Delivery of Goods and/or Services Sample Clauses

Delivery of Goods and/or Services. 4.1 At the Creditor’s sole discretion delivery of the Goods and/or Services shall take place when the Customer takes possession of the Goods and/or Services at the Customer’s nominated address (in the event that the Goods and/or Services are delivered by the Creditor or the Creditor’s nominated carrier). 4.2 At the Creditor’s sole discretion the costs of delivery are included in the Price, subject to clause 3.4. 4.3 The Customer shall make all arrangements necessary to take delivery of the Goods and/or Services whenever they are tendered for delivery. In the event that the Customer is unable to take delivery of the Goods and/or Services as arranged then the Creditor shall be entitled to charge a reasonable fee for redelivery. 4.4 Delivery of the Goods and/or Services to a third party nominated by the Customer is deemed to be delivery to the Customer for the purposes of this Agreement. 4.5 The Creditor may deliver the Goods and/or Services by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions. 4.6 The failure of the Creditor to deliver shall not entitle either party to treat this contract as repudiated. 4.7 The Creditor shall not be liable for any loss or damage whatever due to failure by the Creditor to deliver the Services (or any of them) promptly or at all where such failure is due to circumstances beyond the control of the Creditor.
Sample 1Sample 2Sample 3See All (6)
AutoNDA by SimpleDocs
Delivery of Goods and/or Services. (a) The Supplier must supply the Goods to, or perform the Services for, Ameropa at Site. (b) The Supplier must pack and mark the Goods in accordance with any statutory requirements, the Purchase Order, the Special Conditions (if any) and all applicable packaging standards of Ameropa as advised to the Supplier from time to time. (c) The Supplier must use its best efforts to deliver the Goods and/or perform the Services as quickly as possible. If a due date, timeframe for delivery of Goods or the performance of the Services, is specified in the Purchase Order, the Supplier must deliver the Goods and/or perform the Services, by that due date or within that timeframe, as applicable. The Supplier acknowledges that time is of the essence in this Agreement. (d) The Supplier must notify Ameropa as soon as it becomes aware of any anticipated delay or failure in the supply of the Goods and/or to perform the Services. The Supplier must take reasonable steps to ensure that its supply line is able to meet its commitments for the purpose of any supply under this Agreement. (e) Ameropa is not obliged to: (i) buy a minimum quantity of Goods and/or Services (unless otherwise agreed); (ii) exclusively purchase Goods and/or Services from the Supplier; (iii) maintain or exceed any quantities forecast by Ameropa; or (iv) accept or pay for any Goods and/or Services delivered in excess of the quantity or quantities specified in the Purchase Order.
Sample 1Sample 2Sample 3
Delivery of Goods and/or Services. 8.1 Delivery (“Delivery”) of the Goods and/or Services is taken to occur at the time that: (a) the Customer or the Customer’s nominated carrier takes possession of the Goods at Primary Sales address; or (b) Primary Sales (or Primary Sales nominated carrier) delivers the Goods to the Customer’s nominated address even if the Customer is not present at the address. 8.2 At Primary Sales sole discretion, the cost of delivery is in addition to the Price. 8.3 Primary Sales may deliver the Goods and/or Services in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions. 8.4 Any time specified by Primary Sales for delivery of the Goods and/or Services is an estimate only. The Customer must take delivery by receipt or collection of the Goods and/or Services whenever they are tendered for delivery. Primary Sales will not be liable for any loss or damage incurred by the Customer as a result of delivery being late. In the event that the Customer is unable to take delivery of the Goods and/or Services as arranged then Primary Sales shall be entitled to charge a reasonable fee for redelivery and/or storage. 8.5 Where Goods are supplied as a full container load (FCL) delivery, Primary Sales retains the right, at its absolute discretion, to pass on any demurrage charges (any delay over thirty (30) minutes from when Primary Sales or Primary Sales agent arrives onsite) incurred as a result of the Customer’s failure to make the container available for return within seven (7) calendar days of delivery, either to the Customer’s premises or storage facility, or to any other agreed storage facility.
Sample 1
Delivery of Goods and/or Services. 4.1 The Supplier must supply the Goods to, or perform the Services for, XXXXXX at Site. 4.2 The Supplier must pack and xxxx the Goods in accordance with any statutory re- quirements, the Purchase Order, the Specifications and all applicable packaging standards of XXXXXX as advised to the Supplier from time to time. 4.3 The Supplier must use its best efforts to deliver the Goods and/or perform the Services as quickly as possible. If a due date, timeframe for delivery of Goods or the performance of the Services, is specified in the Purchase Order, the Supplier must deliver the Goods and/or perform the Services, by that due date or within that timeframe, as applicable. If a Lead Time is specified in the Purchase Order, the Supplier must supply the Goods no later than the specified Lead Time and XXXXXX must not specify a Delivery Date that is earlier than the specified Lead Time. The Supplier acknowledges that time is of the essence in this Agreement. 4.4 The Supplier must notify XXXXXX as soon as it becomes aware of any anticipated delay or failure in the supply of the Goods and/or to perform the Services. The Supplier must take reasonable steps to ensure that its supply line is able to meet its commitments for the purpose of any supply under this Agreement. 4.5 XXXXXX is not obliged to: (a) buy a minimum quantity of Goods and/or Services (unless otherwise agreed); (b) exclusively purchase Goods and/or Services from the Supplier; (c) maintain or exceed any quantities forecast by XXXXXX; or (d) accept or pay for any Goods and/or Services delivered in excess of the quantity or quantities specified in the Purchase Order.
Sample 1
Delivery of Goods and/or Services. Sanyati shall not be liable for any loss or damage whatever due to failure by Sanyati to deliver the Goods and/or Services by due date or at all due to circumstances beyond the control of Sanyati.
Sample 1
Delivery of Goods and/or Services. 4.1 The Supplier shall perform and complete the goods and/or services in terms of the Agreement and as more fully set out in each Purchase Order, including performing the steps and tasks described in such Purchase Order and any other steps and tasks required even if such steps and tasks are not listed in or described in the Purchase Order, in all instances in which such other steps and tasks reasonably and necessarily constitute an inherent part of the goods and/or services. 4.2 The Supplier shall perform and complete the goods and/or services at the location/s stipulated in the Purchase Order. 4.3 The Supplier will perform the goods and/or services diligently, in a timely manner, and in accordance with any applicable service levels and time schedules set forth or referred to in the Agreement and in each Purchase Order. 4.4 The Supplier is fully responsible for the performance of its obligations under the Agreement with respect to the goods and/or services provided by the Supplier to Tiger. 4.5 The Parties shall continue to perform their respective obligations under the Agreement, including the performance of the goods and/or services and the payment of undisputed fees and Remuneration, without any interruptions, including during any dispute which may arise under this Agreement. 4.6 As an integral part of the goods and/or services, the Supplier and its personnel shall comply with all Tiger policies and procedures, including health and safety policies and procedures. 4.7 Where the goods will be delivered by the Supplier- ownership of and risk in, and to the goods shall pass to Tiger upon installation or delivery at agreed delivery address. 4.8 In addition for the passing of risk to take place, the following is required: 4.8.1 in respect of delivery, a signed delivery note 4.8.2 in respect of installation, a signed certificate of installation 4.8.3 in respect of goods and/or services, agreed performance targets and timelines 4.9 Tiger shall have the right to inspect the goods and to measure progress on the execution of services at all reasonable times and to reject goods and/or services that don’t comply with these Terms. Any inspection, checking or approval by Tiger shall not relieve the Supplier from any other obligations under the Agreement.
Sample 1

Related to Delivery of Goods and/or Services

  • Delivery of Goods 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence. 2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place. 2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods. 2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods. 2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten

  • Emergency Standby for Goods and/or Services If any Federal or State official, having authority to do so, declares an emergency or the occurrence of a natural disaster within the State of Connecticut, DAS and the Client Agency may request the Goods and Services on an expedited and prioritized basis. Upon receipt of such a request the Contractor shall make all necessary and appropriate commercially reasonable efforts to reallocate its staffing and other resources in order to give primary preference to Performing this Contract ahead of or prior to fulfilling, in whole or in part, any other contractual obligations that the Contractor may have. The Contractor is not obligated to make those efforts to Perform on an expedited and prioritized basis in accordance with this paragraph if doing so will make the Contractor materially breach any other contractual obligations that the Contractor may have. Contractor shall acknowledge receipt of any request made pursuant to this paragraph within 2 hours from the time that the Contractor receives it via purchase order or through a request to make an expedited or prioritized purchase through the State of Connecticut Purchasing Card (MasterCard) Program (the “P-Card Program”). If the Contractor fails to acknowledge receipt within 2 hours, confirm its obligation to Perform or actually Perform, as set forth in the purchase order or through the P-Card Program, then DAS and the Client Agency may procure the Performance from another source without further notice to Contractor and without creating any right of recourse at law or in equity against DAS or Client Agency.

  • Procurement of Goods and Services (a) If the HSP is subject to the procurement provisions of the BPSAA, the HSP will abide by all directives and guidelines issued by the Management Board of Cabinet that are applicable to the HSP pursuant to the BPSAA. (b) If the HSP is not subject to the procurement provisions of the BPSAA, the HSP will have a procurement policy in place that requires the acquisition of supplies, equipment or services valued at over $25,000 through a competitive process that ensures the best value for funds expended. If the HSP acquires supplies, equipment or services with the Funding it will do so through a process that is consistent with this policy.

  • Inspection of Goods 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

  • Goods and Services 4.3.1. The Supplier shall ensure that the Goods and/or the Services provided are fit for the purposes that may reasonably be inferred from the technical specifications and in accordance with the timetable for performance defined in the Contract. In any event the Supplier commits himself to achieve performance and results stipulated in the Contract. 4.3.2. The Goods and/or Services shall be delivered in a state of full completion with the complete “Documentation” (any operation and maintenance manuals, drawings, calculations, technical data, logic diagrams, progress reports, quality documentation, conformity certificates, test reports, bill of lading, certificates of origin, export control classification list number as per any applicable export regulation - such as the European Council Regulation 428/2009 (as amended) and/or the U.S. Export Administration Regulations (“EAR”), percentage of U.S. origin content, U.S. Export Control Classification Number (“ECCN”) or U.S. Munitions List category (“USML”) (if applicable) export authorizations and licenses, Harmonized Tariff Code - and any such other documents required under the Contract and/or applicable Laws) associated therewith as well as all instructions, recommendationsandother indicationsnecessaryin orderfor themtobeused correctly and under the appropriate safety conditions. If so required by the Purchaser, the Supplier shall submit any such Documentation to the Purchaserwith sufficient timeforreview andapproval by the Customer, in accordancewith the time-lines agreed between the Purchaser and the Customer. Where the Documentation provided by the Supplier is not compliant with Purchaser’s contractual requirements, the Supplier must make the necessary modifications, and indemnify the Purchaser for any costs, liabilities or penalties incurred by the Purchaser as a result of the non-compliance and/or delay. 4.3.3. Goods or Services that donotmeetall the requirements set in this Article 4.3 shall be considered as having a Non-Conformity as per Article 10 of these General Conditions and may be recorded as a non-conformity event (NCE) as defined in the Supplier Quality Manual. 4.3.4. If the Supplier is not certain that the results of the Services or Goods comply with the requirements defined in this Article 4.3, it shall inform immediately the Purchaser thereof in writing, providing all the needed indications concerning the risks of non- compliance and the measures that the Supplier intends to take in order to remedy the situation. The Purchaser shall notify its acceptance or rejection of the Supplier’s proposals as soon as possible and in writing. 4.3.5. If the Purchaser assesses on its part that the Supplier is not performing the Services and/or supplying the Goods in accordance with the Contract, itmay require the Supplier to indicate to it, in writing, the measures that the Supplier intends to take to remedy the situation. The Purchaser shall notify the Supplier in writing as soon as possible of its acceptance or rejection of the Supplier’s proposals.

  • Procurement of Goods and Works Except as ADB may otherwise agree, Goods and Works shall only be procured on the basis of the methods of procurement set forth below:

  • Delivery of Products 4.1 The Supplier shall ensure that:‌ (a) Products are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of Products is accompanied by a delivery note which shows the date of the Order, the Order number (if any), the type and quantity of Products (including the code number of the Products, where applicable), special storage instructions (if any) and, if the Products are being delivered in instalments, the outstanding balance of Products remaining to be delivered; and‌ (c) it states clearly on the delivery note any requirement for Ornua to return any packaging material for the Products to the Supplier. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Products:‌ (a) to the location set out in the Order or such other location as the parties may agree which may include delivery to a carrier (Delivery Location); and (b) on the date specified in the Order or, if no such date is specified, on a date agreed with Ornua in advance (Delivery Date). Delivery shall be on a Business Day during normal business hours, unless agreed otherwise with Ornua or otherwise instructed by Ornua.‌ 4.3 Delivery of Products shall be completed when the Supplier unloads and stacks the Products at the Delivery Location, unless different delivery terms (or Incoterms®) are specified in the Order. 4.4 Ornua operates a “Just-in-Time” delivery system. Time shall be of the essence in relation to the Delivery Date and any agreed delivery time. If the Products are not delivered on time by the Supplier, clause 6.1 shall apply.‌ 4.5 If the Supplier delivers more that the quantity of Products ordered, Ornua shall not be bound to pay for the excess and any excess shall be and shall remain at the Supplier’s risk and shall be returnable at the Supplier’s expense. 4.6 The Supplier shall not deliver Products in instalments without Ornua's prior written consent. Where it is agreed that Products are to be delivered in instalments, they may be invoiced and paid for separately. Failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle Ornua to the remedies set out in clause 6.1. 4.7 Title and risk in the Products shall pass to Ornua on completion of delivery.

  • Procurement of Goods Part A: General Goods shall be procured in accordance with the provisions of Section I of the "Guidelines for Procurement under IBRD Loans and XXX Credits" published by the Bank in January 1995 and revised in January 1996 (the Guidelines) and the following provisions of this Section, as applicable. Part B: International Competitive Bidding

  • REJECTION OF GOODS Notwithstanding any other rights of, or remedies available to UNDP under the Contract, in case any of the Goods are defective or otherwise do not conform to the specifications or other requirements of the Contract, UNDP, at its sole option, may reject or refuse to accept the Goods, and within thirty (30) days following receipt of notice from UNDP of such rejection or refusal to accept the Goods, the Contractor shall, in sole option of UNDP: 11.7.1 provide a full refund upon return of the Goods, or a partial refund upon a return of a portion of the Goods, by UNDP; or, 11.7.2 repair the Goods in a manner that would enable the Goods to conform to the specifications or other requirements of the Contract; or, 11.7.3 replace the Goods with Goods of equal or better quality; and, 11.7.4 pay all costs relating to the repair or return of the defective Goods as well as the costs relating to the storage of any such defective Goods and for the delivery of any replacement Goods to UNDP.

  • Delivery of Work If the Director terminates the Master Agreement and/or any Approved Service Order(s) – whether for convenience or for cause – the Director has the option of requiring the Consultant to provide to the City any finished or unfinished Work Product prepared by the Consultant up to the date of Consultant’s receipt of the written notice of termination.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!