Delivery and Supply Clause Samples
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Delivery and Supply. Deliveries shall be made within the Sellers usual business hours to the Buyers delivery points provided that reasonable advance notice of each delivery has been given by the Seller. Supply of products such as electricity, gas, heating and cooling shall be continuous and as required by the Buyer. The Seller’s failure to deliver Product and the Buyer’s failure to deliver Product, in accordance with the terms and conditions of this Agreement for any reason other than those included in Section 6, Financial Responsibility, and S▇▇▇▇▇▇ ▇▇, ▇▇▇▇▇ ▇▇▇▇▇▇▇, shall constitute a default under this Agreement.
Delivery and Supply. 11.1. Any times quoted for delivery and/or supply of the Products and/or Services are estimates only and Fatboy Pty Ltd will not be liable for failure or delay to delivery/supply by any estimated date.
11.2. The Supplier will use its best reasonable endeavours to meet any estimated dates for delivery of the products and/or services.
Delivery and Supply. 4.1. Any times quoted for delivery and/or supply of the Products are estimates only and the Supplier will not be liable for failure or delay to delivery/supply.
4.2. The Customer will not be relieved of any obligation to accept or pay for Products by reason of any delay in delivery/supply or dispatch.
4.3. The risk of damage and/or loss of any Products will pass to the Customer upon the earlier of dispatch or the Products being available for collection.
4.4. If the Customer is unable or fails to accept delivery of the Products, the Supplier may deliver it to a place of storage nominated by the Customer and, failing such nomination, to a place determined by the Supplier. Such action will be deemed to be delivery to the Customer. The Customer will be liable for all costs, charges and expenses incurred by the Supplier on account of storage, detention, double cartage/ delivery or similar causes.
4.5. The Supplier will arrange for the delivery of the Products to the location specified in the Supplier’s quotation or as otherwise agreed by the parties.
4.6. No order may be cancelled, whether in whole or in part, by the Customer unless the Supplier has first agreed in writing to such cancellation or partial cancellation.
Delivery and Supply. 4.1 We shall not be liable for failure to deliver/supply, or for delay in delivery/supply. If we quote a time for delivery or supply, it’s an estimate only. You will not be relieved of any obligation to accept or pay for Goods because of any failure to delivery or supply. We can stop supply/delivery if you fail to comply with the Terms.
4.2 We may refuse to supply any order in our absolute discretion and may make acceptance of an order conditional upon receiving a satisfactory credit assessment of the Customer.
4.3 If you tell us to deliver the Goods over different times or to different addresses from those specified in the Credit Application, then you:
(1) shall be liable for any additional cost, charge and expense incurred by us in complying with your direction; (2) shall pay for the whole of the invoiced value of the Goods pursuant notwithstanding the staggered deliveries; and (3) such action shall be deemed to be delivery to you.
4.4 You are deemed to accept delivery of the Goods where it is either delivered to your premises or when we notify you that the Goods are available for collection.
4.5 If you are unable or fail to accept delivery of the Goods, we may deliver it to a place of storage nominated by you and, failing such nomination, to a place determined by us. Such action shall be deemed to be delivery to you. You shall be liable for all cost, charge and expense incurred by us on account of storage, detention, double cartage/delivery or similar causes.
4.6 Subject to Clause 4.1, you agree that you will be obliged to and shall pay for the Goods on the due date notwithstanding that delivery is made after the agreed delivery date, and notwithstanding that the Goods may not yet be delivered.
Delivery and Supply. 6.1 Any times quoted for delivery and/or supply are estimates only and Piemonte Imports shall not be liable for failure to deliver/supply, or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for Goods, by reason of any delay in delivery/supply or dispatch. Piemonte Imports reserves the right to stop supply at any time if the Customer fails to comply with the Terms.
6.2 Piemonte Imports may refuse to supply any order by the Customer for Goods in its absolute discretion and may make acceptance of an order conditional upon it receiving a satisfactory credit assessment of the Customer.
6.3 If the Customer directs that delivery of the Goods be staggered over different times or to different addresses from those specified in the Credit Application, then the Customer:
6.3.1 shall be liable for any additional cost, charge and expense incurred by Piemonte Imports in complying with the Customer's direction; and
6.3.2 shall pay for the whole of the invoiced value of the Goods pursuant to Clause 2.1 notwithstanding the staggered deliveries.
6.3.3 Such ac t i on s h al l be d e e m e d to be d e l i v e r y to t h e Customer.
6.4 The Customer is deemed to accept delivery of the Goods where it is either delivered to the Customer's premises or when Piemonte Imports notifies the Customer that the Goods are available for collection.
6.5 If the Customer is unable or fails to accept delivery of the Goods, Piemonte Imports may deliver it to a place of storage nominated by the Customer and, failing such nomination, to a place determined by Piemonte Imports. Such action shall be deemed to be delivery to the Customer. The Customer shall be liable for all cost, charge and expense incurred by Piemonte Imports on account of storage, detention, double cartage/delivery or similar causes.
6.6 The Customer agrees that it will be obliged to and shall pay for the Goods on the due date notwithstanding that delivery is made after the agreed delivery date, and notwithstanding that the Goods may not yet be delivered.
Delivery and Supply. 4.1 Any times quoted for delivery and/or supply are estimates only and Cornerstone shall not be liable for failure to deliver/supply, or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for Goods, by reason of any delay in delivery/supply or dispatch. Cornerstone reserves the right to stop supply at any time if the Customer fails to comply with the Terms.
Delivery and Supply. Unless agreed to otherwise, Products shall be delivered ex works New York, New York (INCOTERMS latest version) as designated and arranged by ▇▇▇▇ free of charge, unless otherwise agreed to in writing. Transport insurance will be arranged by ▇▇▇▇ only if expressly requested and will be on Customer‘s account. ▇▇▇▇ is entitled to arrange for part-shipments or advance delivery. Delivery dates and periods are approximate only, shall not be binding, and are understood to be exclusive of the duration of transport. ▇▇▇▇ shall not be liable for, nor shall ▇▇▇▇ be in breach of its obligations to Customer, for any delivery made within a reasonable period of time before or after the communicated delivery date. ▇▇▇▇ agrees to use commercially reasonable efforts to meet the delivery dates communicated or acknowledged by it on the condition that Customer provides all necessary order and delivery information (i.e. information of measurements and other manufacturing requirements) sufficiently prior to the delivery date. Customer will give ▇▇▇▇ written notice of failure to deliver, and provide ▇▇▇▇ with thirty (30) days within which to cure. If ▇▇▇▇ does not deliver within such thirty (30) day period, Customer‘s sole and exclusive remedy shall be to cancel the affected and undelivered portions of the related Agreement. In such event ▇▇▇▇ will refund or re-credit Customer within thirty (30) days for any sum that has been paid by Customer for the Products. Unless provided for otherwise, title in the Products shall pass to Customer upon delivery and full payment of the purchase price. Until title in the Products has passed to Customer, Customer shall not assimilate, transfer or pledge any of the Products, or grant any right or title in the Products to any third party, except in the event such right or title is granted in normal course of business. Customer shall ensure that the Products remain identifiable as Products obtained from ROLF. In the event ▇▇▇▇‘s supplier for the manufacture of the Products is curtailed for any reason, ▇▇▇▇ shall have the right to arrange for the allocation of available Products, in its sole discretion, among its various customers and as a result may sell and deliver to Customer fewer Products than specified in the Agreement, as the case may be, without being responsible or liable to Customer for any damage resulting therefrom. In the event that Customer deliberately fails to take delivery of the Products (other than by reason of circumstances under...
Delivery and Supply. 4.1. Any times quoted for delivery and/or supply are estimates only and Maton shall not be liable for failure to deliver/supply or for delay in delivery/supply. The Customer shall not be relieved of any obligation to accept or pay for goods by reason of any delay in delivery/supply or dispatch. Maton reserves the right to stop supply at any time if the Customer fails to comply with the Terms.
4.2. The risk of damage, loss or deterioration of any Goods will pass to the Customer upon the earlier of dispatch or from the date of notification by Maton to the Customer that the Goods are available for collection.
Delivery and Supply. 9.1. CreativeLMS Software supplied within the UK will normally be provided within 10 working days of acceptance of order.
9.2. The Supplier will negotiate a suitable ‘on-boarding’ schedule for the Buyer to avail of the service.
9.3. The Supplier shall use its reasonable endeavours to meet any date agreed for supply. In any event time of supply shall not be of the essence and the Supplier shall not be liable for any losses, costs, damages or expenses incurred by the Buyer or any third party arising directly or indirectly out of any failure to meet any estimated supply date.
Delivery and Supply. 8.1 To the extent permissible by law, we shall not be liable for failure to supply the Services, or for delay in supply of the Services. If we quote a time for supply, it’s an estimate only. You will not be relieved of any obligation to accept or pay for our Services because of any failure to supply at the time specified. We can stop supply of the Services, if you fail to comply with these Terms.
8.2 We may refuse to provide our Services in our absolute discretion and may make acceptance of any further Services conditional upon receiving a satisfactory credit assessment from you or any guarantor.
8.3 If you fail or refuse to accept our services in relation to Material (including collecting, removal, carting or disposal of Material) or we are unable to perform such Services and we are not at fault, you must meet all our costs for storing, handling, returning and/or re-delivering the Material.
