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. 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. 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. 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. (1) The delivery of the rental object shall take place FCA at the shipping location, ICC Incoterms 2010.
(2) If the Lessee does not collect the rental object on the agreed delivery date, it is obliged to pay reservation rent that corresponds to the agreed rental prices. If the rental object is not picked up within 7 days after the agreed delivery date, we are entitled to terminate the contract with immediate effect. In this case, claims of the Lessee for damages are excluded.
(3) Delivery takes place only after all securities pursuant to § 5 have been provided by the Lessee and all payments due prior to delivery have been made. If the Lessee fails to fulfil these obligations in time, § 7 (2) applies accordingly.
Delivery and transport. 5.1 Delivery must take place at the location and time indicated by Scheuten, in accordance with the most recent version of the Incoterm DDP (Delivery Duty Paid), unless otherwise agreed in writing.
5.2 The delivery period commences at the moment the Agreement is concluded as referred to in article 3.1 and serves as a final deadline. Exceeding the delivery period means that the Other Party is in default without notice of default being required, and Scheuten shall be entitled to terminate the Agreement and/or claim compensation.
5.3 As soon as the Other Party becomes aware, or at least reasonably should know, that the delivery period included in the Agreement will not be achieved, or will not be achieved in time or in a satisfactory manner, the Other Party shall be obliged to immediately inform Scheuten of this in writing.
5.4 The Other Party shall not be entitled to make partial deliveries, unless agreed otherwise in writing. If the performance of partial deliveries has been agreed upon, for the purposes of these General Purchase Conditions, delivery shall also include partial deliveries.
5.5 The receipt of the products and/or the provision of services at the delivery location is the determining factor for compliance with the delivery period. The delivery period shall only be deemed to have complied with if, on the basis of the Agreement, all deliveries have been made in time and in full, including delivery of any associated resources, including but not limited to documentation, quality and guarantee certificates. Timely or correct delivery does not affect the fact that the products and/or services delivered may still be rejected by Scheuten in accordance with article 6, or that Scheuten exercises its rights by virtue of, inter alia, a shortcoming on the part of the Other Party.
5.6 The Other Party is obliged to ensure proper packaging, security, and proper transport in accordance with all applicable regulations. Breakage and/or damage caused by loading, transport and/or unloading shall be at the expense of the Other Party, even if the breakage and/or damage is discovered by Scheuten at a later stage.
5.7 If Scheuten requests the Other Party to defer the delivery, the Other Party shall be obliged to store, secure and insure the products to be delivered properly packed and recognisably destined for Scheuten.
5.8 The Other Party shall not be entitled to suspend its delivery obligations if Scheuten fails to fulfil one or more of its obligations.
Delivery and transport. 6.1. Unless otherwise agreed, goods are delivered by CLARAPLAST under the incoterm EXW: CLARAPLAST makes goods available for collection at its plant/warehouse. Unless otherwise agreed, collection must take place within seven (7) days of CLARAPLAST inviting the Customer to do so. The Customer must arrange for transport at his own risk and expense.
6.2. If the Customer fails to collect the goods ordered within the timeframe stated above, CLARAPLAST has the right to invoice the goods and demand payment for them. In addition, if collection of the goods is delayed, the Customer will be charged a storage cost estimated at 15 euros per tonne per month started.
6.3. The Customer must check whether the transport and delivery are permitted under the relevant legislation, including that of the Customer's registered office and of the place of destination. If transport or delivery cannot take place, this does not release the Customer from his obligations to CLARAPLAST, including payment of invoices.
Delivery and transport. 3.1 Unless otherwise agreed, Products shall be delivered Ex Works (EX WORKS, Incoterms 2010).
3.2 The delivery term indicated by the Supplier in the Order confirmation must be understood as reference purposes. Therefore, the Supplier shall not, under any circumstance, be considered responsible for non-compliance with the Order’s terms.
3.3 Under no circumstance, shall the Supplier be held responsible for delays or failure to deliver due to circumstances beyond its control, such as, by way of example:
a) inadequate technical data or inaccuracies or delays from the Buyer in providing the Supplier with information or data necessary to ship the Products;
b) difficulty in procuring raw material supplies;
c) problems related to production or order planning;
d) partial or total strikes, power black-out, natural disasters, measures imposed by public authorities, transport challenges, force majeure, social unrest, terrorist attacks and any other other unforeseen events;
e) delays attributable to the shipper.
3.4 The occurrence of any aforementioned events shall not entitle the Buyer to seek compensation for any damage or indemnification of any kind.
3.5 It is the Buyer’s responsibility to instruct the carrier to check the Products before loading and the relative number of packages; any remarks pertaining to package integrity and quantity must be raised by the carrier at the time of loading. These comments must be detailed on all copies of the transport documents; otherwise all loaded Products are understood to be intact and complete. As a result, the Supplier shall not be liable concerning missing or damaged Products that may not have been reported by the carrier.
3.6 The Buyer shall also instruct the carrier to check methods used to ensure load stability in the vehicle in order to prevent damage in transit, and that all safety regulations concerning road traffic are complied with.
3.7 Except as otherwise agreed in writing between the Parties, the Products shall be transported at the Buyer’s expense and risk. In the event that transportation falls under the Supplier’s purview, the Supplier is entitled to choose means of transport he deems most appropriate, lacking specific instructions from the Buyer.
Delivery and transport. (a) Unless agreed otherwise, CBGA shall organize delivery (either personally or by courier acting for CBGA) to Site within the metro area of Broome; and, the Client shall be responsible for delivery to any other Site.