Delivery of Goods. 4.1 Voip Unlimited shall ensure that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense. 4.2 Voip Unlimited shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited notifies the Reseller that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location. 4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Reseller's failure to provide Voip Unlimited with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If Voip Unlimited fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. 4.6 Voip Unlimited shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Reseller's failure to provide Voip Unlimited with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.7 If the Reseller fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited notifying the Reseller that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited'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 eleventh Business Day following the day on which Voip Unlimited notified the Reseller that the Goods were ready; and (b) Voip Unlimited shall store the Goods until delivery takes place and charge the Reseller for all related costs and expenses (including insurance). 4.8 If thirty Business Days after Voip Unlimited notified the Reseller that the Goods were ready for delivery the Reseller or its End User has not accepted delivery of them, Voip Unlimited may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Reseller for any excess over the price of the Goods or charge the Reseller for any shortfall below the price of the Goods.
Appears in 3 contracts
Samples: Master Service Agreement, Master Service Agreement, Master Service Agreement
Delivery of Goods. 4.1 Voip Unlimited Citipost shall ensure that:
(a) that each delivery of the Goods is accompanied by a delivery note which shows details the date of relevant Citipost reference numbers and the Order, all relevant Reseller and Voip Unlimited reference numbers, the type description and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited The parties shall specify in the Print Management Order as to how Goods are to be delivered to the Customer or if the Customer will collect the Goods from Citipost. Where:
(a) Citipost agrees to deliver the Goods to the Customer, the “Delivery Location” shall be the location set out in the Print Management Order or such other location as the parties may agree;
(b) if the parties agree (that the Customer shall collect the Goods from Citipost, the “Delivery Location” shall be either Citipost’s premises at Criterion Building, Xxxxxxxx Xxxxx Xxx Xxxxx, Xxxxxxxxx, XX 00 0XX or such mailing house as may be advised by Xxxxxxxx before delivery. The Customer shall collect the Goods from Citipost within five (5) at any time after Voip Unlimited notifies Business Days of Citipost notifying the Reseller Customer that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the Goods' ’ arrival at the Delivery Location or on completion of loading of the Goods at the Delivery Location, as applicable.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited Citipost shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Reseller's Customer’s failure to provide Voip Unlimited Citipost with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If Voip Unlimited Citipost fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of paid for the Goods.
4.6 Voip Unlimited . Citipost shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event Event, the Reseller's Customer’s failure to provide Voip Unlimited Citipost with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.6 If the Reseller Customer fails to accept or take delivery of the Goods within ten five (5) Business Days of Voip Unlimited Citipost notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited's Xxxxxxxx’s failure to comply with its obligations under the Print Management Contract in respect of the Goods:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh sixth (6th) Business Day following the day on which Voip Unlimited Citipost notified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited Citipost shall store the Goods until delivery takes place and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 4.7 If thirty ten (10) Business Days after Voip Unlimited Citipost notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User Customer has not accepted or taken delivery of them, Voip Unlimited Citipost may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account Goods.
4.8 The Customer shall not be entitled to the Reseller for any excess over the price of reject the Goods if Xxxxxxxx delivers up to and including five (5) per cent more or charge less than the Reseller quantity of Goods ordered.
4.9 Citipost may deliver the Goods by instalments, which may be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any shortfall below the price of the Goodsother instalment.
Appears in 3 contracts
Samples: Customer Service Agreement, Customer Service Agreement, Customer Service Agreement
Delivery of Goods. 4.1 Voip Unlimited The Supplier shall ensure that:
(a) that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbersthe contract number, the type and quantity of the Goods (including the code number of the Goods, where applicable), ) and special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense).
4.2 Voip Unlimited In relation to each Order, either:
(a) The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited notifies on the Reseller that Delivery Date. Delivery is completed when the Supplier places the Goods are ready.
4.3 Delivery of at the Goods shall be completed on the Goods' arrival Customer's disposal at the Delivery Location; or
(b) The Customer shall collect the Goods from the Supplier’s premises at Xxxx 0-0, Xxxxxxx Xxxxxxxxxx Xxxxxx, Goat Xxxx Xxxx Xxxxxxx, Xxxxxxx Xxxxxx, XX00 0XX or such other location as may be advised by the Supplier prior to delivery (Collection Location) on the Deliver Date. Delivery is completed on the completion of loading of the Goods specified in the Order onto the Customer’s carrier at the Collection Location. Whether clause 4.2(a) or clause 4.2(b) applies shall be specified in the Order and confirmed by the Supplier in the Supplier’s written acceptance of that Order.
4.3 Following acceptance of the Order from the Supplier in accordance with clause 2.2, the Supplier shall confirm to the Customer the date on which the Goods specified in the Order shall be delivered to the Delivery Location or shall be ready for collection from the Collection Location (as applicable) (Delivery Date).
4.4 The Supplier may agree at its discretion to install the Goods at the Delivery Location. Any such agreement shall be confirmed by the Supplier in the Supplier’s written acceptance of that Order. Where the Goods are to be installed by the Supplier, the Customer shall give unrestricted access to its premises, the installation location and to any information or materials which may be required to enable the Supplier to undertake such installation.
4.5 When the Goods are installed at the Delivery Location by the Supplier and the Supplier agrees at its discretion to remove the packaging materials from the Delivery Location, the Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. Where the Goods are not installed by the Supplier or where the Supplier does not agree to remove the packaging materials from the Delivery Location, such packaging materials shall be removed by the Customer at the Customer’s cost.
4.6 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited Delays in the delivery of an Order shall not entitle the Customer to refuse to take delivery of the Order; claim damages; or terminate this Contract. The Supplier shall not be liable for any delay in delivery of the Goods that Goods, whether such delay is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If Voip Unlimited fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Reseller's failure to provide Voip Unlimited with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goodsotherwise.
4.7 If the Reseller Customer fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited notifying on the Reseller that the Goods are readyDelivery Date, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimitedthe 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 eleventh Business Day following the day on which Voip Unlimited notified the Reseller that the Goods were readyDelivery Date; and
(b) Voip Unlimited shall the Supplier may charge the Customer a reasonable charge for waiting time for any time spent waiting in excess of the original delivery time until the Customer accepts delivery; and
(c) the Supplier may store the Goods until delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 If thirty Business Days after Voip Unlimited notified . In the Reseller event that the Supplier stores the Goods beyond the end of the month that the Goods were ready should have been delivered, the Supplier reserves the right to invoice the Customer in full for delivery the Reseller or its End User has not accepted delivery of them, Voip Unlimited may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Reseller for any excess over the price of the Goods (which shall be paid by the Customer is accordance with clause 8).
4.8 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or charge defect in an instalment shall not entitle the Reseller for Customer to cancel any shortfall below the price of the Goodsother instalment.
Appears in 3 contracts
Samples: Terms and Conditions, Terms and Conditions, Terms and Conditions
Delivery of Goods. 4.1 Voip Unlimited shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree and where applicable delivery may be made remotely (Delivery Location) at any time after Voip Unlimited the Supplier notifies the Reseller Customer that the Goods are ready.
4.3 4.2 Delivery of the Goods shall be completed on the Goods' arrival completion of unloading of the Goods at the Delivery LocationLocation or if the Goods comprise software on the delivery of that software which may be installed remotely.
4.4 4.3 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.Goods including a failure by the Customer to provide the Supplier with remote access for the installation of software
4.5 4.4 If Voip Unlimited the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions for the Goods or failing to enable the Supplier to have remote access, or any relevant instruction related to the supply of the Goods.
4.7 4.5 If the Reseller Customer fails to accept or take delivery of the Goods or enabling access by the Supplier remotely, within ten three Business Days of Voip Unlimited the Supplier notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimitedthe 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 eleventh third Business Day following the day on which Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited the Supplier shall store the Goods until delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 4.6 If thirty ten Business Days after Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User Customer has not accepted delivery of themthem or enabled remote access for installation of software, Voip Unlimited 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 Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
4.7 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
Appears in 3 contracts
Samples: Cloud Services Agreement, Supply Agreement, Supply Agreement
Delivery of Goods. 4.1 Voip Unlimited 5.1 The Supplier shall ensure that:
(a) that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller Customer and Voip Unlimited Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, and if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and.
5.2 As set out in the Order, either:
(ba) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited Supplier shall deliver the Goods to the Customer to the location set out in the Order or such other location as the parties may agree and will take reasonable endeavours to deliver the next working day in Great Britain. The Supplier will take reasonable endeavours to deliver the Goods to Customer’s in the Scottish Highlands and islands including Northern Ireland and Eire within 3 Business Days dependant on location (Delivery Location); or
(b) the Customer shall collect the Goods from the Supplier's premises (Delivery Location) at any time after Voip Unlimited notifies within three Business Days of the Reseller Supplier notifying the Customer that the Goods are ready.
4.3 5.3 Delivery of the Goods shall be completed on the Goods' arrival completion of unloading or loading of the Goods at the Delivery Location.
4.4 5.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 5.5 If Voip Unlimited the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 5.6 If the Reseller Customer fails to take or accept or take delivery of the Goods within ten three Business Days of Voip Unlimited the Supplier notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimitedthe 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 eleventh fourth Business Day following the day on which Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited the Supplier shall store the Goods until delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 5.7 If thirty ten Business Days after Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User Customer has not taken or accepted delivery of them, Voip Unlimited 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 Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
5.8 If the Supplier delivers up to and including 5% more or less than the quantity of Goods ordered the Customer may not reject them, but on receipt of notice from the Customer that the wrong quantity of Goods was delivered, the Supplier shall make a pro rata adjustment to the invoice for the Goods.
5.9 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
Appears in 2 contracts
Samples: Terms and Conditions for the Sale of Goods and Services, Terms and Conditions for the Sale of Goods and Services
Delivery of Goods. 4.1 Voip Unlimited shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller Customer and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller Customer to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller Customer shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited notifies the Reseller Customer that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If Voip Unlimited fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 . Voip Unlimited shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the ResellerCustomer's failure to provide Voip Unlimited with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.6 If the Reseller Customer fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited'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 eleventh Business Day following the day on which Voip Unlimited notified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited shall store the Goods until delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 4.7 If thirty Business Days after Voip Unlimited notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User Customer has not accepted delivery of them, Voip Unlimited may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
Appears in 2 contracts
Delivery of Goods. 4.1 Voip Unlimited shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited Insta shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any a time agreed by the parties after Voip Unlimited Insta notifies the Reseller Customer that the Goods are ready or as soon as practicable thereafter. In the event that the parties agree that the Deliver Location shall be Insta's premises at Insta House, Ivanhoe Road, Hogwood Business Park, Finchampstead, Berkshire RG40 4PZ or such other location as may be advised by Insta before delivery, then the Customer shall collect the Goods within three Business Days of Insta notifying the Customer that the Goods are ready.
4.3 4.2 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
4.4 4.3 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited Insta shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited Insta with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 4.4 If Voip Unlimited Insta fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . Insta shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the ResellerCustomer's failure to provide Voip Unlimited Insta with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.5 If the Reseller Customer fails to accept or take delivery of the Goods within ten 10 Business Days of Voip Unlimited Insta notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip UnlimitedInsta's failure to comply with its obligations under the Contract in respect of the Goods:
(a) 4.5.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh 11th Business Day following the day on which Voip Unlimited Insta notified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited 4.5.2 Insta shall store the Goods until delivery takes place place, and charge the Reseller for Customer f or all related costs and expenses (including insurance).
4.8 4.6 If thirty 15 Business Days after Voip Unlimited Insta notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User Customer has not accepted or taken delivery of them, Voip Unlimited Insta may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
4.7 The Customer shall not be entitled to reject the Goods if Insta delivers up to and including 10 per cent more or less than the quantity of Goods ordered.
4.8 Insta may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
Appears in 2 contracts
Delivery of Goods. 4.1 Voip Unlimited 4.1. Pen Telecom shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller Customer and Voip Unlimited Pen Telecom reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited Pen Telecom requires the Reseller Customer to return any packaging material to Voip UnlimitedPen Telecom, that fact is clearly stated on the delivery note. The Reseller Customer shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably Pen Telecomshallreasonably request. Returns of packaging materials shall be at Voip Unlimited's Pen Telecom’s expense.
4.2 Voip Unlimited 4.2. Pen Telecom shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited Pen Telecom notifies the Reseller Customer that the Goods are ready.
4.3 4.3. Delivery of the Goods shall be completed on the Goods' ’ arrival at the Delivery Location.
4.4 4.4. Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited Pen Telecom shall not be liable for any delay in delivery of deliveryof the Goods that is caused by a Force Majeure Event or the Reseller's Customer’s failure to provide Voip Unlimited with PenTelecomwith adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 4.5. If Voip Unlimited Pen Telecom fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.Customer
4.6 Voip Unlimited shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Reseller's failure to provide Voip Unlimited with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.6. If the Reseller Customer fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited Pen Telecom notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited's failure to comply with its obligations under the Contract in respect of the Goods:where
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh Business Day following Dayfollowing the day on which Voip Unlimited notified PenTelecomnotified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited Pen Telecom shall store the Goods until delivery takes place and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 4.7. If thirty Business Days after Voip Unlimited Pen Telecom notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User has not accepted delivery of them, Voip Unlimited may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Reseller for any excess over the price of the Goods or charge the Reseller for any shortfall below the price of the Goods.Customer has
Appears in 1 contract
Samples: Master Service Agreement
Delivery of Goods. 4.1 Voip Unlimited The Customer hereby appoints Fastwalker Digital as its agent to appoint the Delivery Providers.
4.2 The Goods shall not be delivered until all sums payable by the Customer under the Contract to Delivery Providers have been paid in full (in cash or cleared funds) unless Fastwalker Digital at its absolute discretion agrees in writing otherwise.
4.3 In the case of Goods to be delivered to the Customer:
4.3.1 Fastwalker Digital shall use reasonable endeavours to ensure that:
(a) 4.3.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller Customer and Voip Unlimited Fastwalker Digital reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) 4.3.1.2 if Voip Unlimited Fastwalker Digital requires the Reseller Customer to return any packaging material to Voip UnlimitedFastwalker Digital, that fact is clearly stated on the delivery note. The Reseller Customer shall make any such packaging materials available for collection at such times as Voip Unlimited Fastwalker Digital shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.;
4.2 Voip Unlimited shall deliver 4.3.1.3 the Delivery Provider delivers the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) Location at any time after Voip Unlimited Fastwalker Digital notifies the Reseller Customer that the Goods are ready.;
4.3 Delivery 4.3.2 delivery of the Goods shall be completed on the Goods' ’ arrival at the Delivery Location;
4.3.3 if the Customer fails to accept delivery of the Goods, then except where such failure is caused by a Force Majeure Event or by Fastwalker Digital’s failure to comply with its obligations under the Contract in respect of the Goods:
4.3.3.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the second Business Day following the day on which Fastwalker Digital notified the Customer that the Goods were ready; and
4.3.3.2 Fastwalker Digital shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance); and
4.3.4 if 5 (five) Business Days after Fastwalker Digital notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Fastwalker Digital 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.
4.4 In the case of Goods to be delivered to third parties (excluding Delivery Providers):
4.4.1 Fastwalker Digital shall procure that the Delivery Provider uses reasonable endeavours to deliver the Goods materially in accordance with the delivery instructions notified in writing
4.4.2 delivery of the Goods shall be completed once in the possession or control of the Delivery Provider.
4.5 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited Fastwalker Digital shall not be liable for any delay in delivery of the Goods that is caused by by:
4.5.1 a Force Majeure Event or Event; or
4.5.2 the Reseller's Customer’s failure to provide Voip Unlimited Fastwalker Digital with adequate delivery instructions or instructions; or
4.5.3 any failure by the Customer to adhere to the Production Schedule; or
4.5.4 any other instructions that are relevant to the supply of the Goods.
4.5 4.6 If Voip Unlimited Fastwalker Digital fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . Fastwalker Digital shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Reseller's Customer’s failure to provide Voip Unlimited Fastwalker Digital with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 If the Reseller fails The Customer shall not be entitled to accept or take delivery of reject the Goods within ten Business Days if Fastwalker Digital delivers up to and including 5% more or less than the quantity of Voip Unlimited notifying Goods ordered, but a pro rata adjustment shall be made to the Reseller Order invoice on receipt of notice from the Customer that the wrong quantity of Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited'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 eleventh Business Day following the day on which Voip Unlimited notified the Reseller that the Goods were ready; and
(b) Voip Unlimited shall store the Goods until delivery takes place and charge the Reseller for all related costs and expenses (including insurance)was delivered.
4.8 If thirty Business Days after Voip Unlimited notified the Reseller that Fastwalker Digital may deliver the Goods were ready by instalments, which shall be invoiced and paid for delivery the Reseller or its End User has not accepted delivery of them, Voip Unlimited may resell or otherwise dispose of part or all separately. Each instalment shall constitute a separate contract. The failure of the Goods and, after deducting reasonable storage and selling costs, account Customer to the Reseller pay for any excess over the price one or more of the Goods said instalments on the due dates shall entitle Fastwalker Digital (at its sole option) without notice to suspend further deliveries in connection with the Contract pending payment by the Customer OR (at its sole option) for Fastwalker Digital to treat the Contracts as repudiated. Any delay in delivery or charge defect in an instalment shall not entitle the Reseller Customer to cancel or forfeit payment for any shortfall below the price of the Goodsother instalment.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Delivery of Goods. 4.1 Voip Unlimited shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree ("Delivery Location") at any time after Voip Unlimited the Supplier notifies the Reseller Customer that the Goods are ready.
4.3 4.2 Delivery of the Goods shall be completed on the Goods' arrival completion of unloading of the Goods at the Delivery Location.
4.4 4.3 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 4.4 If Voip Unlimited the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market availablequality, less the price of the Goods.
4.6 Voip Unlimited . The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.5 If the Reseller Customer fails to accept or take delivery of the Goods within ten five Business Days of Voip Unlimited the Supplier notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimitedthe Supplier's failure to comply with its obligations under the Contract in respect of the Goods:
(a) 4.5.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh fifth Business Day following the day on which Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited 4.5.2 the Supplier shall store the Goods until delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance)) in the sum of £50 plus VAT per day.
4.8 4.6 If thirty 30 Business Days after Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User Customer has not accepted delivery of them, Voip Unlimited the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage costs in accordance with clause 4.5.2 and selling costs, account to the Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
Appears in 1 contract
Samples: Terms and Conditions
Delivery of Goods. 4.1 Voip Unlimited shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. 5.1 The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited Supplier shall deliver the Goods to the location set out in the Order Quotation or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited the Supplier notifies the Reseller Customer that the Goods are ready.
4.3 5.2 The Supplier may use a third party courier service of its choice to deliver the Goods to the Customer. The Customer shall take any risk of deterioration in the Goods which are incident of the course of delivery by a courier.
5.3 Delivery of the Goods shall be completed on the Goods' arrival completion of unloading of the Goods at the Delivery Location.
4.4 5.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the GoodsGoods or the Customer’s failure to comply with its obligations under this agreement.
4.5 5.5 If Voip Unlimited the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions for the Goods or any other instructions that are relevant instruction related to the supply of the Goods.
4.7 5.6 If the Reseller Customer fails to accept or take delivery of the Goods within ten three Business Days of Voip Unlimited the Supplier notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimitedthe Supplier's failure to comply with its obligations under the Contract agreement in respect of the Goods:
(a) 5.6.1 delivery of the Goods shall be deemed to have been completed at 9.00 09.00 am on the eleventh third Business Day following the day on which Voip Unlimited the Supplier notified the Reseller Customer that the Goods were are ready; and
(b) Voip Unlimited 5.6.2 the Supplier shall store the Goods until actual delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 5.7 If thirty ten Business Days after Voip Unlimited the day on which the Supplier notified the Reseller Customer that the Goods were are ready for delivery the Reseller or its End User Customer has not accepted actual delivery of themit, Voip Unlimited 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 Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
5.8 If the Supplier delivers up to and including 5% more or less than the quantity of Goods ordered the Customer may not reject it.
5.9 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
Appears in 1 contract
Samples: Terms and Conditions for Supply of Goods and Services
Delivery of Goods. 4.1 Voip Unlimited Cotopaxi shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Ordershows, all relevant Reseller Customer and Voip Unlimited Cotopaxi reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is Goods are being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires it states clearly on the Reseller delivery note any requirement for the Customer to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery noteCotopaxi. The Reseller Customer shall make any such packaging materials available for collection at such times as Voip Unlimited Cotopaxi shall reasonably request. Returns of packaging materials shall be at Voip UnlimitedCotopaxi's expense.
4.2 Voip Unlimited Cotopaxi shall deliver the Goods to the location set out in the Order Proposal or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited Cotopaxi notifies the Reseller Customer that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the Goods' arrival completion of unloading of the Goods at the Delivery Location.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited Cotopaxi shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited Cotopaxi with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If Voip Unlimited Cotopaxi fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . Cotopaxi shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited Cotopaxi with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.6 If the Reseller Customer fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited notifying the Reseller that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited'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 eleventh Business Day day following the day on which Voip Unlimited Cotopaxi notified the Reseller Customer that the Goods were readyready or attempted to make delivery; and
(b) Voip Unlimited Cotopaxi shall store the Goods until delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 4.7 If thirty Business Days ten days after Voip Unlimited Cotopaxi notified the Reseller Customer that the Goods were ready for delivery or attempted to make delivery the Reseller or its End User Customer has not accepted delivery of them, Voip Unlimited Cotopaxi may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
4.8 Cotopaxi may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
Appears in 1 contract
Samples: Terms & Conditions of Supply
Delivery of Goods. 4.1 Voip Unlimited The Customer hereby appoints Managed Ink as its agent to appoint the Delivery Providers.
4.2 The Goods shall not be delivered until all sums payable by the Customer under the Contract to Delivery Providers have been paid in full (in cash or cleared funds) unless Managed Ink at its absolute discretion agrees in writing otherwise.
4.3 In the case of Goods to be delivered to the Customer:
4.3.1 Managed Ink shall use reasonable endeavours to ensure that:
(a) 4.3.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller Customer and Voip Unlimited Managed Ink reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) 4.3.1.2 if Voip Unlimited Managed Ink requires the Reseller Customer to return any packaging material to Voip UnlimitedManaged Ink, that fact is clearly stated on the delivery note. The Reseller Customer shall make any such packaging materials available for collection at such times as Voip Unlimited Managed Ink shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.;
4.2 Voip Unlimited shall deliver 4.3.1.3 the Delivery Provider delivers the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) Location at any time after Voip Unlimited Managed Ink notifies the Reseller Customer that the Goods are ready.;
4.3 Delivery 4.3.2 delivery of the Goods shall be completed on the Goods' ’ arrival at the Delivery Location;
4.3.3 if the Customer fails to accept delivery of the Goods, then except where such failure is caused by a Force Majeure Event or by Managed Ink’s failure to comply with its obligations under the Contract in respect of the Goods:
4.3.3.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the second Business Day following the day on which Managed Ink notified the Customer that the Goods were ready; and
4.3.3.2 Managed Ink shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance); and
4.3.4 if 5 (five) Business Days after Managed Ink notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Managed Ink 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.
4.4 In the case of Goods to be delivered to third parties (excluding Delivery Providers):
4.4.1 Managed Ink shall procure that the Delivery Provider uses reasonable endeavours to deliver the Goods materially in accordance with the delivery instructions notified in writing
4.4.2 delivery of the Goods shall be completed once in the possession or control of the Delivery Provider.
4.5 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited Managed Ink shall not be liable for any delay in delivery of the Goods that is caused by by:
4.5.1 a Force Majeure Event or Event; or
4.5.2 the Reseller's Customer’s failure to provide Voip Unlimited Managed Ink with adequate delivery instructions or instructions; or
4.5.3 any failure by the Customer to adhere to the Production Schedule; or
4.5.4 any other instructions that are relevant to the supply of the Goods.
4.5 4.6 If Voip Unlimited Managed Ink fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . Managed Ink shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Reseller's Customer’s failure to provide Voip Unlimited Managed Ink with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 If the Reseller fails The Customer shall not be entitled to accept or take delivery of reject the Goods within ten Business Days if Managed Ink delivers up to and including 5% more or less than the quantity of Voip Unlimited notifying Goods ordered, but a pro rata adjustment shall be made to the Reseller Order invoice on receipt of notice from the Customer that the wrong quantity of Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited'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 eleventh Business Day following the day on which Voip Unlimited notified the Reseller that the Goods were ready; and
(b) Voip Unlimited shall store the Goods until delivery takes place and charge the Reseller for all related costs and expenses (including insurance)was delivered.
4.8 If thirty Business Days after Voip Unlimited notified the Reseller that Managed Ink may deliver the Goods were ready by instalments, which shall be invoiced and paid for delivery the Reseller or its End User has not accepted delivery of them, Voip Unlimited may resell or otherwise dispose of part or all separately. Each instalment shall constitute a separate contract. The failure of the Goods and, after deducting reasonable storage and selling costs, account Customer to the Reseller pay for any excess over the price one or more of the Goods said instalments on the due dates shall entitle Managed Ink (at its sole option) without notice to suspend further deliveries in connection with the Contract pending payment by the Customer OR (at its sole option) for Managed Ink to treat the Contracts as repudiated. Any delay in delivery or charge defect in an instalment shall not entitle the Reseller Customer to cancel or forfeit payment for any shortfall below the price of the Goodsother instalment.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Delivery of Goods. 4.1 Voip Unlimited shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited notifies the Reseller that the Goods are ready.
4.3 11.1 Delivery of the Goods shall be completed made by the Customer collecting the Goods at ESPRIA's premises at any time after ESPRIA has notified the Customer by telephone that the Goods are ready for collection. If ESPRIA has agreed to send the Goods to the Customer, then, unless otherwise agreed, delivery shall be made by ESPRIA’s (or its carrier) delivering the Goods to the Customer at the address agreed at the time of order between the hours of 8:30 am and 5:30 pm on a Working Day. Unless ESPRIA is required to install the Goods as agreed, ESPRIA shall only be required to offload the Goods at the delivery location.
11.2 The contractual address for delivery may not be varied without ESPRIA’s agreement and any variation may entail additional carriage charges to the Customer.
11.3 Delivery will normally take place on the Goods' arrival at Working Day following the Delivery Location.
4.4 Any dates quoted for delivery date of receipt of the Goods from ESPRIA’s supplier. However, any dates quoted or specified for delivery are approximate only, only and the time of delivery is not of the essence. Voip Unlimited ESPRIA shall not be liable for any reasonable delay in delivery howsoever caused. Time for delivery shall not be of the Goods that is caused essence.
11.4 ESPRIA may make, and the Customer shall accept, partial deliveries of Goods. Each such delivery shall constitute a separate Contract. Failure by a Force Majeure Event ESPRIA to deliver any one or more of the Reseller's failure to provide Voip Unlimited instalments in accordance with adequate delivery instructions these Terms, or any other instructions that are relevant claim by the Customer in respect of any one or more instalments, shall not entitle the Customer to treat the supply of the GoodsContract as a whole as repudiated.
4.5 11.5 If Voip Unlimited ESPRIA fails to deliver the GoodsGoods for any reason other than a cause beyond ESPRIA's reasonable control or the Customer's default and, its accordingly, ESPRIA is liable to the Customer, ESPRIA's liability shall be limited to:
11.5.1 resupplying the Goods at a date agreed between the parties; or
11.5.2 the excess (if any) of the cost to the costs and expenses incurred by the Reseller in obtaining replacement goods of similar description and quality Customer (in the cheapest market available, less the price available market) of the Goods.
4.6 Voip Unlimited shall have no liability for any failure same or (where the same is unavailable) equivalent goods to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Reseller's failure to provide Voip Unlimited with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 If the Reseller fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited notifying the Reseller that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited'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 eleventh Business Day following the day on which Voip Unlimited notified the Reseller that the Goods were ready; and
(b) Voip Unlimited shall store the Goods until delivery takes place and charge the Reseller for all related costs and expenses (including insurance).
4.8 If thirty Business Days after Voip Unlimited notified the Reseller that the Goods were ready for delivery the Reseller or its End User has replace those not accepted delivery of them, Voip Unlimited may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Reseller for any excess delivered over the price of the Goods set out in the ESPRIA original quote.
11.6 ESPRIA shall not be liable in any way for the consequences of any delay in delivery.
11.7 If the Customer fails to take delivery of the Goods, or fails to give ESPRIA adequate delivery instructions (otherwise than by reason of a cause beyond the Customer's reasonable control or by reason of ESPRIA's fault), then, without prejudice to any other right or remedy available to ESPRIA at law or under these Terms, ESPRIA may:
11.7.1 store the Goods until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage, and/or
11.7.2 make further attempts to arrange delivery, in which case the Customer shall be liable for all additional delivery costs, and/or
11.7.3 sell the Goods at the best price reasonably obtainable and (after deducting all reasonable storage and selling expenses) account to the Customer for the excess over the price under the Contract or charge the Reseller Customer for any the shortfall below the price under the Contract.
11.8 When delivery is to take place at the Customer's premises the Customer shall be responsible for ensuring (a) that any necessary lifting equipment, power and labour is available to enable the Goods to be off-loaded quickly and safely, (b) that a duly authorised person is present to accept delivery and to sign the delivery note and (c) that any restricted delivery hours and/or health and safety risks are notified to ESPRIA in writing prior to despatch.
11.9 Where Goods are to be installed or set-up on-site, the Customer shall provide ESPRIA’s employees, agents and sub-contractors adequate access to the place of installation and free use of any necessary services or facilities.
11.10 Signature by the Customer of ESPRIA’s delivery note, or ESPRIA’s carrier’s delivery sheet, or the issue by the Customer of a receipt for delivery, shall constitute conclusive proof of delivery. Any delivery receipt shall be deemed signed or issued by the Customer if signed by a person who is or appears to be an employee or agent of the GoodsCustomer regardless of any subsequent allegation by the Customer that that person had no authority to sign delivery receipts.
Appears in 1 contract
Samples: Standard Terms of Business
Delivery of Goods. 4.1 Voip Unlimited shall ensure that:
(a) each 21.1. Where delivery of is scheduled for a particular day, taking into account the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goodsagreed transit days, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) occur at any time after Voip Unlimited notifies during that day and the Reseller delivery deadline will be considered met if delivery occurs at any time on that the Goods are readyday.
4.3 Delivery of 21.2. An additional Charge may be levied if delivery is required by a specific time during the Goods shall be completed on the Goods' arrival at the Delivery Locationday.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery 21.3. Border Express is not of the essence. Voip Unlimited shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Reseller's failure to provide Voip Unlimited with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If Voip Unlimited fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited shall have no liability for any failure authorised to deliver the Goods to the extent Receiver’s address given to Border Express by the Customer for that purpose. If such failure delivery address is caused by a Force Majeure Event the Reseller's failure to provide Voip Unlimited with adequate delivery instructions for unattended, Border Express may at its option deposit the Goods at such address (which shall be conclusively presumed to be due delivery hereunder) or any relevant instruction related to the supply of store the Goods.
4.7 If 21.4. Border Express will deliver Goods at intermediate points rather than at the Reseller fails delivery address only where special arrangements have been made between the Customer and Border Express.
21.5. Border Express shall be conclusively presumed to accept or take have delivered the Goods to the Receiver if Border Express obtains from any person present at the delivery address, confirmation of receipt of the Goods within ten Business Days by way of Voip Unlimited notifying signature on the Reseller that consignment note or any other acknowledgment of receipt of the Goods are ready(including electronic proof of delivery) which proof shall be binding on the Customer or any other person liable to pay the Charges.
21.6. Border Express may at its option store the Goods and levy Charges against the Customer if delivery cannot be completed as agreed, for example a problem with the labelling, inappropriate site access, or the driver believes the process of delivery poses a risk of injury to themselves or another person.
21.7. Border Express shall be at liberty to re-deliver the Goods to the Sender or Receiver from the place of storage at the sole cost and expense of the Customer.
21.8. The Customer must, within 7 days of a written request, make arrangements, satisfactory to Border Express, to accept delivery of Goods held. If the Customer fails to make such arrangements, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited's failure without prejudice to comply with its obligations under the Contract in respect any other rights of the Goods:
(a) delivery of Border Express, the Goods shall be deemed to have been completed at 9.00 am on abandoned by the eleventh Business Day following the day on which Voip Unlimited notified the Reseller that the Goods were ready; and
(b) Voip Unlimited shall store the Goods until delivery takes place and charge the Reseller for all related costs and expenses (including insurance).
4.8 If thirty Business Days after Voip Unlimited notified the Reseller that the Goods were ready for delivery the Reseller or its End User has not accepted delivery of them, Voip Unlimited Customer. Border Express may resell or otherwise dispose of part or all such abandoned goods in any manner it deems fit. The costs of Storage and sale are to be at the Goods andCustomer’s account, after deducting reasonable storage and selling costs, account to the Reseller for net sale proceeds applied against any excess over debt owed by the price of the Goods or charge the Reseller for any shortfall below the price of the GoodsCustomer.
Appears in 1 contract
Samples: Conditions of Contract
Delivery of Goods. 4.1 Voip Unlimited A. Jersey Pottery shall ensure that:
(a) 1. each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited Customer reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining that remain to be delivered; and
(b) 2. if Voip Unlimited Jersey Pottery requires the Reseller Customer to return any packaging material materials for the Goods to Voip UnlimitedJersey Pottery (at Jersey Pottery’s expense), that fact is such requirement shall be clearly stated on the delivery note. The Reseller Customer shall make any such packaging materials available for collection at such times as Voip Unlimited Jersey Pottery shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited B. Jersey Pottery shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (“Delivery Location”) at any time after Voip Unlimited Jersey Pottery notifies the Reseller Customer that the Goods are ready.
4.3 C. Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location, and liability for the Goods transfers to Customer upon Jersey Pottery’s delivery of the Goods to the Delivery Location. All shipping costs for delivery of the Goods to Customer, including but not limited to, freight costs, shipping costs, insurance costs and other related delivery costs, shall be borne by Customer unless otherwise agreed in writing.
4.4 D. Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not considered to be “of the essence”, unless expressly agreed to by Jersey Pottery in writing. Voip Unlimited Jersey Pottery shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited Jersey Pottery with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 E. If Voip Unlimited Jersey Pottery fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . Customer shall have no liability for any failure a duty to deliver the Goods mitigate its damages to the extent that such failure is caused by a Force Majeure Event reasonable under the Reseller's failure to provide Voip Unlimited with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goodsparticular circumstances.
4.7 F. If the Reseller Customer fails to accept or take delivery of the Goods within ten Business Days three (3) business days of Voip Unlimited Jersey Pottery notifying the Reseller Customer that the Goods are ready, then then, except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited's failure to comply with its obligations as otherwise provided under the Contract in respect of the Goods:
this Agreement: (a) delivery of the Goods shall be deemed to have been completed at 9.00 9:00 am on the eleventh Business Day following third business day after the day on which Voip Unlimited Jersey Pottery notified the Reseller Customer that the Goods were ready; and
and (b) Voip Unlimited Jersey Pottery shall store the Goods until delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 . If thirty Business Days the Customer has not taken delivery of the Goods after Voip Unlimited ten (10) business days after the day on which Jersey Pottery notified the Reseller Customer that the Goods were ready for delivery delivery, Jersey Pottery has the Reseller or its End User has right, but not accepted delivery of themthe obligation, Voip Unlimited may to resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
G. Jersey Pottery may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate Order. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
Appears in 1 contract
Samples: Wholesale Agreement
Delivery of Goods. 4.1 Voip Unlimited The Supplier shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. 4.2 The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited the Supplier notifies the Reseller Customer that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If Voip Unlimited the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.6 If the Reseller Customer fails to accept or take delivery of the Goods within ten 5 Business Days Business Days of Voip Unlimited the Supplier notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimitedthe 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 eleventh first Business Day following the day on which Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited the Supplier shall store the Goods until delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 4.7 If thirty within 5 Business Days after Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User Customer has not accepted taken delivery of them, Voip Unlimited 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 Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
Appears in 1 contract
Delivery of Goods. 4.1 Voip Unlimited shall ensure that6.1 The Customer warrants to FOODBOSS COLDSTORAGE that in respect of all Goods delivered to FOODBOSS COLDSTORAGE for Cold Storage:
(a) each delivery it is the owner of the Goods is accompanied by a delivery note which shows the date and / or entitled to possession of the Order, all relevant Reseller and Voip Unlimited reference numbers, Goods;
b) the type and quantity Goods are not dangerous; and
c) the description of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order given to FOODBOSS COLDSTORAGE is being delivered by instalments, the outstanding balance accurate in all respects.
6.2 FOODBOSS COLDSTORAGE’S tally of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials received shall be at Voip Unlimited's expensefinal and conclusive evidence as to the quantity and description of Goods received.
4.2 Voip Unlimited shall deliver the Goods 6.3 The Customer must notify FOODBOSS COLDSTORAGE in writing from time to the location set out time of any change in its address or in the Order or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited notifies the Reseller that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Reseller's failure to provide Voip Unlimited with adequate delivery instructions or any other instructions that are relevant to the supply ownership of the Goods.
4.5 If Voip Unlimited fails 6.4 FOODBOSS COLDSTORAGE at its discretion may require the Customer’s written instructions relating to deliver the Goodssurrender, delivery or disposal of the Goods but shall also be entitled to rely upon oral instructions given by the Customer, its liability shall be limited to servants or agents. In respect of all Goods received and / or stored or dealt with at the costs oral or written instructions of the Customer, the Customer hereby indemnifies and expenses incurred by will keep indemnified FOODBOSS COLDSTORAGE against any and all Claims whatsoever in respect of the Reseller in obtaining replacement goods of similar description receipt and quality in the cheapest market available, less the price / or Cold Storage of the Goods.
4.6 Voip Unlimited shall have no liability 6.5 The Customer hereby indemnifies and will keep indemnified FOODBOSS COLDSTORAGE against any Claim made by any third party claiming an interest of whatsoever nature in the Goods including but not limited to where the Customer countermands any request by a third party for any failure to deliver the Goods to be dealt with in a particular way or in accordance with that party’s instructions.
6.6 All estimates of delivery or Cold Storage dates and times are estimates only and FOODBOSS COLDSTORAGE shall not be held liable for any claims for non-compliance with such estimated dates and times given.
6.7 For all deliveries of goods, the extent that such failure is caused by a Force Majeure Event the Reseller's failure Customer must immediately notify FOODBOSS COLDSTORAGE in writing of any discrepancy relating to provide Voip Unlimited with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 If the Reseller fails to accept or take delivery 6.8 FOODBOSS COLDSTORAGE cannot reasonably have knowledge of the condition of the of the Xxxxxx’x Goods within ten Business Days at the time of Voip Unlimited notifying the Reseller that the Goods are readydelivery, then except where such failure especially wrapped, boxed or delay is caused by a Force Majeure Event packaged goods (but not limited to), FOODBOSS COLDSTORAGE cannot accept any liability, responsibility or by Voip Unlimited's failure to comply with its obligations under the Contract claims in respect of the Goods:
(a) delivery any alleged deterioration of the Goods shall be deemed to have been completed at 9.00 am on goods whilst in the eleventh Business Day following the day on which Voip Unlimited notified the Reseller that the Goods were ready; and
(b) Voip Unlimited shall store the Goods until delivery takes place and charge the Reseller for all related costs and expenses (including insurance)coldstore.
4.8 If thirty Business Days after Voip Unlimited notified the Reseller that the Goods were ready for delivery the Reseller or its End User has not accepted delivery of them, Voip Unlimited may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Reseller for any excess over the price of the Goods or charge the Reseller for any shortfall below the price of the Goods.
Appears in 1 contract
Samples: Cold Storage Agreement
Delivery of Goods. 4.1 Voip Unlimited Malary shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which that shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type description and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited Malary requires the Reseller Customer to return any packaging material materials to Voip UnlimitedMalary, that fact is clearly stated on the delivery note. The Reseller Customer shall make any such packaging materials available for collection at such times as Voip Unlimited Malary shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's Xxxxxx'x expense.
4.2 Voip Unlimited Malary shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any such time after Voip Unlimited between 9am and 5pm on a Business Day as Malary notifies the Reseller that Customer in writing at least one Business Day before the Goods are readydelivery or such other time as the parties agree (Delivery Time).
4.3 Delivery is completed on the completion of unloading of the Goods shall be completed on the Goods' arrival at the Delivery Location.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited Malary shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited Malary with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If Voip Unlimited Malary fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . Malary shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited Malary with adequate delivery instructions for the Goods or any other instructions that are relevant instruction related to the supply of the Goods.
4.7 4.6 If the Reseller Customer fails to accept or take delivery of the Goods within ten Business Days two hours of Voip Unlimited notifying the Reseller that the Goods are readyDelivery Time, then then, except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited's Xxxxxx'x failure to comply with its obligations under the Contract in respect of the GoodsContract:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh Business Day following the day on which Voip Unlimited notified the Reseller that the Goods were readyDelivery Time; and
(b) Voip Unlimited shall store the Goods until delivery takes place and charge the Reseller for all related costs and expenses (including insurance).
4.8 If thirty Business Days after Voip Unlimited notified the Reseller that the Goods were ready for delivery the Reseller or its End User has not accepted delivery of them, Voip Unlimited may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Reseller for any excess over the price of the Goods or charge the Reseller for any shortfall below the price of the Goods.
Appears in 1 contract
Samples: Terms and Conditions
Delivery of Goods. 4.1 Voip Unlimited The Supplier shall ensure that:
(a) that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the order number, all relevant Reseller Customer and Voip Unlimited Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited the Supplier notifies the Reseller Customer that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the Goods' arrival completion of unloading of the Goods at the Delivery Location.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If Voip Unlimited the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.6 If the Reseller Customer fails to accept or take delivery of the Goods within ten three Business Days of Voip Unlimited the Supplier notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimitedthe 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 eleventh third Business Day following the day on which Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited the Supplier shall store the Goods until delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 4.7 If thirty ten Business Days after Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User Customer has not accepted delivery of them, Voip Unlimited 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 Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
4.8 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
Appears in 1 contract
Samples: Terms and Conditions
Delivery of Goods. 4.1 Voip Unlimited shall ensure that:
(a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree ("Delivery Location") at any time after Voip Unlimited the Supplier notifies the Reseller Customer that the Goods are ready.
4.3 4.2 Delivery of the Goods shall be completed on the Goods' arrival completion of unloading of the Goods at the Delivery Location.
4.4 4.3 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 4.4 If Voip Unlimited the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market availablequality, less the price of the Goods.
4.6 Voip Unlimited . The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.5 If the Reseller Customer fails to accept or take delivery of the Goods within ten five Business Days of Voip Unlimited the Supplier notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimitedthe Supplier's failure to comply with its obligations under the Contract in respect of the Goods:
(a) 4.5.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh fifth Business Day following the day on which Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited 4.5.2 the Supplier shall store the Goods until delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance)) in the sum of £57 plus VAT per day.
4.8 4.6 If thirty 30 Business Days after Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User Customer has not accepted delivery of them, Voip Unlimited the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage costs in accordance with clause 4.5.2 and selling costs, account to the Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
Appears in 1 contract
Samples: Terms and Conditions
Delivery of Goods. 4.1 Voip Unlimited Citipost shall ensure that:
(a) that each delivery of the Goods is accompanied by a delivery note which shows details the date of relevant Citipost reference numbers and the Order, all relevant Reseller and Voip Unlimited reference numbers, the type description and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited The parties shall specify in the Print Management Order as to how Goods are to be delivered to the Customer or if the Customer will collect the Goods from Citipost. Where:
(a) Xxxxxxxx agrees to deliver the Goods to the Customer, the “Delivery Location” shall be the location set out in the Print Management Order or such other location as the parties may agree;
(b) if the parties agree (that the Customer shall collect the Goods from Citipost, the “Delivery Location” shall be either Citipost’s premises at Criterion Building, Xxxxxxxx Manor Way North, Belvedere, DA 17 6FQ or such mailing house as may be advised by Xxxxxxxx before delivery. The Customer shall collect the Goods from Citipost within five (5) at any time after Voip Unlimited notifies Business Days of Citipost notifying the Reseller Customer that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the Goods' ’ arrival at the Delivery Location or on completion of loading of the Goods at the Delivery Location, as applicable.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited Citipost shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Reseller's Customer’s failure to provide Voip Unlimited Citipost with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If Voip Unlimited Citipost fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of paid for the Goods.
4.6 Voip Unlimited . Citipost shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event Event, the Reseller's Customer’s failure to provide Voip Unlimited Citipost with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.6 If the Reseller Customer fails to accept or take delivery of the Goods within ten five (5) Business Days of Voip Unlimited Citipost notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimited's Xxxxxxxx’s failure to comply with its obligations under the Print Management Contract in respect of the Goods:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh sixth (6th) Business Day following the day on which Voip Unlimited Citipost notified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited Citipost shall store the Goods until delivery takes place and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 4.7 If thirty ten (10) Business Days after Voip Unlimited Citipost notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User Customer has not accepted or taken delivery of them, Voip Unlimited Citipost may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account Goods.
4.8 The Customer shall not be entitled to the Reseller for any excess over the price of reject the Goods if Xxxxxxxx delivers up to and including five (5) per cent more or charge less than the Reseller quantity of Goods ordered.
4.9 Citipost may deliver the Goods by instalments, which may be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any shortfall below the price of the Goodsother instalment.
Appears in 1 contract
Samples: Customer Service Agreement
Delivery of Goods. 4.1 Voip Unlimited PRSL shall ensure that:
(a) that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Reseller and Voip Unlimited reference numbersthe contract 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 Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited PRSL shall deliver the Goods Goods:
4.2.1 on the date specified in the Order Confirmation;
4.2.2 to the location Customer's premises as is set out in the Order or such other location as instructed by the parties may agree Customer before delivery (Delivery Location) at any time after Voip Unlimited notifies ); and
4.2.3 during the Reseller that the Goods are readyCustomer's normal hours of business on a Business Day.
4.3 Delivery of the Goods shall be completed on the Goods' arrival at the Delivery Location.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited PRSL shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited PRSL with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 4.4 If Voip Unlimited PRSL fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . PRSL shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited PRSL with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.5 If the Reseller Customer fails to accept or take delivery of the Goods within ten Business Days of Voip Unlimited notifying on the Reseller that delivery date specified in the Goods are readyOrder, then except where such failure or delay is caused by a Force Majeure Event or by Voip UnlimitedPRSL's failure to comply with its obligations under the Contract in respect of the Goods:
(a) 4.5.1 PRSL shall store the Goods for up to two weeks to allow the Customer to rearrange delivery of the Goods shall be deemed to have been completed at 9.00 am on the eleventh Business Day following the day on which Voip Unlimited notified the Reseller that the Goods were ready; and
(b) Voip Unlimited shall store the Goods until delivery takes place and charge the Reseller Customer for all related costs and expenses (including insurance).; and
4.8 If thirty 4.5.2 if ten Business Days after Voip Unlimited notified the Reseller that Customer failed to take delivery of the Goods were ready for delivery the Reseller or its End User Customer has not accepted still not taken delivery of them, Voip Unlimited PRSL may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
4.6 If PRSL delivers up to and including 5% more or less than the quantity of Goods ordered the Customer may not reject them, but on receipt of notice from the Customer that the wrong quantity of Goods was delivered, PRSL shall make a pro rata adjustment to the invoice for the Goods.
4.7 PRSL may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
Appears in 1 contract
Samples: Terms and Conditions
Delivery of Goods. 4.1 Voip Unlimited The Supplier shall ensure that:
(a) that each delivery of the Goods is accompanied by a delivery note which shows the number and date of the Order, all relevant Reseller and Voip Unlimited reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and
(b) if Voip Unlimited requires the Reseller to return any packaging material to Voip Unlimited, that fact is clearly stated on the delivery note. The Reseller shall make any such packaging materials available for collection at such times as Voip Unlimited shall reasonably request. Returns of packaging materials shall be at Voip Unlimited's expense.
4.2 Voip Unlimited The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Voip Unlimited the Supplier notifies the Reseller Customer that the Goods are ready.
4.3 Delivery of the Goods shall be completed on the Goods' arrival completion of unloading of the Goods at the Delivery Location.
4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Voip Unlimited The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
4.5 If Voip Unlimited the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Reseller Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods.
4.6 Voip Unlimited . The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the ResellerCustomer's failure to provide Voip Unlimited the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods.
4.7 4.6 If the Reseller Customer fails to accept or take delivery of the Goods within ten three Business Days of Voip Unlimited the Supplier notifying the Reseller Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Voip Unlimitedthe 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 eleventh third Business Day following the day on which Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready; and
(b) Voip Unlimited the Supplier shall store the Goods until delivery takes place place, and charge the Reseller Customer for all related costs and expenses (including insurance).
4.8 4.7 If thirty ten Business Days after Voip Unlimited the Supplier notified the Reseller Customer that the Goods were ready for delivery the Reseller or its End User Customer has not accepted taken delivery of them, Voip Unlimited 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 Reseller Customer for any excess over the price of the Goods or charge the Reseller Customer for any shortfall below the price of the Goods.
4.8 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
Appears in 1 contract
Samples: Terms and Conditions for the Supply of Goods and/or Services