Common use of Delivery and Collection Clause in Contracts

Delivery and Collection. 7.1 Where delivery of the Products is to be made by the Customer collecting the Products at Xxxxxx'x premises the Customer shall agree the date and time of collection with Xxxxxx'x sales office at least 48 hours before collection. 7.2 Subject to paragraph 7.1 any dates quoted for delivery for Products are approximate only and Henkel shall not be liable for any delay in delivery of the Products. The Customer may not cancel a Contract by reason of such delay unless Henkel acknowledges in writing that the delay is unreasonable. Time for delivery is not of the essence. The Products may be delivered by Henkel in advance of any quoted delivery date upon giving reasonable notice to the Customer. 7.3 Henkel may deliver up to 10% more or 10% less than the quantity ordered and the quantity delivered shall be deemed to be the quantity ordered and the invoice price shall be adjusted pro rata. 7.4 The Customer shall ensure that vehicles and employees of Henkel or Xxxxxx'x carrier are given free and unhindered access to an appropriate entrance at the address for delivery of the Products. 7.5 The Customer shall arrange for the Products to be unloaded promptly at the delivery point at its own cost and the Customer shall be responsible for any delay or damage to the Products during unloading. 7.6 Henkel may charge the Customer for Products which the Customer fails to accept when delivery of the Products is duly tendered by Henkel. 7.7 The quantity of Products as determined by Henkel on dispatch shall be conclusive in determining the quantity supplied. 7.8 If the Customer fails to collect or take delivery of the Products or fails to give Henkel adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Xxxxxx'x fault) then without prejudice to any other right or remedy available to Henkel it may: 7.8.1 store the Products until actual delivery and charge the Customer its costs (including insurance) of storage; and/or 7.8.2 sell the Product at the best price readily obtainable and charge the Customer for any shortfall below the price under the Contract. 7.9 Henkel shall not be liable (whether in contract tort or otherwise) under or in connection with the Contract: 7.9.1 for non-delivery unless written notice of the Customer's claim is received by Henkel within 21 days of the date of Xxxxxx'x invoice; or 7.9.2 for claims arising out of any loss or damage to the Products in transit unless the Customer notifies the carrier and Henkel in writing within 3 days of delivery.

Delivery and Collection. 7.1 Where delivery of the Products is to be made by the Customer collecting the Products at Xxxxxx'x premises the Customer shall agree the date and time of collection with Xxxxxx'x sales office at least 48 hours before collection. 7.2 Subject to paragraph 7.1 any dates quoted for delivery for Products are approximate only and Henkel shall not be liable for any delay in delivery of the Products. The Customer may not cancel a Contract by reason of such delay unless Henkel acknowledges in writing that the delay is unreasonable. Time for delivery is not of the essence. The Products may be delivered by Henkel in advance of any quoted delivery date upon giving reasonable notice to the Customer. 7.3 Henkel may deliver up to 10% more or 10% less than the quantity ordered and the quantity delivered shall be deemed to be the quantity ordered and the invoice price shall be adjusted pro rata. 7.4 The Customer shall ensure that vehicles and employees of Henkel or Xxxxxx'x carrier are given free and unhindered access to an appropriate entrance at the address for delivery of the Products. 7.5 The Customer shall arrange for the Products to be unloaded promptly at the delivery point at its own cost and the Customer shall be responsible for any delay or damage to the Products during unloading. 7.6 Henkel may charge the Customer for Products which the Customer fails to accept when delivery of the Products is duly tendered by Henkel. 7.7 The quantity of Products as determined by Henkel on dispatch shall be conclusive in determining the quantity supplied. 7.8 If the Customer fails to collect or take delivery of the Products or fails to give Henkel adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Xxxxxx'x fault) then without prejudice to any other right or remedy available to Henkel it may: 7.8.1 store the Products until actual delivery and charge the Customer its costs (including insurance) of storage; and/or 7.8.2 terminate the Contract according to Clause 18.1.2 and sell the Product at the best price readily obtainable and charge the Customer for any shortfall below the price under the Contract. 7.9 Henkel shall not be liable (whether in contract tort or otherwise) under or in connection with the Contract: 7.9.1 for non-delivery unless written notice of the Customer's claim is received by Henkel within 21 days of the date of Xxxxxx'x invoice; or 7.9.2 for claims arising out of any loss or damage to the Products in transit unless the Customer notifies the carrier and Henkel in writing within 3 days of delivery.

Delivery and Collection. 7.1 Where delivery of the Products is to be made by the Customer collecting the Products at Xxxxxx'x premises the Customer shall agree the date and time of collection with Xxxxxx'x sales office at least 48 hours before collection. 7.2 Subject to paragraph 7.1 any dates quoted for delivery for Products are approximate only and Henkel shall not be liable for any delay in delivery of the Products. The Customer may not cancel a Contract by reason of such delay unless Henkel acknowledges in writing that the delay is unreasonable. Time for delivery is not of the essence. The Products may be delivered by Henkel in advance of any quoted delivery date upon giving reasonable notice to the Customer. 7.3 Henkel may deliver up to 10% more or 10% less than the quantity ordered and the quantity delivered shall be deemed to be the quantity ordered and the invoice price shall be adjusted pro rata. 7.4 The Customer shall ensure that vehicles and employees of Henkel or Xxxxxx'x carrier are given free and unhindered access to an appropriate entrance at the address for delivery of the Products. 7.5 The Customer shall arrange for the Products to be unloaded promptly at the delivery point at its own cost and the Customer shall be responsible for any delay or damage to the Products during unloading. 7.6 Henkel may charge the Customer for Products which the Customer fails to accept when delivery of the Products is duly tendered by Henkel. 7.7 The quantity of Products as determined by Henkel on dispatch shall be conclusive in determining the quantity supplied. 7.8 If the Customer fails to collect or take delivery of the Products or fails to give Henkel adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Customer's reasonable control or by reason of Xxxxxx'x fault) then without prejudice to any other right or remedy available to Henkel it may: 7.8.1 store the Products until actual delivery and charge the Customer its costs (including insurance) of storage; and/or 7.8.2 terminate the Contract according to Clause 8.1.2 and sell the Product at the best price readily obtainable and charge the Customer for any shortfall below the price under the Contract. 7.9 Henkel shall not be liable (whether in contract tort or otherwise) under or in connection with the Contract: 7.9.1 for non-delivery unless written notice of the Customer's claim is received by Henkel within 21 days of the date of Xxxxxx'x invoice; or 7.9.2 for claims arising out of any loss or damage to the Products in transit unless the Customer notifies the carrier and Henkel in writing within 3 days of delivery.