Deemed Delivered Quantity Clause Samples
The 'Deemed Delivered Quantity' clause defines the amount of goods or services that are considered to have been delivered, even if actual physical delivery did not occur as expected. In practice, this clause may apply when delivery is prevented by circumstances beyond the seller's control, such as force majeure events or logistical disruptions, and a specified quantity is contractually recognized as delivered for the purposes of payment or performance obligations. Its core function is to provide certainty and fairness in contractual relationships by ensuring that parties are not penalized for non-delivery due to uncontrollable events, thereby allocating risk and clarifying obligations.
Deemed Delivered Quantity. For the purpose of this Agreement, the aggregate of the following items provided under Clause 5.9.1 to Clause 5.9.2 shall constitute the Deemed Delivered Quantity with respect to a Year:
Deemed Delivered Quantity. For the purpose of this Agreement, the aggregate of the following items provided under ▇▇▇▇▇▇
Deemed Delivered Quantity. For the purpose of this Agreement, the aggregate of the following items provided under ▇▇▇▇▇▇
6.9.1 to Clause 6.9.2 shall constitute the “Deemed Delivered Quantity” with respect to a Year:
6.9.1 For supply of Coal by Rail:
(a) The quantity of the Contracted Grade of Coal not supplied by the Seller owing to omission or failure on the part of the Purchaser to submit in advance the designated rail program(s) to the Seller as per agreed time-table with respect to the Scheduled Quantity in accordance with Clause 9.1. The quantity of the Contracted Grade of Coal not supplied by the Seller owing to cancellation, withdrawal or modification of the rail program(s) by the Purchaser after its submission whether before or after allotment of wagon(s) by railways.
(b) The quantity of the Contracted Grade of Coal not supplied by the Seller owing to the Seller exercising the right of suspension of supplies in terms of Clause 15.
(c) The quantity of the Contracted Grade of Coal not supplied by the Seller owing to the Purchaser failing or omitting to fulfill the requirements under Clause 13.
(d) The quantity of the Contracted Grade of Coal offered by the Seller which is not accepted by the Purchaser.
Deemed Delivered Quantity. For the purpose of this Agreement, the aggregate of the following items provided under Clause Error! Reference source not found. to Clause Error! Reference source not found.shall constitute the Deemed Delivered Quantity with respect to a Year:
Deemed Delivered Quantity. For the purpose of this Agreement, the aggregate of the following items provided under Para 3.7.1 of this Annexure C and Para 3.7.2 of this Annexure C shall constitute the Deemed Delivered Quantity.
3.7.1 For supply of Coal by rail
i. The quantity of Coal not supplied by the Seller owing to omission or failure on the part of Purchaser to submit the requisite rail programme(s) as per extant procedure with respect to the Scheduled Quantity.
ii. The quantity of Coal not supplied by the Seller owing to cancellation, withdrawal or modification of the rail programme(s) by the Purchaser after its submission whether before or after allotment of wagon(s) by railways.
iii. The quantity of Coal not supplied by the Seller owing to Purchaser’s failure to pay and/or submit/maintain IRLC or Usance LC, as applicable, in accordance with Para 10.1.2(ii) of this Annexure C.
iv. The quantity of Coal not supplied by the Seller owing to Seller exercising the right of suspension of supplies in terms of Para 12 of this Annexure C.
v. The quantity of Coal offered by Seller in terms of Clause 4.4 of the Detailed Terms and Conditions of the Fuel Supply Agreement not accepted by the Purchaser.
3.7.2 For Supply of Coal by road/ ropeways/MGR/belt conveyor i. The quantity of Coal not supplied by the Seller owing to the Purchaser’s failure to pay and/or submit IRLC or Usance LC, as applicable, in accordance with Para 10.1.2(ii) of this Annexure C.
Deemed Delivered Quantity. For supply of Coal by rail The quantity of Coal not supplied by the Seller owing to omission or failure on the part of Purchaser to submit the requisite rail programme(s) as per extant procedure with respect to the Monthly Scheduled Quantity. The quantity of Coal not supplied by the Seller owing to cancellation, withdrawal or modification of the rail programme(s) by the Purchaser after its submission whether before or after allotment of wagon(s) by railways. For Supply of Coal by road/ ropeways/MGR/belt conveyor The quantity of Coal not supplied by the Seller owing to the Purchaser’s failure to place the requisite number/type of transport at the Delivery Point for delivery of Coal within the validity period of the sale order/delivery order.
Deemed Delivered Quantity. For the purpose of this Agreement, the aggregate of the following items provided under clause 3.10.1 to 3.10.2 shall constitute the Deemed Delivered Quantity with respect to a Month.