Delivery and Risk Sample Clauses

Delivery and Risk. 7.1 Unless otherwise stated in the Order, the price quoted includes delivery to the address specified in the Order.

Delivery and Risk. (a) Supplier will deliver the Products and/or Services in accordance with the delivery dates specified in the Contract. The delivery terms for the Products shall be EXW (Incoterms 2010) Supplier's warehouse or as otherwise specified in the Contract. Risk in the Products shall pass to Customer upon delivery. (b) All dates and times specified to Customer for delivery and installation of the Products or the provision of Services are estimates only and the time of delivery is not of the essence. Supplier shall not have any liability for delay or for any damages or losses sustained by Customer as a result of such dates or times not being met. Customer shall not be entitled to refuse acceptance of the Products or Services as a consequence of such delay. (c) Supplier reserves the right to make deliveries in instalments. Delay or other default in relation to a particular instalment shall not entitle Customer to cancel any other instalment nor to relieve Customer of its obligations to accept delivery and pay for other instalments. (d) Supplier may in its absolute discretion withhold delivery of the Products and/or supply of the Services pending payment of any sum due from Customer to Supplier. (e) Customer shall inspect the Products immediately upon delivery or collection, and Customer shall notify Supplier in writing of any matter or thing by reason of which Customer states that the Products are not in accordance with the contract. If Customer fails to give such notice within ten (10) days, it shall be conclusively presumed that Customer has accepted the Products and that the Products are in accordance with the contract, and Customer shall have no right to reject the Products. (f) Customer must make all claims for shipment shortages to Supplier in writing within ten (10) days of the date of delivery. (g) If Customer does not accept delivery of a consignment of Products in accordance with the Contract: (i) Supplier shall be entitled to claim payment in accordance with clause 11 for the Products refused; and (ii) the Products refused shall be in all respects at Customer's risk; and (iii) the cost of storing the Products shall be borne by Customer.

Delivery and Risk. 6.1. Unless otherwise agreed in writing by Ingredion, delivery is at the Ingredion’s nominated store. All freight from Ingredion’s premises to the Buyer is at the Buyer’s expense. If Ingredion arranges the carriage of the goods for delivery to the Buyer, Ingredion will be deemed to contract as agent for the Buyer, and the Buyer will bear all risks with respect to the goods during carriage and will likewise be responsible for effecting any insurance of the goods during carriage. Ingredion may charge a reasonable handling fee for all orders delivered to the Buyer. The Buyer indemnifies Ingredion for the cost of all transport arranged by Ingredion on the Buyer’s behalf. 6.2. Buyer must furnish complete shipping instructions for each delivery of Goods in sufficient time to enable Ingredion to perform its obligations under this Agreement. Ingredion is not obligated to make shipment in absence thereof. In the absence of such information, the destination routing of shipments and any other shipping instructions will be at Ingredion’s option where, pursuant to clause 6.1, Ingredion arranges delivery as agent of the Buyer. 6.3. Risk of damage to, or loss of, the Goods passes immediately on the earlier of delivery to the Buyer or into the Buyer’s custody, including its carrier or forwarder at the time of delivery. 6.4. Buyer must examine the Goods on delivery and notify Ingredion of any defect which is reasonably apparent within seven (7) days of delivery. Where Buyer discovers a defect which is not reasonably apparent, Buyer must stop using the Goods immediately and notify Ingredion within seven (7) days. 6.5. Buyer must provide all necessary assistance to allow Ingredion to investigate such defects. Buyer must in all cases perform quality control checks on all Goods and if requested provide Ingredion with a copy the quality control report. 6.6. If the Buyer fails to notify a claim in accordance with clause 6.4 then, to the extent permitted by law, the Goods are deemed to have been accepted by the Buyer and the Buyer must pay for the goods or services in accordance with these terms and conditions. 6.7. Buyer agrees that the Goods are acquired for the purpose of resale or using them up or transforming them in the manufacture of another product.

Delivery and Risk. 5.1 Any times for delivery are estimates only and although the Seller will use all reasonable efforts to deliver the Products in accordance with the times specified, time is not of the essence. 5.2 The risk in the Products shall pass to the Buyer on delivery of the Products to the Buyer by the Seller. 5.3 The Buyer shall examine the Products upon delivery and notify the Seller within 3 working days after the delivery in the event of any damage or non-conformance of the Products. The Products and/or Services shall be deemed to be of satisfactory quality, without defect and accepted if the Buyer fails to examine the Products in accordance with this clause.

Delivery and Risk. 10.1 Unless otherwise agreed, the Company shall deliver Goods to the Purchaser as follows: a) The Company reserves the right to arrange transport by any means in its absolute discretion; b) Delivery will be made during Working Hours to the location agreed by the parties (“Delivery Point”); c) The Company or its transport contractor will deliver the Goods so close (“Drop Spot”) to the Delivery Point as, in the opinion of the Company or its transport contractor, it is safe or prudent to do so and delivery occurs and risk in the Goods passes to the Purchaser when the Company’s or its transport contractor’s delivery vehicle arrives at the Drop Spot; d) The Company reserves the right to charge the Purchaser any costs which it incurs as a result of any delay by the Purchaser in unloading the Goods or where unloading of the goods cannot be effected, including, if applicable, a return delivery fee at the prevailing freight rates; e) The unloading of Goods at a Drop Spot is the Purchaser’s responsibility at its own cost and risk but the Company or its transport contractor may, without liability to the Purchaser, unload the Goods at the Drop Spot if the Purchaser requests the Company to do so or is absent from the Drop Spot at the time the Company or its transport contractor wishes to unload and, subject to the rights of Consumers set out in clause 18.2, the Purchaser releases and forever discharges the Company and its transport contractor from and against any claim, cause of action or liability arising out of the unloading of Goods at the Drop Spot; f) Where the Purchaser attends the Company’s premises to acquire the Goods, the Company may, in its absolute discretion: i. Deliver the Goods into or onto the Purchaser’s vehicle in which case risk in the Goods passes to the Purchaser and delivery is effected when the Goods are set down in or on the Purchaser’s vehicle; or ii. Deliver the Goods by setting them down alongside the Purchaser’s vehicle in which case risk in the Goods passes to the Purchaser and delivery is effected when the Goods are set down alongside the Purchaser’s vehicle notwithstanding that the Company’s staff may, on request, assist the Purchaser to load the Goods into or onto the Purchaser’s vehicle. 10.2 Goods ordered for collection will be held for a maximum period of six (6) weeks and the balance of the invoice price must be paid in full before collection. If the Goods are not collected by that time, they may be delivered to (at the Company’s opt...

Delivery and Risk. 7.1 Unless otherwise agreed, the Buyer shall be responsible for the cost of and arranging transportation of the Goods. 7.2 Where the Seller has agreed to deliver the Goods to the Buyer, the delivery costs will be payable by the Buyer at the prevailing rate on the date the Goods are ordered. The Seller shall use reasonable endeavours to ensure that delivery of the Goods is made according to schedule, but shall not be responsible for delivery delays due to causes beyond the Seller’s control. 7.3 Risk in respect of the Goods shall pass to the Buyer when the Goods are delivered to the Buyer or its carrier, or at the time the Buyer pays for the Goods, whichever is the earlier. 7.4 It is the Buyer’s responsibility to insure the Goods while in transit, even if the Seller has arranged transportation of the Goods.

Delivery and Risk. 9.1 The COMPANY does not warrant that the vehicle will be available to the HIRER at any stipulated or prearranged hour or date and the HIRER shall have no claims for loss, inconvenience or damage arising from any late delivery. The HIRER hereby indemnifies the COMPANY against all claims instituted by third parties which emanate from such late delivery; 9.2 The COMPANY shall not be obliged to place another vehicle at the disposal of the HIRER in the event of the vehicle being damaged, stolen or rendered unfit for use. 9.3 Notwithstanding that the vehicle is driven by a driver employed by the COMPANY, all risks and responsibilities in regard to the operation of the vehicle are transferred to the HIRER on commencement of the contract period and shall remain in effect until the vehicle is returned to the COMPANY; 9.4 The HIRER hereby acknowledges that the vehicle was delivered to him by the COMPANY: 9.4.1 In good order and repair with all its accessories and appurtenances in working order, and in a roadworthy condition; and 9.4.2 With its radiator, oil reservoirs, and petrol tank properly filled, and the HIRER undertakes that until the vehicle is returned to the COMPANY he will maintain, at his own expense, a sufficient quantity of water and oil in the engine of the vehicle; 9.4.3 Complete with spare wheel, xxxx, wheel brace and triangles. 9.5 The HIRER indemnifies and holds the COMPANY harmless against all claims of whatsoever nature and howsoever arising which may be made against the COMPANY resulting from the use of the vehicle or the manner in which it is driven while it is in the possession of the HIRER, including claims which may be attributable to acts or omissions of the COMPANY its employees, agents or servants. 9.6 The HIRER hereby absolves the COMPANY from any liability arising from the malfunctioning of the vehicle.

Delivery and Risk. (1) Any time or date for the delivery of Goods given by the Company shall be taken as an estimate made by the Company in good faith but shall not be binding upon the Company either as a term of the Contract or otherwise. Time for despatch or delivery shall not be of the essence unless previously agreed in writing by a duly authorised representative of the Company. In no circumstances shall the Company be liable for any loss or damage sustained by the Customer in consequence of failure to despatch or deliver within such time or by such date or in consequence of any other delay in despatch or delivery however caused. (2) If the Customer collects the Goods delivery shall be deemed to be made at the Company's Premises and the risk in the Goods shall pass to the Customer upon the Goods being loaded on to the delivery vehicle(s) at the Company's Premises. (3) If the Company agrees to deliver the Goods: (a) delivery shall be made to the address stated on the order or any other address accepted by the Company ("Delivery Address"); (b) the Customer shall provide the Company with safe and adequate access to the Delivery Address for delivery of the Goods; (c) the Company shall be entitled to deliver the Goods to any person whom the Company reasonably believes has authority to accept delivery on behalf of the Customer; and (d) the risk in the Goods shall pass to the Customer upon the Goods being unloaded at the Delivery Address. (4) If the Company agrees to deliver the Goods and delivers the Goods in bulk containers: (a) the Customer shall clearly indicate to the carrier effecting delivery the correct location silo or xxxxxx into which the Goods are to be discharged or otherwise delivered. The Company shall not be liable for any losses damages costs or expenses if through no fault of the Company delivery is made to the wrong location silo or xxxxxx; (b) where the Company fails to deliver the Goods for any reason other than any cause beyond the Company's reasonable control or the Customer's fault and the Company is accordingly liable to the Customer the Company's liability shall be limited to the excess (if any) of the cost to the Customer (in the cheapest available market) of similar goods to replace those not delivered over the price of the Goods; (c) in the event of persistent failure by the Company to deliver pursuant to calls-off under the Contract the Customer shall be entitled to terminate the Contract on 3 days' written notice to the Company but shall have no o...

Delivery and Risk. 4.1 Risk in respect of the Product shall pass to the Purchaser on delivery. 4.2 Ownership in respect of the Product shall pass from Flash Solvents to the Purchaser when the purchase price has been paid in full. 4.3 In the event that the Purchaser fails or neglects to pay the purchase price on the due date, Flash Solvents shall have the option at its absolute discretion to recover the Product and claim costs and any other damage incurred, and or to take legal action for the collection of the purchase price and/or any other damages. In the event that such product is delivered into equipment which is the property of the Purchaser, the parties agree that although the Purchaser’s and Flash Solvents’ Product may have become mixed in the equipment, the Product withdrawn by Flash Solvents in terms of this clause up to the quantity by Flash Solvents will be regarded as the sole property of Flash Solvent. 4.4 Flash Solvents will endeavor to dispatch the Products with due promptitude, and within the time indicated. 4.5 Flash Solvents may execute the Agreement in installments, in which case all terms and conditions that apply to the Agreement as a whole shall apply to each portion of the Agreement fulfilled. 4.6 Should Flash Solvents be prevented from effecting delivery of the Product or any part thereof by reason of any cause whatsoever beyond the control of Flash Solvents; the time for delivery shall be extended until a reasonable time after the operation of the cause has ceased. 4.7 Flash Solvents shall not be liable for any loss or damage that may occur as a result of the delays referred to in clause 4.4& 4.6. 4.8 The Purchaser shall inspect the Product after the Products have been delivered and shall within 14 days give notice to Flash Solvents of any shortages or defects therein. If the Purchaser notifies Flash Solvents as such, then such notice shall be accompanied by an affidavit from an independent expert supporting such claim and setting out in detail the basis of such allegation. 4.9 Should the Purchaser fail to give such notice, the Products shall conclusively presume to be in all respect in accordance with the Agreement and free from any defect. No allegations of non- compliance received after the period referred to in 4.8 will be entertained. 4.10 In the event that Flash Solvents is satisfied that the Products are not in accordance with the Agreement or are so defective, Flash Solvents may elect to replace such quantity of Product which does not conform ...

Delivery and Risk. 5.1. Time for delivery will start to run from the time that SPP is in receipt of full and sufficient information from the Purchaser to enable SPP to proceed with uninterrupted manufacture of the Goods. Delivery dates are estimates only and time for delivery shall not be of the essence of the Contract nor shall it be made of the essence by notice. SPP shall advise the Purchaser promptly of any change in the delivery time from that which was included in SPP’s quotation or order acknowledgement 5.2. SPP shall not be liable for any direct or consequential loss to the Purchaser which results from delayed delivery of the Goods nor shall the Purchaser be entitled to terminate or rescind the Contract on the grounds of delayed delivery. In the absence of any other agreed contract conditions relating to delivery liquidated damages shall apply at the rate of 0.25% of the undelivered portion of the Contract value for each week of delay beyond 30 days up to a maximum of 5%. 5.3. Delivery terms and the passing of risk shall be as stated in the Contract. If delivery terms are not stated in the Contract the delivery terms and the passing of risk shall be in accordance with Incoterms 2020 EXW (domestic contracts) or FCA (export contracts) based on the SPP premises manufacturing the Goods. 5.4. At SPP’s option the Goods may be provided in part shipments. 5.5. Where SPP is responsible for delivery of the Goods SPP shall promptly give the Purchaser notice that the Goods have been dispatched along with an expected delivery date. If the Goods are not received then the Purchaser shall advise SPP within 5 days of the expected delivery date. If Goods are received in a damaged condition the Purchaser shall so advise SPP in writing within 72 hours of receipt. In the absence of such advice the Goods shall be deemed to have been received in good condition. 5.6. If the Goods are ready for despatch or collection and the Purchaser requires despatch or collection to be delayed SPP shall be entitled to payment for the Goods pursuant to clause 9 plus reimbursement of storage costs. Risk transfers at this point. 5.7. If the Contract includes a requirement for SPP to submit documents for approval by the Purchaser then the Purchaser undertakes to respond to such submissions within three days. SPP reserve the right to extend delivery and or apply prolongation charges in the event that the Purchaser takes more than 2 weeks to respond to each submission or re-submission of documents or drawings f...