Delivery of Goods or Services Sample Clauses

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.
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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.
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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.
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Delivery of Goods or Services 
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Related to Delivery of Goods or Services

  • Delivery of Goods 4.1 The Supplier shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) if the Supplier requires the Customer to return any packaging material to the Supplier, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. 4.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event, the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept or take delivery of the Goods within 20 Business Days of the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the second Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and (b) the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.7 If 20 Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.8 The Customer shall not be entitled to reject the Goods if the Supplier delivers up to and including 5 per cent more or less than the quantity of Goods ordered, but a pro-rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Goods was delivered. 4.9 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

  • EQUIPMENT, PRODUCTS, OR SERVICES A. EQUIPMENT, PRODUCTS, OR SERVICES. Supplier will provide the Equipment, Products, or Services as stated in its Proposal submitted under the Solicitation Number listed above. Supplier’s Equipment, Products, or Services Proposal (Proposal) is attached and incorporated into this Contract. All Equipment and Products provided under this Contract must be new and the current model. Supplier may offer close-out or refurbished Equipment or Products if they are clearly indicated in Supplier’s product and pricing list. Unless agreed to by the Participating Entities in advance, Equipment or Products must be delivered as operational to the Participating Entity’s site. This Contract offers an indefinite quantity of sales, and while substantial volume is anticipated, sales and sales volume are not guaranteed.

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