We use cookies on our site to analyze traffic, enhance your experience, and provide you with tailored content.

For more information visit our privacy policy.

Common use of Delivery of Goods Clause in Contracts

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if the Supplier requires the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no date is specified therein, then such date as shall be agreed between the parties in writing; (b) to the location set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location”); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 2 contracts

Samples: Terms and Conditions for the Purchase of Goods and/or Services, Purchase Agreement

Delivery of Goods. 4.1 5.1 The Supplier shall ensure that: (a) the 5.1.1 all Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 5.1.2 each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be deliveredDelivery Note; and (c) 5.1.3 if the Supplier requires the Customer to return any packaging material for the Goods to the SupplierGoods, that fact is clearly stated on the delivery note. Any Delivery Note and such return of packaging material shall only be returned to the Supplier at the cost of the Supplier’s cost. 4.2 5.2 The Supplier shall deliver the Goods: (a) 5.2.1 on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within five (5) Business Days of the date as shall be agreed between of the parties in writingPurchase Order; (b) 5.2.2 to the location set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location”); and (c) 5.2.3 during the Customer's normal hours of business on a Business Day, or as otherwise instructed by the Customer. 4.3 5.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location, and the provision of Delivery Note for the applicable Purchase Order once signed by the Customer. 4.4 5.4 If the Supplier Supplier: 5.4.1 delivers more or less than ninety-five per cent (95%) of the quantity of Goods orderedordered at any one time and as specified in the applicable Order, the Customer may reject the Goods; or 5.4.2 delivers more than one hundred and five per cent (105%) of the quantity of Goods ordered at any one time and as specified in the applicable Order, the Customer may reject all of the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, and the Customer accepts such a the delivery, a pro rata adjustment as applicable shall be made to the invoice for by the GoodsSupplier. 4.5 5.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it this consent is agreed that given, the Goods are delivered by instalments, they Supplier may be invoiced and paid invoice for each instalment separately. However, failure Failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.18. 4.6 5.6 Title to and risk in the Goods shall both pass to the Customer on completion of deliverydelivery of the Goods to the Customer’s possession at the Delivery Location. At the point of delivery of the Goods, the Customer shall acquire a valid and unencumbered title to the Goods.

Appears in 2 contracts

Samples: Terms and Conditions for the Purchase of Goods & Services, Terms and Conditions for the Purchase of Goods & Services

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) 4.1.1 the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 4.1.2 each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any)purchase order number, the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; 4.1.3 the Goods will not be packaged in any container or loaded into any vehicle that (i) is not clean, (ii) may damage, contaminate, deteriorate or adulterate any of the Goods, or (iii) will otherwise render the Goods unfit for their intended uses; and (c) if 4.1.4 it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) 4.2.1 on the date specified in the Purchase Order or, if no date is specified therein, then such date as shall be agreed between the parties in writingOrder; (b) 4.2.2 to the delivery location set out specified in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location”)Contract; and (c) 4.2.3 during the Customer's normal hours of business on a Business Daybusiness, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the later of completion of unloading of the Goods at the Delivery Locationdelivery location and signing of a delivery note by the Customer. 4.4 If the Supplier Supplier: 4.4.1 delivers more or less than 95% of the quantity of Goods ordered, the Customer may reject the Goods; or 4.4.2 delivers more than 105% of the quantity of Goods ordered, the Customer may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Supplier delivers less than the quantity of Goods ordered, and the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. If the Supplier delivers more than the quantity of Goods ordered, and the Customer accepts the delivery, the excess shall be deemed free of charge. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 2 contracts

Samples: Terms and Conditions of Purchase of Goods and Services, Terms and Conditions of Purchase of Goods and Services

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) : a the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) ; b each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if and c it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier or disposed of by the Customer at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) : a on the date specified in the Purchase Order or, if no such date is specified thereinor agreed elsewhere in writing, then such within 14 days of the date as shall be agreed between of the parties in writing; (b) Order; b to the Customer’s premises at Civic Centre, Station Road, Addlestone, Surrey, KT15 2AH or such other location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) and c during the Customer's ’s normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Unless otherwise stated in the Order, the Supplier shall bear the costs of putting the Goods into a deliverable state. 4.4 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 4.5 If the Supplier: a delivers less than 95% of the quantity of Goods ordered, the Customer may reject the Goods; or b delivers more than 105% of the quantity of Goods ordered, the Customer may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier’s risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 4.6 The Supplier shall not deliver the Goods in instalments without the Customer's ’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause Clause 6.1. 4.6 4.7 If the Customer cannot take delivery of the Goods for any good reason, the Supplier will store the Goods at the Supplier’s risk and expense. 4.8 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 2 contracts

Samples: Standard Terms and Conditions for the Supply of Goods and Services for Purchase Orders, Standard Terms and Conditions for the Supply of Goods and Services for Purchase Orders

Delivery of Goods. 4.1 4.1. The Supplier shall ensure that: (a) 4.1.1. the Goods are properly packed and secured in such manner as to enable them to reach their destination in good conditioncondition and in accordance with any specific written instructions given by the Buyer; (b) 4.1.2. each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 4.1.3. it states clearly on the Supplier requires delivery note any requirement for the Customer Buyer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 4.2. The Supplier shall deliver the Goods: (a) 4.2.1. on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 7 [SEVEN] days of the date as shall be agreed between of the parties in writingOrder; (b) 4.2.2. to the Buyer's premises at Xxxx 0 Xxxxxxx Xxxxxxxxxx Xxxxxx, Xxxxxxxxxxx XX0 0XX or such other location as is set out in the Purchase Order or as instructed by the Customer Buyer before delivery (the “Delivery Location); and (c) 4.2.3. during the CustomerBuyer's normal hours of business on a Business Daybusiness, or as instructed by the CustomerBuyer. 4.3 4.3. Delivery of the Goods shall be completed on DAP (as defined in INCOTERMS 2020) Delivery Location unless otherwise agreed in writing by the completion of unloading of Buyer and the Goods at the Delivery LocationSupplier. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense4.4. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the CustomerBuyer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 4.5. Title and risk in the Goods shall pass to the Customer Buyer on completion of delivery.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such date as shall be agreed between within the parties timeframe specified verbally or in writingwriting by the Customer; (b) to the Customer's premises or such other location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers less or more or less than of the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 2 contracts

Samples: Contract, Supply Agreement

Delivery of Goods. 4.1 The Supplier Delivery of the Goods shall ensure that: (a) be completed once the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied unloaded by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if the Supplier requires the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost Customer’s premises or such other location set out in the Order or as instructed by the Customer before delivery, provided that delivery is acknowledged by an authorised member of the SupplierCustomer’s staff or its agents. Title in the Goods shall pass to the Customer on delivery, or if earlier, upon payment relating to the relevant Goods. Risk will pass to the Customer on completion of delivery. 4.2 The Supplier shall deliver the Goods: (a) Goods on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within two days of the date as shall be agreed between of the parties in writing; (b) to the location set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location”); and (c) and during the Customer's ’s normal hours of business on a Business Day, or as instructed by the Customer. Time of delivery is of the essence. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's ’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. 4.4 The Supplier shall ensure that the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition, pallets used for delivery must be of a good quality and be four-way entry pallet. HoweverPallets must be correctly loaded and packed in accordance with health and safety obligations. 4.5 The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, failure by documentation for excise purposes, the Order number (if any), an itemised list of the type and quantity of the Goods (including the code number of the Goods (where applicable)), 4.6 Where applicable and unless otherwise agreed with the Supplier, the Supplier shall ensure that Goods have at least 80% of their shelf life remaining at the point of delivery to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies or as otherwise set out in clause 6.1the Customer’s Policies. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 2 contracts

Samples: Purchase Terms and Conditions, C&c Group Purchase Terms and Conditions

Delivery of Goods. 4.1 The Supplier shall ensure 6.1 Delivery (“Delivery”) of the Goods is taken to occur at the time that: (a) the Client or the Client’s nominated carrier takes possession of the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition;at the Supplier’s address; or (b) each the Supplier (or the Supplier’s nominated carrier) delivers the Goods to the Client’s nominated address even if the Client is not present at the address. 6.2 At the Supplier’s sole discretion, the cost of delivery is either included in the Price or is in addition to the Price. 6.3 Subject to clause 6.4 it is the Supplier’s responsibility to ensure that the Services start as soon as it is reasonably possible. 6.4 The Services commencement date will be put back and the completion date extended by whatever time is reasonable in the event that the Supplier claims an extension of time (by giving the Client written notice) where completion is delayed by an event beyond the Supplier’s control, including but not limited to any failure by the Client to: (a) make a selection; or (b) have the site ready for the Services; or (c) notify the Supplier that the site is ready. 6.5 Delivery of the Goods to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this Contract. 6.6 The Supplier may deliver the Goods by separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provisions in these terms and conditions. 6.7 The Client shall take delivery of the Goods tendered notwithstanding that the quantity so delivered shall be either greater or lesser than the quantity purchased provided that: (a) such discrepancy in quantity shall not exceed five percent (5%); and (b) the Price shall be adjusted pro rata to the discrepancy. 6.8 Any time specified by the Supplier for delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type an estimate only and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if the Supplier requires will not be liable for any loss or damage incurred by the Customer Client as a result of delivery being late. However both parties agree that they shall make every endeavour to return any packaging material for enable the Goods to be delivered at the Supplier, time and place as was arranged between both parties. In the event that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at is unable to supply the cost Goods as agreed solely due to any action or inaction of the Supplier. 4.2 The Client, then the Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no date is specified therein, then such date as shall be agreed between the parties in writing; (b) entitled to the location set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location”); and (c) during the Customer's normal hours of business on charge a Business Day, or as instructed by the Customerreasonable fee for redelivery and/or storage. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 2 contracts

Samples: Supply Agreement, Service Agreement

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 30 days of the date as shall be agreed between of the parties in writingOrder; (b) to the location set out in the Purchase Order order or as instructed by the Customer before delivery (the “Delivery Location); and (c) during the Customer's ’s normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's ’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause Clause 6.1. 4.6 4.5 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 2 contracts

Samples: Terms and Conditions for Supply of Goods and Services, Terms and Conditions for Supply of Goods and Services

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in Schedule B or otherwise as agreed in writing with the Purchase Order or, if no date is specified therein, then such date as shall be agreed between the parties in writingCustomer; (b) to the Customer’s premises at 000 Xxxxx Xxxxxx, Xxxxxx Xxxx or such other location set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) during the Customer's ’s normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier: delivers less than 95% of the quantity of Goods ordered, the Customer may reject the Goods; or delivers more than 105% of the quantity of Goods ordered, the Customer may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier’s risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's ’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause Clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of upon payment. Risk shall pass to the Customer upon delivery.

Appears in 1 contract

Samples: Supply Agreement

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (Goods, where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if the Supplier requires the Customer Client to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order Order, or, if no such date is specified thereinspecified, then such within 28 days of the date as shall be agreed between of the parties in writingOrder (Delivery Date); (b) to the Client's premises specified in the Order or such other location as is set out in the Purchase Order Order, or as instructed by the Customer before Client prior to delivery (the “Delivery Location); and (c) during the CustomerClient's normal hours of business on a Business Dayhours, or as instructed by the CustomerClient. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the CustomerClient's prior written consent. Where it is agreed that the Goods are to be delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer Client to the remedies set out in clause 6.16. 4.6 4.5 Title and & risk in the Goods shall pass to the Customer Client on completion of delivery.

Appears in 1 contract

Samples: Contract for the Supply of Goods/Services

Delivery of Goods. 4.1 The Supplier shall ensure that: : (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; ; and (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if the Supplier requires the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The In respect of domestic contracts the Supplier shall deliver the Goods: Goods (a) on the date specified in the Purchase Order or, if no date is specified therein, then such date as shall be agreed between the parties in writing; Order; (b) to Davro's premises at the location address set out in the Purchase Order or such other location as instructed by the Customer Davro before delivery (the “"Delivery Location"); and and (c) during the CustomerDavro's normal hours of business on a Business Day, or as instructed by the CustomerDavro . 4.3 Where the goods are being supplied from overseas then unless otherwise agreed in the Contract, the Goods shall be delivered in accordance with INCOTERMS 2010 DDP, to the place defined in the Contract or, if no such place has been defined, to Davro ’s place of business. 4.4 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 4.5 If the Supplier Supplier: (a) delivers more or less than the quantity of Goods ordered, the Customer Davro may reject the Goods; or (b) delivers more than the quantity of Goods ordered, Davro may at its sole discretion reject the Goods or the excess Goods; and in either case any rejected Goods shall be returnable at the Supplier's risk and expense. If Xxxxx accepts the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 4.6 The Supplier shall not deliver the Goods in instalments without the CustomerDavro's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer Davro to the remedies set out in clause 6.1. 4.6 4.7 Title and risk in the Goods shall pass to the Customer Davro on completion of delivery.

Appears in 1 contract

Samples: Conditions of Purchase

Delivery of Goods. 4.1 6.1 The Goods shall be delivered to the Customer Premises or other premises as set forth in the Purchase Order on the date or within the period stated therein and in either case during the normal business hours of Customer. 6.2 Supplier shall ensure that:provide to Customer, sufficiently in advance of delivery, any instructions or other information required to enable Customer to accept delivery of the Goods. (a) the 6.3 The Goods are shall be properly packed and secured in such a manner as to enable them to reach their destination in a good condition; (b) each delivery condition in light of the nature of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of other applicable cir- cumstances. Supplier shall off-load the Goods (including the code number of at its own risk as directed by Xxxxxxxx. 6.4 Customer shall have no obligation to pay for or return pack- ing cases, skids, drums or other articles used for packing the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if the Supplier requires the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplierwhether or not reusable. 4.2 6.5 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no date is specified therein, then such date as shall be agreed between the parties in writing; (b) to the location set out in the Purchase Order or as instructed by the Customer before time of delivery (the “Delivery Location”); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on of the completion essence of unloading the Agreement. 6.6 All Goods should be accompanied by a detailed advice note stating the applicable Purchase Order number and giving full particulars of the Goods at the Delivery Locationsupplied. 4.4 6.7 If the Supplier delivers more or less than Goods are to be delivered by instalments the quantity of Goods ordered, the Customer may reject Agree- ment shall be treated as a single Agreement and not sever- able. 6.8 If the Goods are delivered to Customer in excess of the quantities set forth in the Purchase Order, Customer shall not be bound to pay for the excess and any rejected Goods excess shall be and remain at Supplier’s risk and shall be returnable at Sup- plier’s expense. 6.9 Upon delivery of the Supplier's Goods to Customer, Customer shall ei- ther reject or accept the Goods, such acceptance not to be unreasonably withheld or delayed. Customer shall have the right to reject Goods after any latent defect in the Goods has become apparent. 6.10 Without prejudice to any other right or remedy Customer may have, if any Goods are not supplied in accordance with, or if Supplier fails to comply with, any of the terms of this Agreement, Customer shall be entitled to avail itself of any one or more of the following remedies at its discretion: a. to reject the Goods (in whole or in part) and return them to Supplier at the risk and expense. If cost of Supplier on the Customer accepts such basis that a delivery, a pro rata adjustment full refund for the Goods so returned shall be made paid forthwith to Customer by Supplier; b. to give Supplier the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier opportunity (at Supplier’s expense) either to deliver any one instalment on time or at all or remedy any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass or to supply replacement Goods and carry out any other necessary work to ensure that the Customer on completion terms of deliverythe Agreement are ful- filled; c. to obtain such damages as may have been as a result of or in connection with Supplier’s breach or breaches of the Agreement; or (d) to terminate this Agreement in whole or in part immediately upon giving written notice to Supplier.

Appears in 1 contract

Samples: Standard Terms and Conditions

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) 4.1.1 the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 4.1.2 each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), and the manufacturer of Goods, special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 4.1.3 it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) 4.2.1 on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 7 days of the date as shall be agreed between of the parties in writingOrder; (b) 4.2.2 to the Customer’s premises at Link Business Park, Osbaldwick Link Road, York, YO10 3JB or such other location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) 4.2.3 during the Customer's ’s normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier: 4.4.1 delivers less than 95% of the quantity of Goods ordered, the Customer may reject the Goods; or 4.4.2 delivers more than 105% of the quantity of Goods ordered, the Customer may at its sole discretion reject the Goods or the excess Goods and any rejected Goods shall be returnable at the Supplier’s risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's ’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Purchase Agreement

Delivery of Goods. 4.1 6.1 The Goods shall be delivered to the Customer Premises or other premises as set forth in the Purchase Order on the date or within the period stated therein and in either case during the normal business hours of Customer. 6.2 The Supplier shall ensure that:provide to Customer, sufficiently in advance of delivery, any instructions or other information required to enable Customer to accept delivery of the Goods. (a) the 6.3 The Goods are shall be properly packed and secured in such a manner as to enable them to reach their destination in a good condition; (b) each delivery condition in light of the nature of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if the Supplier requires the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery noteother applicable circumstances. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver off-load the Goods: (a) on the date specified in the Purchase Order or, if no date is specified therein, then such date Goods at its own risk as shall be agreed between the parties in writing; (b) to the location set out in the Purchase Order or as instructed directed by the Customer before delivery (the “Delivery Location”); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery 6.4 Customer shall have no obligation to pay for or return packing cases, skids, drums or other articles used for packing the Goods whether or not re- usable. 6.5 The time of delivery of the Goods shall be completed on of the completion essence of unloading the Agreement. 6.6 All Goods should be accompanied by a detailed advice note stating the applicable Purchase Order number and giving full particulars of the Goods supplied. 6.7 If the Goods are to be delivered by instalments the Agreement shall be treated as a single Agreement and not severable. 6.8 If the Goods are delivered to Customer in excess of the quantities set forth in the Purchase Order, Customer shall not be bound to pay for the excess and any excess shall be and remain at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods Supplier's risk and any rejected Goods shall be returnable at the Supplier's risk and expense. If . 6.9 Upon delivery of the Goods to Customer, Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for either reject or accept the Goods. 4.5 The Supplier , such acceptance not to be unreasonably withheld or delayed. Customer shall not deliver have the right to reject Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver after any one instalment on time or at all or any latent defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of deliveryhas become apparent.

Appears in 1 contract

Samples: Standard Terms and Conditions

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition;; and (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if the Supplier requires the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 7 days of the date as shall be agreed between of the parties in writingOrder; (b) to the Cotopaxi's Head Office from time to time or such other location as is set out in the Purchase Order or as instructed by the Customer Cotopaxi before delivery (the “Delivery Location); and (c) during the CustomerCotopaxi's normal hours of business on a Business Daybusiness, or as instructed by the CustomerCotopaxi. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier Supplier: (a) delivers more or less than 95% of the quantity of Goods ordered, the Customer Cotopaxi may reject the Goods; or (b) delivers more than 105% of the quantity of Goods ordered, Cotopaxi may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer Supplier delivers more or less than the quantity of Goods ordered, and Cotopaxi accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the CustomerCotopaxi's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer Cotopaxi to the remedies set out in clause 6.1. 4.6 Title Subject to clause 4.7 title and risk in the Goods shall pass to the Customer Cotopaxi on completion of delivery. Until such time as risk in the Goods has passed to Cotopaxi the Supplier shall maintain an appropriate level of insurance to cover the value of the Goods. 4.7 If Cotopaxi has made any payment or part payment in relation to the Goods prior to delivery title to the Goods shall pass to Cotopaxi on the date that payment is made.

Appears in 1 contract

Samples: Supply Agreement

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 3 days of the date as shall be agreed between of the parties in writingOrder; (b) to the location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and; (c) during the Customer's ’s normal hours of business [on a Business Day], or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier: (a) delivers less than [95]% of the quantity of Goods ordered, the Customer may reject the Goods; or (b) delivers more than [105]% of the quantity of Goods ordered, the Customer may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier’s risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's ’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Supply of Goods and Services Agreement

Delivery of Goods. 4.1 3.1. The Supplier shall ensure that: (a) 3.1.1. the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 3.1.2. each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number Celonis’ Supply of Goods and Services Terms and Conditions (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 3.1.3. it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 3.2. The Supplier shall deliver the Goods: (a) 3.2.1. on the date specified in the Purchase Order or, if no date and time is specified therein, then such date as shall be agreed between of the parties in writingessence for any and all deliveries of Goods; (b) 3.2.2. to the Customer’s premises or such other location as is set out in the Purchase Order or as otherwise instructed by the Customer before delivery (the “Delivery Location”); and (c) 3.2.3. during the Customer's ’s normal hours of business on a Business Day, or as instructed by the Customer. 4.3 3.3. Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery LocationLocation and issuance of an acknowledgement of receipt by an Authorized Person. 4.4 3.4. Nothing in these Terms shall oblige the Customer to accept any deliveries exceeding or falling short of the ordered quantities, and any rejected Goods shall be returnable at the Supplier’s risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 3.5. The Supplier shall not deliver the Goods in instalments without the Customer's ’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.15.1. 4.6 3.6. Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Supply of Goods and Services Agreement

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 30 (thirty) days of the date as shall be agreed between of the parties in writingOrder; (b) to the Customer's premises or such other location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. . 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier Supplier: (a) delivers more or less than 95% of the quantity of Goods ordered, the Customer may reject the Goods; or (b) delivers more than 105% of the quantity of Goods ordered, the Customer may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, and the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1.Error! Reference source not found.. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery. 4.7 The passing of title shall not prejudice any other of the Customer’s rights and remedies, including its right to reject.

Appears in 1 contract

Samples: Terms and Conditions for the Sale of Goods and Services

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 28 days of the date as shall be agreed between of the parties in writingOrder; (b) to the Customer's premises at Xxxx 0 Xxxxxxxxx Xxxxxxxx Xxxx, Xxxxxxxxx Xxxx, Xxxxxxxxx BB1 2QY or such other location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier Supplier: (a) delivers more or less than 95% of the quantity of Goods ordered, the Customer may reject the Goods; or (b) delivers more than 105% of the quantity of Goods ordered, the Customer may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, and the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Contract

Delivery of Goods. 4.1 The 4.1. Supplier shall ensure that: (a) 4.1.1. the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 4.1.2. each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any)number, the type type, and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 4.1.3. it states clearly on the Supplier requires the delivery note any requirement for Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The 4.2. Supplier shall deliver the Goods: (a) on Goods to the date specified in the Purchase Order orSite, if no date or to such other place as is specified therein, then such date as shall be agreed between the parties in writing; (b) to Parties at the location set out in time and date stipulated by Customer, and it is hereby agreed that time of delivery shall be of the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location”); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customeressence. 4.3 4.3. Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery LocationSite. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense4.4. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's ’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.18.1. 4.6 Title 4.5. If Supplier delivers more or less than the quantity of Goods ordered, Customer may reject the Goods or the excess Goods, and any rejected Goods shall be returnable at Supplier’s risk and expense. If Supplier delivers more or less than the quantity of Goods ordered, and Customer accepts the delivery, Supplier shall make a pro-rata adjustment to the invoice for the Goods. 4.6. If delivery is delayed or Supplier fails to deliver then Supplier shall pay to Customer a sum calculated at a rate of one per cent (1%) of the price of the Goods accruing on a daily basis from the due date of delivery (as may be extended) specified in the Purchase Order until the actual date of delivery up to a maximum of ten per cent (10%) of the price of the Goods set out in the Purchase Order. Such sums shall pass be paid by way of liquidated and ascertained damages by Supplier to Customer and such sums are accepted by the Parties as being a genuine pre-estimate of the net losses likely to have been suffered by Customer on completion in such event. Customer reserves the right to vary and/or amend the level and method of deliverycalculation of such liquidated and ascertained damages, any such variation and/or modification to be specified in the Purchase Order.

Appears in 1 contract

Samples: Purchase Order Terms & Conditions

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within thirty days of the date as shall be agreed between of the parties in writingOrder; (b) to the Customer's premises at such location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 4.5 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Supply of Goods and Services Agreement

Delivery of Goods. 4.1 5.1 In respect of Goods, proof of delivery will be established only through an official stamp of Customer and/or by the signature of an authorised employee of Customer on a delivery note clearly detailing the Goods and the quantity Delivered. 5.2 Any delivery note or other document accompanying a delivery which is signed or stamped by or on behalf of Customer is simply an acknowledgement of delivery and will not constitute an acceptance by Customer that the Goods comply with the Contract. Customer will not be considered to have accepted any Goods until after it has had a reasonable time to inspect the Goods or, if later, following a reasonable time after any latent defect in the Goods has become apparent. 5.4 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 5.5 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within five days of the date as shall be agreed between of the parties in writingOrder; (b) to the Customer's premises or such other location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 5.6 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any 5.7 Any rejected Goods shall be returnable at the Supplier's risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, and the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 5.8 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.17.1. 4.6 5.9 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Terms and Conditions for Supply of Goods and Services

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 30 days of the date as shall be agreed between of the parties in writingOrder; (b) to the Customer's premises at Hindlip Park, Worcester, WR3 8SP or such other location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier Supplier: (a) delivers more or less than 95% of the quantity of Goods ordered, the Customer may reject the Goods; or (b) delivers more than 105% of the quantity of Goods ordered, the Customer may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, and the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of deliverydelivery or on payment, whichever is the sooner. 4.7 Risk in the Goods will remain with the Supplier until the same have been delivered to the Customer in accordance with clauses 4.2 and 4.3 and the Supplier shall maintain all necessary insurance to cover such risk.

Appears in 1 contract

Samples: Supply Agreement

Delivery of Goods. 4.1 5.1 The Supplier Vendor shall ensure that: (a) 5.1.1 the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 5.1.2 each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order purchase order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) ), the NCI’s billing address and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 5.1.3 it states clearly on the Supplier requires delivery note any requirement for the Customer NCI to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery noteVendor. Any such packaging material shall only be returned to the Supplier Vendor at the cost of the SupplierVendor. 4.2 5.2 The Supplier Vendor shall deliver the Goods: (a) 5.2.1 on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 14 days of the date as shall be agreed between of the parties in writingPurchase Order; (b) 5.2.2 to the location delivery address set out in the Purchase Order or as instructed by the Customer NCI before delivery (the “Delivery Location”); and (c) 5.2.3 during the Customer's NCI’s normal hours of business on a Business Day, or as instructed by the CustomerNCI. 4.3 5.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 5.4 The Supplier Vendor shall not deliver the Goods in instalments without the Customer's NCI’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier Vendor to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer NCI to the remedies set out in clause 6.17.1 (NCI remedies). 4.6 5.5 Title and risk in the Goods shall pass to the Customer NCI on completion of delivery.

Appears in 1 contract

Samples: Standard Terms and Conditions of Purchase

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) 4.1.1 the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 4.1.2 each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and; (c) if 4.1.3 it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier; and 4.1.4 the Goods are properly insured in accordance with clause 13.1.4. 4.2 The Supplier shall deliver the Goods: (a) 4.2.1 on the date specified in the Purchase Order oror otherwise instructed by the Customer, or if no such date is specified thereinspecified, then such within a reasonable period following the date as shall be agreed between of the parties in writingPurchase Order; (b) 4.2.2 to the Customer's premises at the location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) 4.2.3 during the Customer's normal hours of business on a Business Daybusiness, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 4.5 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Purchase Order

Delivery of Goods. 4.1 4.1. The Supplier shall ensure that: (a) 4.1.1. the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 4.1.2. each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 4.1.3. it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 4.2. The Supplier shall deliver the Goods: (a) 4.2.1. on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 14 days of the date as shall be agreed between of the parties in writingOrder; (b) 4.2.2. to the Customer’s premises at 0 Xxxx Xxxxxx Xx, Xxxxxxx, X0 0XX or such other location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) 4.2.3. during the Customer's ’s normal hours of business on a Business Day, or as instructed by the Customer. 4.3 4.3. Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 4.4. If the Supplier Supplier: 4.4.1. delivers more or less than 95% of the quantity of Goods ordered, ; or 4.4.2. delivers more than 105% of the Customer may reject the quantity of Goods and any rejected Goods shall be returnable at the Supplier's risk and expenseordered, 4.5. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's ’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause Clause 6.1. 4.6 4.6. Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Terms and Conditions for the Purchase of Goods and Services

Delivery of Goods. 4.1 The Goods shall be delivered: (1) to the Delivery Point; (2) at the date(s) specified in the Contract or such later date(s) as may reasonably be specified by the Purchaser; and (3) during the Purchaser’s normal hours of business or as instructed by the Purchaser. The Purchaser shall have the right by written notice to vary the delivery arrangements, to include the place of delivery and quantities. Upon receipt of such notice of variation, the Supplier shall promptly give written notice to the Purchase of the amount of any amendment to the price (if any) by applying the pricing methodology contained in the applicable tender or quotation. The Supplier shall ensure thatthat the Goods: (a) are properly packaged and secured so as to prevent any loss of or damage to the Goods are properly packed during transit to the Delivery Point and secured in such manner as to enable them to reach their destination in good condition;during the subsequent distribution and/or storage of the Goods (whether by the Supplier, Purchaser or others) (b) each delivery of the Goods is are clearly labelled and addressed and shall be accompanied by a delivery note notes which shows the date of the Purchase Order, detail (1) the Purchase Order number number; (if any), 2) the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be deliveredsupplied; and (c3) if whether the Supplier requires delivery is a full or part delivery; (4) any Goods which are hazardous or toxic in nature; and (5) shall specify the Customer precautions to return any packaging material for be taken in relation to the Goods to safe use, handling, storage and disposal of the Goods. If so required by the Purchaser or requested by the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only will be returned to the Supplier at the cost Supplier’s expense and risk, provided that full descriptions of such packaging (including identification marks, numbers and values) are included in the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no date is specified therein, then such date as shall be agreed between the parties in writing; (b) ’s advice notes and invoices. Risk of loss of or damage to the location set out in Goods shall remain with the Purchase Order or as instructed by the Customer before Supplier until delivery (the “Delivery Location”); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at to the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expensePoint. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion Purchaser upon delivery or payment, whichever is the earlier, without prejudice to any right of deliverythe Purchaser to reject the Goods.

Appears in 1 contract

Samples: Terms and Conditions of Order

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer Company to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. The Company shall not be liable for any packaging material damaged, destroyed or lost in transit. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such date within the agreed lead time as shall be agreed between set out in the parties in writingSupplier’s quotation; (b) to the Company’s premises at 00 Xxxxxxxxxxx Xxxx, Xx.Xxxxxxx, Xxxxxxxx, XX00 0XX or such other location as is set out in the Purchase Order or as instructed by the Customer Company before delivery (the “Delivery Location); and (c) during the Customer's Company’s normal hours of business on a Business Daybusiness, or as instructed by the CustomerCompany. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier: (a) delivers less than 95% of the quantity of Goods ordered, the Company may reject the Goods; or (b) delivers more than 105% of the quantity of Goods ordered, the Company may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier’s risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, and the Customer may reject Company accepts the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's Company’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. If any Goods are to be delivered in instalments, the Contract will be treated as a single contract and shall not be severable. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer Company to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer Company on completion of delivery.

Appears in 1 contract

Samples: Terms and Conditions for the Supply of Goods and Services

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery all Goods are delivered in accordance with all relevant legal requirements (regarding packaging, labelling the Goods, shipping of the Goods is accompanied by a delivery note which shows the date of the Purchase Orderdocuments, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if anyetc.,) and, if where specified, any requirements set out in the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if the Vaillant Group’s Supplier requires the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the SupplierLogistics Handbook. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 10 Business Days of the date as shall be agreed between of the parties in writingOrder; (b) to the Customer’s premises at Nottingham Road, Belper DE56 1JT or such other location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) during the Customer's ’s normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier: (a) delivers less than 95% of the quantity of Goods ordered, the Customer may reject the Goods; or (b) delivers more than 105% of the quantity of Goods ordered, the Customer may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier’s risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's ’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1Clause 7.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of deliverydelivery save that title to the Tooling shall pass to the Customer on completion of their manufacture and the Supplier shall hold all Tooling on trust for the Customer and shall have a licence to use the Tooling for the purposes of producing the Goods for the Customer only, and shall deliver up to the Customer (at the Supplier’s cost) all or any Tooling at the request of the Customer and, in the event the Supplier fails to comply with such request, the Customer shall have the right to enter into any premises of the Supplier or any third party at which the Tooling are kept to seize and remove the Tooling.

Appears in 1 contract

Samples: Contract

Delivery of Goods. 4.1 The Supplier shall ensure that: : (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; ; and (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if the Supplier requires the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The In respect of domestic contracts the Supplier shall deliver the Goods: Goods (a) on the date specified in the Purchase Order or, if no date is specified therein, then such date as shall be agreed between the parties in writing; Order; (b) to Davro's premises at the location address set out in the Purchase Order or such other location as instructed by the Customer Davro before delivery (the “"Delivery Location"); and and (c) during the CustomerDavro's normal hours of business on a Business Day, or as instructed by the CustomerDavro . 4.3 Where the goods are being supplied from overseas then unless otherwise agreed in the Contract, the Goods shall be delivered in accordance with INCOTERMS 2010 DDP, to the place defined in the Contract or, if no such place has been defined, to Davro ’s place of business. 4.4 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 4.5 If the Supplier Supplier: (a) delivers more or less than the quantity of Goods ordered, the Customer Davro may reject the Goods; or (b) delivers more than the quantity of Goods ordered, Davro may at its sole discretion reject the Goods or the excess Goods; and in either case any rejected Goods shall be returnable at the Supplier's risk and expense. If Davro accepts the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 4.6 The Supplier shall not deliver the Goods in instalments without the CustomerDavro's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer Davro to the remedies set out in clause 6.1. 4.6 4.7 Title and risk in the Goods shall pass to the Customer Davro on completion of delivery.

Appears in 1 contract

Samples: Conditions of Purchase

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier; and (d) where goods are to be delivered by the Supplier (where the Supplier is located outside the UK) into the UK: (i) all export documentation from the Supplier’s location is provided to the Customer, is accurate and complete, and supplied prior to shipment of the Goods or any part thereof; and (ii) all import documentation necessary for the importation of the Goods into the UK is provided to the Customer, is accurate and complete, and supplied prior to shipment of the Goods or any part thereof. (e) All transportation, packaging and containers (as the case may be) is environmentally compliant and fumigated (where required), with fumigation certification provided to the Customer. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such date as shall be agreed between and when requested by the parties in writingCustomer; (b) to the Customer's premises at Xxxxxxx Xxx, Xxxxxxxxxxxx XX00 0XX or such other location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 The date for delivery of Goods under clause 4(a) may be amended by the Customer so as to allow: (a) The date specified in the Order to be changed; and/or (b) For an Order to be delivered by instalments at the request of the Customer; and/or (c) The Order to be prioritised over other orders of the Customer with the Supplier. 4.4 The Supplier will co-operate with all requests from the Customer for the Order to be consolidated with other orders of the Customer (whether from the Supplier or other suppliers of the Customer), including but not limited to consolidation of shipping containers. 4.5 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. The Customer may at its discretion decline a delivery where the Supplier has failed to comply with this clause 4. 4.4 If 4.6 Unless other agreed in writing by the Customer, the Supplier delivers may not deliver more or less than the quantity of Goods ordered, the . 4.7 The Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver request delivery of the Goods in instalments without over a 12 month period from the Customer's prior written consentdate of Order. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.15.1. 4.6 4.8 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Terms and Conditions

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 4.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any)all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods (Goods, where applicable)), special storage instructions (if any) and, if the Goods are Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 4.1.2 it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any The Customer shall make any such packaging material shall only be returned to materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the cost of the Supplier's expense. 4.2 The If the Price includes delivery costs, the Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no date is specified therein, then such date as shall be agreed between the parties in writing; (b) Goods to the location set out in the Purchase Order or such other location as instructed by the parties may agree (Delivery Location) at any time after the Supplier notifies the Customer that the Goods are ready. 4.3 If the Price does not include delivery costs, the Customer shall collect the Goods from the Supplier's Premises or such other location as may be agreed with the Customer before delivery (Collection Location) within three Business Days of the “Delivery Location”); and (c) during Supplier notifying the Customer's normal hours of business on a Business Day, or as instructed by Customer that the CustomerGoods are ready. 4.3 Delivery 4.4 Subject to clause 4.7 below, delivery of the Goods shall be completed on the completion of of: 4.4.1 unloading of the Goods at the Delivery LocationLocations in the case of Goods to be delivered by the Supplier; and 4.4.2 loading of the Goods by the Customer or the Customer’s agent at the Collection Location in the case of Goods to be collected by the Customer. 4.4 If 4.5 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 delivers more with adequate delivery instructions or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made other instructions that are relevant to the invoice for supply of the Goods. 4.5 4.6 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 not have no liability for any failure to deliver the Goods in instalments without to the extent that such failure is caused by a Force Majeure Event or the Customer's prior written consent. Where it is agreed failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.7 If the Customer fails to take delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are delivered 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: 4.7.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which the Supplier notified the Customer that the Goods were ready; and 4.7.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.8 If 30 Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken 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. 4.9 The Supplier may deliver the Goods by instalments, they may which shall be invoiced and paid for separately. HoweverEach instalment shall constitute a separate contract. Subject to clause 14, failure by the Supplier to deliver any one instalment on time delay in delivery or at all or any defect in an instalment shall not entitle the Customer to the remedies set out in clause 6.1cancel any other instalment. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Terms and Conditions

Delivery of Goods. 4.1 6.1 The Goods shall be delivered to the Customer Premises or other premises as set forth in the Purchase Order on the date or within the period stated therein and in either case during the normal business hours of Customer. 6.2 Supplier shall ensure that:provide to Customer, sufficiently in advance of delivery, any instructions or other information required to enable Customer to accept delivery of the Goods. (a) the 6.3 The Goods are shall be properly packed and secured in such a manner as to enable them to reach their destination in a good condition; (b) each delivery condition in light of the nature of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of other applicable circumstances. Supplier shall off- load the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered at its own risk as directed by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if the Supplier requires the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no date is specified therein, then such date as shall be agreed between the parties in writing; (b) to the location set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location”); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery 6.4 Customer shall have no obligation to pay for or return packing cases, skids, drums or other articles used for packing the Goods whether or not re- usable. 6.5 The time of delivery of the Goods shall be completed on of the completion essence of unloading the Agreement. 6.6 All Goods should be accompanied by a detailed advice note stating the applicable Purchase Order number and giving full particulars of the Goods at the Delivery Locationsupplied. 4.4 6.7 If the Supplier delivers more or less than Goods are to be delivered by instalments the quantity of Goods ordered, the Customer may reject Agreement shall be treated as a single Agreement and not severable. 6.8 If the Goods are delivered to Customer in excess of the quantities set forth in the Purchase Order, Customer shall not be bound to pay for the excess and any rejected Goods excess shall be and remain at Supplier's risk and shall be returnable at the Supplier's risk and expense. If . 6.9 Upon delivery of the Goods to Customer, Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for either reject or accept the Goods. 4.5 The Supplier , such acceptance not to be unreasonably withheld or delayed. Customer shall not deliver have the right to reject Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver after any one instalment on time or at all or any latent defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of deliveryhas become apparent.

Appears in 1 contract

Samples: Standard Terms and Conditions

Delivery of Goods. 4.1 6.1 The Goods shall be delivered to the Customer Premises or other premises as set forth in the Purchase Order on the date or within the period stated therein and in either case during the normal business hours of Customer. 6.2 Supplier shall ensure that:provide to Customer, sufficiently in advance of delivery, any instructions or other information required to enable Customer to accept delivery of the Goods. (a) the 6.3 The Goods are shall be properly packed and secured in such a manner as to enable them to reach their destination in a good condition;condition in light of the nature of the Goods and other applicable circumstances. Supplier shall off-load the Goods at its own risk as directed by Customer. (b) each 6.4 Customer shall have no obligation to pay for or return packing cases, skids, drums or other articles used for packing the Goods whether or not re- usable. 6.5 The time of delivery of the Goods is shall be of the essence of the Agreement. 6.6 All Goods should be accompanied by a delivery detailed advice note which shows stating the date applicable Purchase Order number and giving full particulars of the Goods supplied. 6.7 If the Goods are to be delivered by instalments the Agreement shall be treated as a single Agreement and not severable. 6.8 If the Goods are delivered to Customer in excess of the quantities set forth in the Purchase Order, Customer shall not be bound to pay for the Purchase Order number (if any), the type excess and quantity any excess shall be and remain at Supplier's risk and shall be returnable at Supplier's expense. 6.9 Upon delivery of the Goods (including to Customer, Customer shall either reject or accept the code number Goods, such acceptance not to be unreasonably withheld or delayed. Customer shall have the right to reject Goods after any latent defect in the Goods has become apparent. 6.10 Without prejudice to any other right or remedy Customer may have, if any Goods are not supplied in accordance with, or if Supplier fails to comply with, any of the Goods (where applicable))terms of this Agreement, special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance Customer shall be entitled to avail itself of Goods remaining to be delivered; and (c) if the Supplier requires the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost one or more of the Supplier. 4.2 The Supplier shall deliver the Goodsfollowing remedies at its discretion: (a) to reject the Goods (in whole or in part) and return them to Supplier at the risk and cost of Supplier on the date specified in basis that a full refund for the Purchase Order or, if no date is specified therein, then such date as Goods so returned shall be agreed between the parties in writingpaid forthwith to Customer by Supplier; (b) to give Supplier the location set out opportunity (at Supplier's expense) either to remedy any defect in the Purchase Order Goods or as instructed by to supply replacement Goods and carry out any other necessary work to ensure that the Customer before delivery (terms of the “Delivery Location”); andAgreement are fulfilled; (c) during the Customerto obtain such damages as may have been as a result of or in connection with Supplier's normal hours of business on a Business Day, breach or as instructed by the Customer. 4.3 Delivery breaches of the Goods shall be completed on the completion of unloading of the Goods at the Delivery LocationAgreement; or (d) to terminate this Agreement in whole or in part immediately upon giving written notice to Supplier. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Standard Terms and Conditions

Delivery of Goods. 4.1 5.1. The Supplier shall ensure that: (a) 5.1.1. the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 5.1.2. each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 5.1.3. it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 5.2. The Supplier shall deliver the Goods: (a) 5.2.1. on the date specified in the Purchase Order or, if no date is specified therein, then such date (Delivery Date); 5.2.2. carriage paid to the Delivery Location or as shall be otherwise agreed between by the parties Customer in writing; (b) to the location set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location”); and (c) 5.2.3. during the Customer's normal hours of business on a Business Day, or as otherwise instructed by the Customer; and 5.2.4. in accordance with the Customer’s instructions notified to the Supplier from time to time in writing. 4.3 5.3. Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. The Customer shall be entitled to reject a delivery if in its opinion there is a health and safety issue with the delivery (such as where the container or package has not been loaded properly). 4.4 5.4. The Customer shall not be deemed to have accepted any Goods or Services until it has had a reasonable time to inspect them following delivery or after any latent defect has become apparent. Neither any inspection or testing by the Customer or its representatives whether before or after physical delivery of the Goods or completion of the Services nor the signing of any document acknowledging physical receipt of any Goods or completion of any Services shall constitute acceptance or approval of the Goods/Services by the Customer. 5.5. Delivery of the Goods shall be made within the time set out in the Purchase Order or as otherwise agreed between the Customer and the Supplier. Time for delivery shall be of the essence. If the Supplier delivers more or less than believes that it may not be able to complete an Purchase Order in accordance with its terms it shall immediately advise the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the GoodsCustomer’ representative. 4.5 5.6. The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.17.1. 4.6 5.7. The Customer may inspect and test the Goods at any time within 14 days of delivery. The Supplier shall remain fully responsible for the Goods despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 5.8. Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Supply of Goods & Services Purchase Agreement

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) 4.1.1 the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 4.1.2 each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 4.1.3 it states clearly on the Supplier requires the Customer delivery note any requirement for Wilko to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) 4.2.1 on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 2 days of the date as shall be agreed between of the parties in writingOrder; (b) 4.2.2 to Wilko’s premises at the location as is set out in the Purchase Order or as instructed by the Customer Wilko before delivery (the “"Delivery Location"); and (c) 4.2.3 during the Customer's Wilko’s normal hours of business on a Business Day, or as instructed by the CustomerWilko. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier: 4.4.1 delivers less than 95% of the quantity of Goods ordered, Wilko may reject the Goods; or 4.4.2 delivers more than 105% of the quantity of Goods ordered, Wilko may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier’s risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, and Wilko accepts the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's Wilko’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer Wilko to the remedies set out in clause 6.16. 4.6 Title and risk in the Goods shall pass to the Customer Wilko on completion of delivery.

Appears in 1 contract

Samples: Supplier Terms and Conditions

Delivery of Goods. 4.1 The Supplier Contractor shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if it states clearly on the Supplier requires delivery note any requirement for the Customer Agent to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery noteContractor. Any such packaging material shall only be returned to the Supplier Contractor at the cost of the SupplierContractor. 4.2 The Supplier Contractor shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within seven (7) days of the date as shall be agreed between of the parties in writingOrder; (b) to the location set out detailed in the Purchase Order or as instructed by on behalf of the Customer Client before delivery (the “Delivery Location); and (c) during the Customer's Agent’s normal hours of business on a Business Day, or as instructed by the CustomerAgent. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier Contractor: (a) delivers less than 95% of the quantity of Goods ordered, the Agent may reject the Goods; or (b) delivers more than 105% of the quantity of Goods ordered, the Agent may at its sole discretion reject the Goods or the excess Goods, (c) and any rejected Goods shall be returnable at the Contractor’s risk and expense. If the Contractor delivers more or less than the quantity of Goods ordered, and the Customer may reject Agent accepts the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, the Contractor shall make a pro pro-rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier Contractor shall not deliver the Goods in instalments without the Customer's Agent’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier Contractor to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer Agent to the remedies set out in clause Clause 6.1. 4.6 Title and risk in the Goods shall pass to the Customer Client on completion of delivery.

Appears in 1 contract

Samples: Standard Terms and Conditions for the Purchase of Goods and Services

Delivery of Goods. 4.1 4.1. The Supplier shall ensure that: (a) 4.1.1. the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 4.1.2. if not provided prior to delivery, each delivery of the Goods is accompanied by a statement that provides details of the export controls that apply to the Goods, or that no confirms that no export controls apply. 4.1.3. each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 4.1.4. it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 4.2. The Supplier shall deliver the Goods: (a) 4.2.1. on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 30 (thirty) days of the date as shall be agreed between of the parties in writingOrder; (b) 4.2.2. to the location set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) 4.2.3. during the Customer's normal hours ’s Normal Hours of business Business on a Business Day, or as instructed by the Customer. 4.3 4.3. Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense4.4. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's ’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 4.5. Title and risk in the Goods shall pass on the earlier of first payment, allocation of Goods or materials to the Order, or completion of delivery. 4.6. Risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Contract

Delivery of Goods. 4.1 The Supplier shall ensure 3.1. Delivery (“Delivery”) of the Goods is taken to occur at the time that: (a) The Customer (or the Customer’s Personnel) takes possession of the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition;at BSQ’s address; or (b) each BSQ (or BSQ’s Personnel) delivers the Goods to the Customer’s Delivery Address, even if the Customer is not present at the address. 3.2. At BSQ’s sole discretion, the cost of Delivery is in addition to the Price. 3.3. The Customer must take Delivery of the Goods whenever they are tendered for Delivery. 3.4. Any time specified by BSQ for Delivery of the Goods is an estimate only and BSQ will not be liable for any loss or damage incurred by the Customer because of Delivery being late. However, both parties agree that they shall make every endeavour to enable the Goods to be delivered at the time and place as was arranged between both parties. If BSQ is unable to supply the Goods as agreed solely due to any action or inaction of the Customer, then BSQ shall be entitled to charge a reasonable fee for redelivery and/or storage. 3.5. BSQ may deliver the Goods in separate instalments. Each separate instalment shall be invoiced and paid in accordance with the provision of these Terms or a Contract. 3.6. The Customer must ensure the Customer’s Personnel will be available to take delivery of the Goods is accompanied and, if requested by BSQ, sign a delivery note which shows docket on the date Customer’s behalf. However, BSQ may deliver the Goods notwithstanding no Customer Personnel are available to accept delivery. 3.7. BSQ’s responsibility for delivery of Goods ceases at the kerbside or public roadway frontage of the Purchase Order, the Purchase Order number (if any), the type and quantity Delivery Address. 3.8. The Customer must provide safe access for delivery of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if anyproviding safety measures such as traffic control) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining and BSQ may refuse to be delivered; and (c) if the Supplier requires the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) on the date specified , and in the Purchase Order orcase of the Goods, return them at the Customer’s cost, if no date is specified therein, then such date as shall BSQ or a member of BSQ’s Personnel reasonably considers it would be agreed between the parties in writing; (b) unsafe to the location set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location”); and (c) during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for deliver the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without 3.9. If at the Customer's prior written consent’s request, the delivery vehicle leaves the road and enters the Delivery Address to unload, the Customer is responsible for providing suitable and safe access for BSQ’s delivery vehicle and agrees to indemnify BSQ and its Personnel for all damage (including, without limitation, damage to pathways, driveways and concreted or paved or grassed areas) and injury to any person and to any public or private property which may result, including any costs associated with enabling the delivery vehicle to leave the site, unless due to the negligence of BSQ. 3.10. Where it It is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle responsibility of the Customer to ensure that access is suitable to accept the remedies set out weight of laden trucks. The Customer agrees to indemnify BSQ against all costs incurred by BSQ in clause 6.1recovering such vehicles if they become bogged or otherwise immovable. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Order for Goods and/or Services

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are marked in accordance with the Customer’s instructions and properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note containing information as the Customer reasonably require which shows includes a Certificate of Analysis, Certificate of Conformity and/or a Certificate of Origin and any other documentation required by the date Customer for the purposes of importation, exportation or customers clearance of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be deliveredGoods; and (c) if it notifies the Customer of any harmful or potentially harmful properties or ingredients in the Goods and any hazardous Goods must be marked by the Supplier requires with the Customer international danger symbols and all warning notices are to return any packaging material for the Goods to the Supplier, that fact is be clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplierdisplayed. 4.2 The Supplier shall deliver the Goods: (a) on the date Delivery Date(s) specified in the Purchase Order Order, in which case time for delivery shall be of the essence or, if no such date is specified thereinspecified, then such within a reasonable period from the date as shall be agreed between of the parties in writingPurchase Order; (b) to the location Delivery Location set out in the Purchase Order or as otherwise instructed by the Customer before delivery (the “Delivery Location”)delivery, in writing; and (c) where applicable, during the Customer's ’s normal hours of business on a Business Day, or as instructed by the Customerbusiness day. 4.3 Delivery Unless otherwise agreed in the Purchase Order delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If Risk and title in the Supplier delivers more or less than the quantity of Goods ordered, shall pass to the Customer may reject either: (a) in accordance with the Goods and any rejected Goods shall be returnable at relevant INCOTERM specified in the Supplier's risk and expense. If Purchase Order; or (b) if no INCOTERM is speciified in the Customer accepts such a deliveryorder, a pro rata adjustment shall be made to the invoice for the Goodson on delivery in accordance with clause 4.2(b). 4.5 The Customer shall not be deemed to have accepted any Goods until the later of: (a) 30 days after the date of delivery and unloading; and (b) in the case of latent defects, 30 days after any latent defects in the Goods has become apparent. 4.6 The Supplier shall not deliver Goods by instalments except with the Goods in instalments without prior written consent of the Customer's prior written consent. Where it is agreed that the Goods are to be delivered by instalments, they may be invoiced and paid for separately. However, failure by separately only with the Supplier to deliver prior written consent of the Customer. 4.7 Acceptance of any one instalment on time or at all or any defect in an instalment Goods shall entitle the Customer be without prejudice to the Customer’s rights and remedies including those set out in clause 6.1clauses 7 and 10. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Terms and Conditions Agreement

Delivery of Goods. 4.1 5.1 Time for delivery of the Goods shall be of the essence of the Order. 5.2 The Supplier shall ensure that: (a) 5.2.1 the Goods are properly packed and secured in such manner as to enable them to reach their destination in good conditioncondition at no extra cost to the Customer; (b) 5.2.2 each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 5.2.3 it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 5.3 The Supplier shall deliver the Goods: (a) 5.3.1 on the date specified in the Purchase Order or, if no date is specified therein, then such other date as shall may be agreed between notified by the parties in writingCustomer from time to time; (b) 5.3.2 to the location Customer's premises as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) 5.3.3 during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 5.4 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. The Supplier shall off-load the goods as directed by the Customer. 4.4 5.5 If the Supplier delivers more or less than Goods are not delivered on the quantity of Goods ordereddue date in strict compliance with the specification and volume set out in the Order then, without prejudice to any other rights which it may have, the Customer may reject reserves the right to: 5.5.1 cancel the order in whole or in part; 5.5.2 refuse to accept any subsequent delivery of the Goods and which the Supplier attempts to make; 5.5.3 recover from the Supplier any rejected Goods shall be returnable at the Supplier's risk and expense. If expenditure reasonably incurred by the Customer accepts such a deliveryin obtaining the Goods in substitution from another Supplier; and 5.5.4 claim damages for any additional costs, a pro rata adjustment shall be made loss or expenses incurred by the Customer which are in any way attributable to the invoice for the Goods. 4.5 The Supplier shall not Suppliers failure to deliver the Goods on the due date, In each case without incurring any liability to the Supplier for doing so, howsoever arising. 5.6 Where the Customer agrees in writing to accept delivery in instalments without the Customer's prior written consentOrder shall be construed as a single contract in respect of each instalment. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. HoweverNevertheless, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer at its option to treat the remedies set out in clause 6.1whole Order as repudiated. 4.6 5.7 Title and risk in the Goods shall pass to the Customer on completion of delivery. 5.8 If the Goods are delivered to the Customer in excess of the quantities ordered the Customer shall not be bound to pay for the excess and any excess will be and will remain at the Suppliers risk until collected by the Supplier at its expense. 5.9 The Customer may reject any Goods delivered which are not in accordance with the Order and shall not be deemed to have accepted any Goods until the Customer has had reasonable time to inspect them following delivery or, if later, within a reasonable time after any latent defect in the Goods has become apparent. 5.10 The Supplier shall keep the Customer fully informed as to the progress of the Order and shall promptly and properly answer any reasonable requests for information relating to the Order made by the Customer.

Appears in 1 contract

Samples: Standard Terms and Conditions

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) 4.1.1 the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 4.1.2 each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (c) if 4.1.3 it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Goods: (a) 4.2.1 on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such date as shall be agreed between the parties in writingparties; (b) 4.2.2 to the location address as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location”); andand‌ (c) 4.2.3 during the Customer's normal hours of business on a Business Day, Hours or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier Supplier: 4.4.1 delivers more or less than 95% of the quantity of Goods ordered, the Customer may reject the Goods; or 4.4.2 delivers more than 105% of the quantity of Goods ordered, the Customer may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, and the Customer accepts such a the delivery, the Supplier shall make a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consentconsent or as set out in an Order. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.17.1. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Standard Purchasing Contract

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) 4.1.1 the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) 4.1.2 each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any), the type and quantity of the Goods (including the code number of the Goods (where applicable)), special storage instructions (if any) and, if the Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and; (c) if 4.1.3 it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier; and 4.1.4 each delivery of the Goods is accompanied by any declaration of conformity, or other certificate required for the Goods under applicable laws and any safety precautions required for the handling of the Goods; and 4.1.5 all legally required serial numbers and XX xxxxx are clearly indicated on the outer packaging of the Goods. 4.2 The Supplier shall deliver the Goods: (a) 4.2.1 on the date specified in the Purchase Order or, if no such date is specified thereinspecified, then such within 90 days of the date as shall be agreed between of the parties in writingOrder; (b) 4.2.2 to the Customer's premises at Edinburgh Way, Harlow, Essex, CM20 2TT or such other location as is set out in the Purchase Order or as instructed by the Customer before delivery (the “Delivery Location); and (c) 4.2.3 during the Customer's normal hours of business on a Business Day, or as instructed by the Customer. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 If the Supplier delivers more or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made to the invoice for the Goods. 4.5 The Supplier shall not deliver the Goods in instalments without the Customer's prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in clause 6.1. 4.6 4.5 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Terms and Conditions for the Purchase of Goods and Services

Delivery of Goods. 4.1 The Supplier shall ensure that: (a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any)unique delivery note number, the relevant Customer order number, the type and quantity of the Goods (including the code number of the Goods (Goods, where applicable)), special storage instructions (if any) and, if the Goods are Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (cb) if it states clearly on the Supplier requires delivery note any requirement for the Customer to return any packaging material for the Goods to the Supplier, that fact is clearly stated on the delivery note. Any The Customer shall make any such packaging material shall only be returned to materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the cost of the Supplier's expense. 4.2 The Supplier shall deliver the Goods: (a) on the date specified in the Purchase Order or, if no date is specified therein, then such date as shall be agreed between the parties in writing; (b) Goods to the location set out in the Purchase Order or such other location as instructed by the parties may agree at any time after the Supplier notifies the Customer that the Goods are ready, or if no location is set out in the Order, or if agreed between the parties the Customer shall collect the Goods from the Supplier's premises at XXX Xxxxx 0 Xxxxxxx Xxxx Road, Xxxxxx Arms Business Park, Xxxxxx Arms, Shropshire, SY7 8DU (or such other location as may be notified to the Customer before delivery (delivery, in each case called the Delivery Location”); and (c) during within three Business Days of the Customer's normal hours Supplier notifying the Customer that the Goods are ready. Subject to the specific terms of business on a Business Day, or as instructed any special delivery service employed by the CustomerSupplier, delivery can take place at any time between 8.00 am and 5.00 pm, and the Customer shall ensure that delivery of the Goods can take place during such time period. 4.3 Delivery of the Goods shall be completed on the completion of unloading or loading (as the case may be) of the Goods at the Delivery Location. 4.4 If 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 delivers more with adequate delivery instructions or less than the quantity of Goods ordered, the Customer may reject the Goods and any rejected Goods shall be returnable at the Supplier's risk and expense. If the Customer accepts such a delivery, a pro rata adjustment shall be made other instructions that are relevant to the invoice for 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 not have no liability for any failure to deliver the Goods in instalments without to the extent that such failure is caused by a Force Majeure Event or the Customer's prior written consent. Where it is agreed 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 take or accept (as the case may be) delivery of the Goods within three Business Days of the Supplier notifying the Customer that the Goods are delivered 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 third 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 (as agreed between the parties) and charge the Customer for all related costs and expenses (including, but not limited to transportation, storage and insurance). 4.7 If ten Business Days after the Supplier notified the Customer that the Goods were ready for delivery the Customer has not taken or accepted (as the case may be) delivery of them for any reason whatsoever, 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 Supplier may deliver the Goods by instalments, they may which shall be invoiced and paid for separately. However, failure by the Supplier to deliver any one Each instalment on time shall constitute a separate contract. Any delay in delivery or at all or any defect in an instalment shall not entitle the Customer to the remedies set out in clause 6.1cancel any other instalment. 4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery.

Appears in 1 contract

Samples: Supply Agreement