Delivery of Goods or Services. (a) Delivery. Unless otherwise specified on the face of the Order, the applicable shipping and delivery Incoterms will be in accordance with Article 4. (b). Title to and risk of loss of or damage to the Goods shall pass to Buyer after receipt, inspection and acceptance in accordance with Section 5.
(b) Seller will deliver Goods FCA (Buyer’s facility) INCOTERMS 2010 if Seller is located within the continental US and DDP (Buyer’s facility) INCOTERMS 2010 if Seller is located outside the continental US.
(c) Time is of the essence with respect to delivery. Seller must immediately notify Buyer, in writing, of any actual or potential delay of the Order.
(d) If Seller fails to deliver the Goods and/or Services by the delivery date set forth on the face of this Order in the quantities or of the nature specified on the face of this Order or in a statement of work attached to this Order, Buyer may immediately terminate this Order, either in whole or in part, and may refuse to accept delivery of any Goods and/or Service specified in this Order or any attached statement of work and to return, at Seller's expense, all shipped Goods to Seller.
Delivery of Goods or Services. Seller will use reasonable efforts to deliver the Goods or perform the Services on the date or within the period for delivery or performance agreed by the parties, but time for delivery or performance will not be of the essence, and Seller will not be liable for any loss or expense whatsoever caused by late delivery or performance. Seller will use reasonable efforts to comply with Buyer’s delivery procedures. If Buyer is unable or unwilling to accept delivery of the Goods in accordance with the Agreement, Seller may retain the Goods and arrange for or provide their storage and insurance as it determines in its sole discretion and at Buyer’s expense. If Seller provides such storage, Seller will be entitled to charge Buyer at Seller’s then current standard rates for storage. Such retention or dispatch of any Goods for storage will be treated as constituting their delivery to Buyer in accordance with the Agreement for all the purposes of these terms and conditions. If Buyer is unable or unwilling for any reason to accept performance of the Services in accordance with the Agreement, Seller will use reasonable efforts to perform the Services as soon as practicable following Buyer’s confirmation, by not less than fourteen (14) days’ notice in writing, of the date on which Buyer will be ready. If the date specified is more than 30 days later than the date specified in the Agreement, Seller will be entitled to invoice Buyer and be paid for the Services as if they had been completed, and to invoice Buyer following performance for any additional cost or expense of performance resulting from the delay.
Delivery of Goods or Services. 1) Goods and services should be delivered under the conditions specified in the order with respect to the subject of delivery, its quality and quantity, the price, and the date and terms of delivery.
2) The term of delivery shall run from the date of order placement.
3) Suppliers shall be obliged to strictly comply with the term of delivery. If the Supplier believes that it is not able to comply with the date of delivery specified in the order, it shall be obliged to immediately notify ICHEM Sp. z o.o. of this fact and give the reasons for delay along with its expected duration. In such case, ICHEM Sp. z o.o. shall reserve the right to waive a given order without any costs being incurred by them, and the Supplier shall accept this right of ICHEM Sp. z o.
4) In every case the Supplier shall be liable for all damages resulting from a failure to execute, delayed execution, or improper execution of a confirmed order.
5) Both Parties reserve the right to change an agreed date of delivery (once or with respect to all future deliveries), provided they first receive written consent of the other party.
6) Unless the order specifies otherwise, actual execution of the order cannot exceed the agreed term of delivery.
7) Goods and services should be delivered to the location specified in the order by ICHEM Sp. z o.o. on account and at risk of the Supplier, unless the order specifies otherwise.
Delivery of Goods or Services
