten (10) days of the notified date of delivery give notice to the Supplier that the Goods have not been delivered.
Damage in Transit. All Goods to be delivered against this or any other Contract are at the sole risk of the Supplier until officially received by the Company at the delivery point stated overleaf.
