Common use of Delivery and Performance Clause in Contracts

Delivery and Performance. 9.1 Delivery of the Goods shall be made by the Supplier delivering the Goods to the place in the United Kingdom specified in the quotation/specification schedule/accepted order or, if no place of delivery is so specified, by the Customer collecting the Goods at the Supplier’s premises at any time after the Supplier has notified the Customer that the Goods are ready for collection. 9.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer. 9.3 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provisions of sub-Clause 10.1 risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure. 9.4 With effect from the Commencement Date the Supplier shall, in consideration of the price being paid in accordance with these Terms and Conditions and the quotation/specification schedule/accepted order provide the Services expressly identified in the quotation/specification schedule/accepted order.

Appears in 2 contracts

Samples: Standard Terms and Conditions of Sale for Goods and Services, Standard Terms and Conditions of Sale for Goods and Services

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Delivery and Performance. 9.1 Delivery 8.1 Unless otherwise agreed in writing delivery of the Goods shall be made by the Supplier Just Digital delivering the Goods to the place in the United Kingdom specified in the quotation/, specification schedule/schedule or accepted order or, if no place of delivery is so specified, by the Customer collecting the Goods at the SupplierJust Digital’s premises at any time after the Supplier Just Digital has notified the Customer that the Goods are ready for collection. 9.2 8.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier Just Digital in writing. The Goods may be delivered by the Supplier Just Digital in advance of the Delivery Date upon giving reasonable notice to the Customer. 9.3 8.3 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier Just Digital shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provisions of sub-Clause 10.1 risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier Just Digital all costs and expenses including storage and insurance charges arising from such failure. 9.4 8.4 With effect from the Commencement Date the Supplier Just Digital shall, in consideration of the price Contract Price being paid in accordance with these Terms and Conditions and the quotation/, specification schedule/schedule or accepted order provide the Services expressly identified in the quotation/, specification schedule/schedule or accepted order.

Appears in 1 contract

Samples: Standard Terms and Conditions

Delivery and Performance. 9.1 Delivery Any estimated delivery date is approximate only and time shall not be of the Goods essence in relation to such estimate unless previously agreed in writing between the Parties. 9.2 Unless otherwise agreed in writing, the Customer shall be made by the Supplier delivering collect the Goods to the place in the United Kingdom specified in the quotation/specification schedule/accepted order or, if no place of delivery is so specified, by the Customer collecting the Goods at from the Supplier’s premises at any time after within seven days of notification by the Supplier has notified the Customer that the Goods are ready for collection. 9.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer. 9.3 If the Customer fails to take delivery of collect the Goods or any part of them on within seven days of notification, or in the Delivery Date and/or case of delivery by the Supplier, the Customer wrongfully fails to provide any instructions, documents, licences, consents or authorisations required to enable take delivery of the Goods to be delivered on that dateGoods, the Supplier shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and then and, notwithstanding the any other provisions of sub-Clause 10.1 this Contract, risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay forthwith to the Supplier the Contract Price plus all costs and expenses including storage and insurance charges arising from such failure. 9.4 With effect from The Supplier shall be entitled to dispose of the Commencement Date Goods on or after the 60th day of storage of the Goods. The Contract Price plus any additional costs as required by this Contract shall still be payable to the Supplier shall, in consideration by the Customer after the disposal of the price being paid in accordance with these Terms and Conditions and the quotation/specification schedule/accepted order provide the Services expressly identified in the quotation/specification schedule/accepted orderGoods.

Appears in 1 contract

Samples: Sales Contracts

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Delivery and Performance. 9.1 7.1 Delivery of the Goods shall be made by the Supplier delivering the Goods to the place in the United Kingdom specified in the quotation/specification schedule/quotation or accepted order or, if no place of delivery is so specified, by the Customer collecting the Goods at the Supplier’s premises at any time after the Supplier has notified the Customer that the Goods are ready for collection... 9.2 7.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer. 9.3 7.3 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by the Supplier to deliver any one or more of the instalments in accordance with these Terms and Conditions or any claim by the Customer in respect of any one or more instalments shall not entitle the Customer to treat the Contract as a whole as repudiated. 7.4 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provisions of sub-Clause 10.1 risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure. 9.4 7.5 With effect from the Commencement Date the Supplier shall, in consideration of the price being paid in accordance with these Terms and Conditions and the quotation/specification schedule/quotation of accepted order provide the Services expressly identified in the quotation/specification schedule/accepted orderServices.

Appears in 1 contract

Samples: Standard Terms and Conditions

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