Common use of DELIVERY BY INSTALMENTS Clause in Contracts

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.