Delivery and transport. 1. The agreed delivery periods and delivery dates shall be binding. The supplier shall be in default without any further warning, if the agreed delivery date is not observed.
2. Should any agreed delivery dates not be observed, the statutory provisions shall apply. We are in particular entitled to rescind from the contract and demand damages in lieu of fulfilment damages at the fruitless end of reasonable grace period.
3. In case of non-observance with the delivery dates we are entitled after advance threat to demand a penalty for every commencing week of delayed delivery of 0.5 % up to 5 % of the order value. The penalties must be set-off against any damage for delayed delivery the suppliers is liable for.
4. Partial deliveries shall not be permitted, unless we have expressly consented thereto in text form.
5. Any acceptance without reservation of a delayed delivery or service shall not constitute a waiver of any claims which we may have pursuant to such delayed delivery/service.
6. Prior to the expiry of the delivery period we shall be entitled to refuse acceptance of the goods.
7. Our shipping instructions must be complied with. Any costs incurred by us as a result of any non-compliance with our shipping instructions shall be borne by the supplier.
8. Delivery shall take place at expense of the supplier at the point of delivery stipulated by us. Should we be exceptionally required to bear transport costs, the supplier must elect the mode of transport stipulated by us, and otherwise the mode of transport and method of delivery which are most favorable for us.
9. Risk shall be transferred on the occasion of acceptance by our receiving office.
10. Packaging shall be included in the price. If exceptionally contrary provisions are agreed, packaging shall be invoiced at cost price. The supplier must use the packaging stipulated by us and must ensure that the goods are protected from damage by the packaging.
Delivery and transport. Except for otherwise indicated in the order confirmation, the products are sold Ex Works ThermoKey’s factory. All costs related to the transportation of the products are born by the Client. Upon delivery to the Client, shipper, carrier or to whoever is in charge of the transportation and, in any case, when the products leave ThermoKey’s factory, the liability of whole or partial loss of the products is transferred to the Client. The delivery date is set out in ThermoKey’s order confirmation. Unless agreed in writing, this date is indicative and not binding. If ThermoKey, for reasons not depending by its will, is unable to deliver temporally or permanently the Products because of an event of force majeure and/or Act of God (i.e.: earthquake, strikes, lock-out, lack of means of transportation, authority ordinance, floods, etc.), ThermoKey will promptly inform the Client and will be excused and released from all delivery and indemnification obligations towards the Client, for the entire duration of the period in which the impediment and its effects last. If the Client will not comply with any of the terms and conditions of the supply or sale, even in part, or if it changes its name and/or its ownership, or in case the Client delays payments, even towards other creditors, ThermoKey shall have the right to stop any delivery, even for confirmed orders, and to change the payment terms. In any case, ThermoKey reserves the right to reduce the credit limit, if any, granted to the Client, if the general market conditions change, or new facts and/or circumstances change the actual business condition of ThermoKey. In the order confirmation is indicated if a packaging of the product is provided, and, unless differently indicated, the packaging is standard. Extra packing has to be required previously by the Client and be confirmed in the order confirmation.
Delivery and transport. 1. Delivery is ex works, unless otherwise agreed. On delivery, the risk connected to the products in question, with all that is connected there to, is transferred to the buyer.
2. After consultation with the buyer, the seller will determine the delivery date. Delivery dates indicated are not considered deadlines. If a delivery date is agreed on, the seller will endeavour to maintain that date for delivery in as far as possible. If the seller cannot deliver on the agreed date or within the agreed period, the seller will inform the buyer about this in the timeliest manner possible. Parties will determine a new delivery date in consultation. This new delivery date will then immediately constitute the agreed delivery date.
3. If the buyer receives the ordered products before the agreed delivery date or period as indicated in part 2, the resulting risk is entirely for the buyer.
4. If the buyer receives or wishes to receive the ordered products after the agreed delivery date, the risk of any loss of quality resulting from longer storage will be entirely for the buyer.
5. Any extra costs due to taking earlier or later delivery of the products as referred to in part 3 or 4 of this article will be charged to the buyer.
6. If after a certain storage period that may be considered reasonable in view of the type of product, the buyer has not received the product and the risk of loss of quality and/or spoilage of the products leaves no other option, the order will be deemed to have been cancelled by the buyer. In that case, the buyer is obliged to pay the damage incurred by the seller as a result.
Delivery and transport. 5.1. The agreed delivery time, respectively the time frame, in which the activities have to be carried out, is indicative and shall be deemed not to be fatal, unless otherwise explicitly agreed in writing.
5.2. Delivery of goods shall be delivered at the other party's address, unless explicitly otherwise agreed in writing.
Delivery and transport. Delivery of the goods shall take place in accordance with Incoterms 2010, to the customer's address specified in the agreement/order basis. It is the responsibility of the customer to verify that the 13th Protein Import AB has received the right of delivery address, and other information relevant to delivery so that information on opening hours and/or requirements on the transport requirements (such as tail lift). It is the customer who is responsible for keeping 13th Protein Import AB up to date on customer's data and thus give the 13th Protein Import AB to deliver to the correct address. It is the customer's responsibility to ensure that the 13th Protein Import AB's agents can come up to the door. If 13th Protein Import AB's of Customer prompted reason unable to deliver the goods to the customer, the customer will be charged for the order as if it had been delivered. All deliveries shall be clearly labelled with customer's name. 13th Protein Import AB requires its suppliers concerning shipments of products and only use suppliers who have certificates concerning quality, environment and health. Delivery before the agreed delivery date or partial delivery order may be made if the customer beforehand in writing given his consent thereto.
Delivery and transport. 8.1 Any deliveries and transports from the Sup- plier to Ewellix or to a place of delivery desig- nated by Ewellix shall, unless otherwise agreed, be DAP (INCOTERMS 2020) to the location identified in the Order.
8.2 The Products shall be packed for delivery in accordance with Ewellix’ instructions. In ab- sence of such instruction, the Products shall be packed for delivery in such a way that any damages or deterioration of the Products will not occur during normal transportation.
8.3 The Supplier is obliged to deliver the agreed quantity on the date of delivery specified in the Order. Incomplete delivery is not accepted, except with Ewellix’ prior written consent. Should an incomplete delivery be accepted by Ewellix, the Supplier shall bear any additional transportation costs which may arise due to such incomplete delivery. Upon incomplete delivery the Supplier shall specify the remain- ing quantity in the delivery note and in the in- voice for such incomplete delivery. SW41208305/6
8.4 Should the Supplier deliver a shipment which in quantity is [**] per cent larger than agreed upon or if the shipment arrives before the de- livery date specified in the Order, Ewellix is not obligated to accept such delivery. Nor is Ewellix responsible for the storage or mainte- xxxxx of such Products. Ewellix is entitled to return such shipment to the Supplier at the Supplier’s costs and/or receive compensation from the Supplier for the storage costs in- curred by it.
8.5 If the Supplier can predict that the Products will not be delivered on the date specified in the Order, the Supplier must without delay no- tify Ewellix thereof. The Supplier shall state the reason for the delay and, if possible, the expected date of delivery.
8.6 If a delivery is delayed for more than [**] days, Ewellix has the right to:
(a) wholly or partly cancel the purchase of those Products which are of no use to Ewellix due to the delay; and
(b) replace the Products by means of pur- chase from other suppliers.
8.7 The Supplier shall also indemnify Ewellix for any direct or indirect losses suffered and dam- ages caused by the delayed delivery.
Delivery and transport. 12.1 The equipment must at the time of delivery immediately be checked by the Client on completeness on the basis of the accompanying packing list. After a check on completeness and before the delivering lorry leaves, the packing list must be signed and the Client must record any defects in terms of the completeness on it, failing which the Client forfeits the right to rely on incompleteness.
12.2 If the Client does not report potential defects of the equipment to KLOP in writing within 5 days after receipt by the Client then the equipment is deemed to have been accepted in good order.
12.3 The transport of the equipment from the warehouse of KLOP to the designated location of the Client, including the loading and unloading, shall be at the risk and expense of the Client. Read and agreed: Date:……………………… Name:………………………………Signature:…………………………. 5 Klop Verhuur b.v. industrieterrein Xxxxxx Xxxxxxxxx 00 4131 NH Vianen E xxxx@xxxx.xxx I xxx.xxxx.xxx BTW nr. NL8063.63.563.B01 BIC Code XXXXXX0X IBAN XX00 XXXX 00000 00 000 KvK Utrecht 30142901
Delivery and transport. Once delivery or dispatch has taken place as agreed, the risk is transferred to the customer. The customer is obliged to accept the delivered and installed goods as soon as we have indicated the completion of installation, in writing or verbally. This also applies if delivery and installation are not one single order. Any noticeable defects must immediately be communicated by the customer in writing. With goods that are shipped by post, rail or forwarding agent, the company assumes no liability during transportation. Likewise, the relevant shipping agent, must be informed of any damages immediately, and with evidence. Should the customer not wish to accept the goods, he must immediately inform the company in writing, citing the reasons, otherwise the goods must be accepted. Once the goods delive- red by the company have been put to use, the acceptance is also considered complete. If the goods are not accepted through no fault of the company, the company has the right to invoice for the goods without the costs of installation.
Delivery and transport. (a) In the UK. Unless otherwise agreed in writing the Company reserves the right to charge the Buyer the cost of transportation of the goods to the destination which appears on the Buyer’s order. In all cases the Buyer warrants that in cases where delivery is to be made by Road Transport sufficient and suitable access to the said destination including a road surface capable of withstanding the weight and size of the transport and loads involved is available. In the event of any additional costs or expenses being incurred by the Company due to any breach of such warranty the Buyer shall reimburse the Company the full amount thereof on demand.
(b) Outside the UK. The delivery shall be F.O.B. to such UK point of departure as is mentioned in the Buyer’s order unless otherwise agreed in writing.
(c) Whilst every effort is made to deliver the goods on the dates within the periods mentioned in the Contract such dates or periods shall be deemed to be for information purposes only and shall not form part of the terms and conditions of the Contract unless specifically agreed in writing to be “of the essence of the Contract” and in the absence of such special agreement the Company accepts no liability whatever for any loss or damage of whatsoever nature and howsoever arising which may be suffered by the Buyer as a result of any failure on the part of the Company to deliver goods on or within the dates or periods mentioned in the Contract.
Delivery and transport. 5.1 Both period and sequence of delivery of the contract equipments shall satisfy the requirements of installation progress and sequence of the equipment for engineering construction. They shall be timely and parts & sets shall be complete. Refer to Appendix 6 for delivery time of partial sets.
5.2 Means of transportation and place of delivery
5.2.1 The means of transportation of the contract equipments is highway transportation, and other means of transportation can be adopted in the event of special circumstances without changing the charges
5.2.2 The contract equipments shall be delivered on vehicles on site of the project. Main generator: the appointed generator location on site of the Wind Farm Project (free on truck) Blade: the appointed engine location on site of the Wind Farm Project (free on truck)
5.3 The Seller shall, according to the provisions of Appendix 6 hereto, provide to the Buyer preliminary plan of delivery covering name, gross weight, gross volume and date of delivery of each batch of cargos as well as general list of cargos and general packing list under this Contract within 2 months upon entry into force of the Contract. The Seller shall notify the Buyer of all contents of Paragraph 5.5 hereof 10 days before expected starting shipment of each batch of cargos
5.4 Date of delivery for each batch of contract equipments shall be subject to the actual date on the mate’s receipt, which shall be taken as the basis for calculating liquidated damages for delayed delivery under Paragraph 10.9 hereof.
5.5 The Seller shall, within 72 hours after each batch of cargos are made ready for transport and transport vehicles are dispatched, notify the Buyer of ex-factory date and the following items of the batch of cargos in writing: Contract No.;
