DELIVERY AND ACCEPTANCE OF GOODS. 2.1. Unless otherwise agreed in writing by Company, delivery of the Goods shall be Ex-Works Company’s factory (High Point, NC) on international orders and FOB (High Point, NC) on shipments within the continental USA.
2.2. Unless otherwise instructed, Company reserves the option to ship by its preferred option at Customer’s cost. Upon request, Company will prepay freight for accounts with established credit and a service charge of the freight xxxx, will be added. Company will use commercially reasonable efforts to ship orders complete and on schedule, however, Company reserves the right to make partial shipments as Goods are ready.
2.3. Any dates specified by Company for delivery of the Goods are intended to be an estimate only and time for delivery shall not be of the essence. If no dates are so specified, delivery will be within a reasonable time. Company shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event (as defined below) or Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
2.4. If for any reason Customer does not accept delivery of any of the Goods when they are ready for delivery or Company is unable to deliver the Goods on time because Customer has not provided appropriate instructions, documents, licences, payments, or authorizations, then the Goods will be deemed to have been delivered on the date and time specified by Company as the time of delivery, risk shall pass to Customer (including for loss or damage caused by Company’s negligence) at such time and Company shall store the Goods until delivery takes place and may charge Customer for the costs of transfer and storage and/or the following charges: (i) where Customer fails to notify or notifies Company of the delay less than 72 hours prior to the time of delivery: 5% of the value of the order per week of delay; or (ii) in all other cases: 2.5% of the value of the order per week of delay.
2.5. Customer will be deemed to have accepted the Goods as being in accordance with the Contract unless Customer notifies Company in writing of any defect or other failure of the Goods to conform with the Contract within 3 days of the date of delivery of the Goods. Failure to make a claim within said period shall constitute acceptance of the Goods by Customer and Customer shall not be entitled to reject the Goods and Company shall have no liability for such defect ...
DELIVERY AND ACCEPTANCE OF GOODS a) Delivery of the Goods will occur (and risk of damage or loss will pass) when they are delivered to you or made available for collection. Krome shall provide the Services in a professional manner in accordance with accepted industry practice and any agreed SLA’s. However, Krome shall not be required to meet the specific requirements of the Customer unless they are agreed in writing by the parties.
b) You acknowledge that any agreed or stated period for delivery of the Goods is an estimate only and that any such agreement does not make time of the essence for your order. You will not be relieved of any obligation to accept the Goods by reason of any delay in delivery. Any timelines, timetables and/or dates specified for delivery or availability of a Service, in a proposal or equivalent are indicative only. Time shall not be of the essence unless expressly stated as such.
c) If we are unable to deliver the Goods within a reasonable period of time or at all, due to factors outside of our reasonable control, then we may cancel your order (or part thereof) and we will not be liable to you for any damage, loss or expense whatsoever arising out of such cancelation, however any payment on the contract should be reimbursed.
d) We reserve the right to deliver the Goods by instalments and to invoice you for each instalment of Goods delivered where, in our opinion, it is reasonable to do so. Your failure to pay for any instalments shall entitle us to withhold delivery of any remaining Goods until such time as payment is made in full.
e) We warrant that we are not the producers of any Goods or any part thereof for the purposes of the Waste Electrical and Electronic Equipment Regulations (as amended) and bear no responsibility for the disposal of any part of the Goods under those Regulations.
f) We do not warrant that the Goods will be fit for any particular purpose unless that purpose is specifically advised to us in writing and we confirm in writing that the Goods will fulfil that particular purpose. Further, we do not warrant that the Goods will meet any particular performance criteria unless, similarly, we have been notified of that and we have agreed to this in writing. The express terms of this agreement are in lieu of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage or course of dealing; all of which are hereby excluded to the fullest extent permitted by law.
DELIVERY AND ACCEPTANCE OF GOODS. 8.1 Hilti shall deliver the Goods to the location set out in the order form or as the parties may agree in writing at any time after Hilti notifies the Buyer that the Goods are ready. Delivery of the Goods shall be completed on the Goods’ arrival at the relevant location. The unloading of deliveries and packages at Buyer’s premises is the responsibility of the Buyer.
DELIVERY AND ACCEPTANCE OF GOODS. (a) The Supplier must deliver the Goods to the Goods Delivery Location on the Goods Date for Delivery.
(b) The Supplier must ensure that the Goods are suitably packed to avoid damage in transit or in storage.
(c) The Supplier must allow the Principal or a representative of the Principal, at all reasonable times, to inspect, examine, review and witness tests of the Goods, or the performance of the Goods and to carry out site inspections at the Supplier's premises.
(d) If the Principal determines that the Goods do not meet the Goods Delivery Requirements, the Principal may issue a notice to the Supplier within 20 Business Days of delivery stating the reasons why the Goods do not meet the Goods Delivery Requirements (Goods Non-Acceptance Notice).
(e) If the Supplier receives a Goods Non-Acceptance Notice, the Supplier must, at its cost (including costs of collection and redelivery if applicable), promptly rectify or replace the Goods so that the Goods Delivery Requirements are met. The Principal has no liability to pay for Goods that are subject to a Goods Non- Acceptance Notice.
(f) Acceptance of the Goods by the Principal does not constitute approval of the Goods or prejudice any claim the Principal may have in connection with the Goods.
DELIVERY AND ACCEPTANCE OF GOODS. A. All delivery dates are only estimates, and the time of delivery shall not be regarded as a precise deadline. Deadlines for the delivery of Goods and/or Services are only binding if specified in Seller's written confirmation of Contract. Any deadlines specified other than within such confirmation (and particularly in the Materials or proposals to enter into a contract submitted by Seller) shall not be binding. Seller is under no obligation to compensate Buyer for any damage or in any other way for the non-delivery or late delivery of Goods, Services or part thereof for any reason or in relation to any direct or indirect losses.
B. If Seller is unable to deliver all or part of the Goods and/or Services within the deadline specified in clause 3A sentence two, for any reason for any reason which is beyond the reasonable control of Seller, including any delays directly or indirectly due to (or arising from government restrictions in relation to) Brexit, the Covid-19 pandemic, force majeure (per clause 11A), a random occurrence (an unforeseeable event which cannot be avoided even with the greatest diligence, including an occurrence caused by human action or negligence), lack of availability of Goods and/or Services or a temporary inability to supply, for which Buyer or external subcontractors are at fault, the delivery deadline shall be postponed by a period equal to the period of the occurrence of such cause. If this condition applies, Seller shall deliver and Buyer shall take and pay for such part of the Goods and/or Services as Seller is able to deliver in accordance with the Contract after the cause or force majeure event has passed.
C. Seller has the right to deliver Goods and/or Services at its discretion in whole or in part (including batches) and in accordance with the Goods and/or Services Specifications it has defined (including in relation to their type and/or quantity), unless the parties explicitly agree otherwise. In each case of part-delivery (including delivery in batches), each part/batch of the delivery shall be deemed performance under the Contract with regard to that delivery and settled and that part invoiced individually, and the cancellation of a shipment or batch of the delivery shall not invalidate contracts relating to other shipments and batches of the delivery and shall not affect it.
D. Goods or any part/batch thereof shall be delivered under Incoterms "ex works", unless stated otherwise in the written Contract confirmation issued...
DELIVERY AND ACCEPTANCE OF GOODS. 7.1 The Supplier shall deliver the Goods on the date specified in the Purchase Order or, if no such date is specified, within 28 days of the date of the Purchase Order. Time is of the essence as to the delivery of the Goods under the Contract. If any delivery specified in the Purchase Order cannot be met, the University may:
a) cancel the Contract in whole or in part without liability to the University;
b) refuse to accept any subsequent delivery of items comprised in the Goods which the Supplier attempts to make;
c) purchase substitute items elsewhere; and
d) hold the Supplier accountable for any loss and additional costs incurred.
7.2 The Goods shall be properly packed and secured in such manner as to enable it to reach its destination in good condition. No charge shall be made for wrapping, packing, cartons, boxes, crating or containers unless specified in the Purchase Order, and the University shall not be responsible for returning any such materials.
7.3 The Goods shall be delivered by the Supplier carriage free to the place of delivery specified in the Purchase Order, or as otherwise specified by the University by means of advice notes quoting the University's order number. The Goods shall be received at the place of delivery, subject to the University's inspection and approval. Any Goods which the University rejects as not conforming with the Purchase Order shall be returned at the Supplier´s risk and expense.
7.4 The University shall not be deemed to have accepted the Goods until it has had 21 days to inspect then after delivery. The University may also reject the Goods as though they had not been accepted for 3 months after any latent defect in the Goods has become apparent.
DELIVERY AND ACCEPTANCE OF GOODS. Delivery dates refer to the time when it is estimated that the goods will be ready for shipment at the point of delivery and are contingent upon fulfillment by Buyer of its obligations hereunder, in particular the punctual receipt by Seller of all payments therefore due. Partial deliveries by Seller shall be permitted. When the goods or any part thereof are ready for delivery and the contemplated delivery cannot be made for any cause referred to in Section 7, Seller may store such goods at Buyer’s expense, including demurrage, preparation for storage, storage charges, insurance and handling, such costs shall be payable by Buyer upon submission of invoices therefore. Seller shall deliver such goods when conditions permit and upon payment by Buyer of all amounts due. The goods shall be installed by and at the risk and expense of Buyer. Any assistance by Seller or its representatives in the installation of the goods shall be provided only in accordance with such separate terms as may be agreed upon in writing. Buyer shall inform Xxxxxx in writing of any defect in the goods or any failure to meet contract specifications within 10 days after the goods are put into service, but not more than 30 days after delivery to Buyer. Risk of loss of the goods shall pass to Buyer upon Seller’s delivery or tender of delivery of the goods at the specified point of delivery or, if delivery is delayed pursuant to Section 5 or Section 7, upon movement of the goods to storage.
DELIVERY AND ACCEPTANCE OF GOODS. 1. The obligation to transport the goods to the Buyer shall be borne by the seller, unless the Parties have agreed otherwise in the manner provided for the amendment of the contract. The risk of accidental loss or damage to the goods shall be borne by the Seller until the goods are collected by the Buyer.
2. The proof of release of the goods should be the proof of the warehouse release WZ.
3. The Seller declares that he has a valid balance verification certificate on which he has weighed the goods delivered to the Buyer
4. If at the place of receipt of the goods by the Buyer, the weight of the Seller with the certificate referred to in paragraph 3 is not available, the weight of the goods is the weight determined by the Buyer on the basis of weighing on the Buyer's device.
DELIVERY AND ACCEPTANCE OF GOODS. 5.1 Prodávající se zavazuje, že dodávka bude dodána řádně a včas, v ujednaném množství, jakosti (kvalitě) a v provedení dle požadavku Kupujícího dle této Smlouvy, příp. konkrétní objednávky, jinak v souladu s požadavky dle obecně závazných právních předpisů.
5.1 The Seller undertakes that the goods shall be delivered properly and on time, in the agreed quantity, quality and in the design as required by the Purchaser, pursuant to this Agreement or a specific purchase order, otherwise in accordance with the requirements under generally binding legal regulations.
5.2 Předání a převzetí zboží v místě plnění se uskuteční v pracovních dnech mezi 7:30 – 15:00 hod. Prodávající ručí za dodržení přepravních podmínek po dobu přepravy ke Kupujícímu tak, aby nebylo zboží znehodnoceno. Zboží bude dopraveno do místa plnění na vlastní náklady a nebezpečí Prodávajícího. Prodávající je podle této Smlouvy povinen zboží zabalit nebo opatřit pro přepravu způsobem, který je obvyklý pro takové zboží v obchodním styku, popř. k uchování a jeho ochraně.
5.2 Delivery and acceptance of the goods at the place of performance shall take place on working days between 7:30 a.m. – 15:00 p.m. The Seller shall be liable for compliance with the conditions of transport during the period of transport to the Purchaser so that the goods are not devalued. The goods shall be transported to the place of performance at the Seller's own expense and risk. Under this Agreement, the Seller shall pack or provide the goods for carriage in a manner customary for such goods in the course of trade, and to preserve and protect them.
5.3 Kupující je oprávněn odmítnout převzetí zboží:
DELIVERY AND ACCEPTANCE OF GOODS. 6.1. The Goods are considered delivered by the Sellers and accepted by the Buyers: - in respect of gross weight and number place - according to the waybill; - in respect of net weight and other specified units - according to the Shipping Specifications or Packing List respectively; - in respect of quality and quantity - according to Quality Certificate.
