DELIVERY BY INSTALMENTS. 8.1 Brenntag shall be entitled to deliver the Goods by instalments. Each instalment shall be treated as if it constituted a separate and distinct contract between Brenntag and the Buyer.
8.2 Any failure, suspension or delay by Brenntag in respect of any part-delivery of the Goods or the discovery of any defect in any of the Goods so delivered shall not entitle the Buyer to cancel the remainder of the Contract and shall not affect the obligations of the Buyer in respect of the remainder of the Goods or the remainder of the Contract.
DELIVERY BY INSTALMENTS. Where the Goods are not delivered to the Purchaser at the due date and time for delivery or have been damaged in transit, the Purchaser may give notice to the Supplier of that fact and may require the Supplier at its expense to deliver substitute Goods or repair the Goods within the timescales specified by the Purchaser.
DELIVERY BY INSTALMENTS. Each delivery or part delivery of any order shall be deemed to be sold under a separate contract. Neither failure on the Seller’s part to make any delivery or part delivery in accordance with the contract for supply nor any claim by the Buyer in respect of such delivery or part delivery shall entitle the Buyer to reject the balance of the order.
DELIVERY BY INSTALMENTS. Unless provided otherwise in the Confirmation Note, each delivery of the Marine Fuel is deemed to constitute a single contract. Time is of the essence under the Agreement of Sale of Marine Fuel and if the Seller is authorized in the Confirmation Note to deliver the total quantity of the Marine Fuel in separate lots, amounts or installments (each an "Installment") at different times and the Buyer fails to take delivery of any such Installment, in whole or in part, at the time it is to be delivered, such default in taking delivery with respect to such Installment is deemed to impair the value of the whole Agreement of Sale of Marine Fuel and the Seller may consider such default a breach of the Agreement of Sale of Marine Fuel and provide the Buyer written notice thereof.
DELIVERY BY INSTALMENTS. If Seller shall fail to make delivery or shall make defective delivery of any instalment, such failure or defective delivery shall not affect the obligations of the parties under the contract of which these Conditions from part in respect of other instalments.
DELIVERY BY INSTALMENTS. In the event that the Contract calls for delivery by instalments each instalment shall be deemed to be a separate contract and default by either party with respect to any instalment shall not entitle the other party to cancel this contract with regard to any instalment deliverable save that if the Buyer shall default in payment of the Contract Price or any part thereof on the due date the Company may refuse to make further deliveries and terminate the Contract without notice and without prejudice to any right of the Company under the Contract existing at the time of such termination.
DELIVERY BY INSTALMENTS. The Company reserves the right to delivery by instalments and each delivery shall constitute a separate contract to which these Conditions shall apply. Failure by the Company to deliver any one or more of the instalments or any claim by the Contractor in respect of any one or more instalments shall not entitle the Contractor to treat the Contract as a whole as repudiated.
DELIVERY BY INSTALMENTS. 8.1 Multisol Europe shall be entitled to deliver the Goods by instalments. Each instalment shall be treated as if it constituted a separate and distinct contract between Multisol Europe and the Buyer.
8.2 Any failure, suspension or delay by Multisol Europe in respect of any part-delivery of the Goods or the discovery of any defect in any of the Goods so delivered shall not entitle the Buyer to cancel the remainder of the Contract and shall not affect the obligations of the Buyer in respect of the remainder of the Goods or the remainder of the Contract.
DELIVERY BY INSTALMENTS. 8.1 Multisol shall be entitled to deliver the Goods by instalments. Each instalment shall be treated as if it constituted a separate and distinct contract between Multisol and the Buyer.
8.2 Any failure, suspension or delay by Multisol in respect of any part-delivery of the Goods or the discovery of any defect in any of the Goods so delivered shall not entitle the Buyer to cancel t he remainder of the Contract and shall not affect the obligations of the Buyer in respect of the remainder of the Goods or the remainder of the Contract.
DELIVERY BY INSTALMENTS. Empired may, at its discretion, deliver the Products by instalments in any sequence. Where the Products are so delivered by instalments, each instalment shall be deemed to be the subject of a separate contract and no default or failure by Empired in respect of any one or more instalments shall vitiate the contract in respect of Products previously delivered or undelivered Products.
