Common use of Damage to Goods Clause in Contracts

Damage to Goods. 11.1 If there is damage to the goods covered under this Agreement which occurs without fault to either party (including negligence and willful misconduct) and before risk of loss has passed to Buyer, then: 11.1.1 if the damage is total, the contract is avoided; 11.1.2 if the damage is partial or the goods have so deteriorated as to no longer conform to the Agreement, Buyer may demand inspection and either: (i) treat the Agreement as avoided; or (ii) accept the goods with due allowance from the quote price for the deterioration or the deficiency in quantity, the sum of which must be mutually agreed between the parties in writing.

Damage to Goods. 11.1 If there is damage casualty to the goods covered under this Agreement which occurs without fault to either party (including negligence and willful misconduct) and before risk of loss has passed to Buyer, then: 11.1.1 if If the damage loss is total, the contract is avoided; 11.1.2 if If the damage is partial or the goods have so deteriorated as to no longer conform to the Agreement, Buyer may demand inspection and either: (i) treat the Agreement as avoided; or (ii) accept the goods with due allowance from the quote price for the deterioration or the deficiency in quantity, the sum of which must be mutually agreed between the parties in writing.