Common use of Delivery of Goods Clause in Contracts

Delivery of Goods. 4.1 Motion Impossible shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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. 4.2 Motion Impossible 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 Motion Impossible notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the 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. Motion Impossible shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Customer fails to accept delivery of the Goods within three Business Days of Motion Impossible notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible notified the Customer that the Goods were ready; and (b) Motion Impossible shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 If [ten] Business Days after Motion Impossible notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible may resell or otherwise dispose of part or all of the Goods. 4.7 Motion Impossible 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, Terms and Conditions

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Delivery of Goods. 4.1 Motion Impossible 5.1 The Supplier shall ensure that each that: a) the delivery of the Goods is accompanied by a delivery note which shows refers to the date of the Order, all relevant reference numbers, the type and quantity of the Goods (including the code number Customer’s purchase order of the Goods, where applicable), special storage instructions (if any; and b) and, if it states clearly on the Order is being delivered by instalments, delivery note any requirement for the outstanding balance Customer to return any packaging material to the Supplier. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of Goods remaining to packaging materials shall be deliveredat the Customer's expense. 4.2 Motion Impossible 5.2 The Supplier shall deliver the Goods to the location set out in the Order or such other location as the parties may agree (Delivery Location) in writing at any time after Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 5.3 Delivery of the Goods shall be completed on the completion of unloading the loading of the Goods at by the Delivery LocationSupplier (or a party nominated by the Supplier). 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. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 5.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 5.6 If the Customer fails to accept take delivery of the Goods within three Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 5.7 If [ten] ten Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted taken delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 5.8 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 2 contracts

Samples: Hire of Goods and Provision of Services, Hire of Goods and Provision of Services

Delivery of Goods. 4.1 Motion Impossible 5.1 The Goods shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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 be delivered by instalments, the outstanding balance of Goods remaining to be delivered. 4.2 Motion Impossible 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 Motion Impossible Fine Iron notifies the Customer that the Goods are ready. 4.3 5.2 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 5.3 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Motion Impossible Fine Iron shall not be liable for any delay or failure in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible Fine Iron with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 5.4 If Fine Iron fails to deliver the Goods, its liability shall be limited to the price of the Goods. 5.5 If the Customer fails to accept take delivery of the Goods within three Business Days of Motion Impossible notifying at the Customer that the Goods are readyDelivery Location, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s Fine Iron's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible Fine Iron notified the Customer that the Goods were readyready and accordingly any sum due on delivery shall become payable; and (b) Motion Impossible Fine Iron shall store the Goods until delivery takes place, and reserves the right to charge to the Customer for all related costs and expenses (including insurance) for storage and re-­‐delivery. 5.6 Without prejudice to the warranty at clause 6 below, the Customer shall have 7 days within which to inspect the Goods and notify Fine Iron of any shortages, defects and damaged parts (excluding transit damage, dealt with at 5.7). 4.6 If [ten] Business Days after Motion Impossible notified the 5.7 The Customer that must check the Goods were ready for prior to the delivery driver leaving the Delivery Location. The Customer has not accepted delivery of them, Motion Impossible may resell or otherwise dispose of part or all of the Goods. 4.7 Motion Impossible may deliver must advise Fine Iron immediately and before accepting the Goods by instalments, which shall should there 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 any damage due to cancel any other instalmenttransit.

Appears in 2 contracts

Samples: Supply Agreement, Supply Agreement

Delivery of Goods. 4.1 Motion Impossible The Supplier shall ensure that each that: a) the delivery of the Goods is accompanied by a delivery note which shows refers to the date of the Order, all relevant reference numbers, the type and quantity of the Goods (including the code number Customer’s purchase order of the Goods, where applicable), special storage instructions (if any; and b) and, if it states clearly on the Order is being delivered by instalments, delivery note any requirement for the outstanding balance Customer to return any packaging material to the Supplier. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of Goods remaining to packaging materials shall be deliveredat the Customer's expense. 4.2 Motion Impossible 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) in writing at any time after Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the completion of unloading the loading of the Goods at by the Delivery LocationSupplier (or a party nominated by the Supplier). 4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. 4.6 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 Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.7 If the Customer fails to accept take delivery of the Goods within three Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 4.8 If [ten] ten Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted taken delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 4.9 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

Appears in 2 contracts

Samples: Standard Terms and Conditions for Sale of Goods and Provision of Services, Standard Terms and Conditions for Sale of Goods and Provision of Services

Delivery of Goods. 4.1 Motion Impossible The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), any special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered. 4.2 Motion Impossible The Supplier shall deliver the Goods to the location set out in the Order or such other location as (which may be the parties may agree Supplier’s own premises if the Customer is to collect the Goods) (Delivery Location) at any time after Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the completion of unloading (or, in the case of collection by the Customer, loading) 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 essenceessence and shall not made of the essence by notice from the Customer. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's Customerʹs failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customerʹs failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to take or accept delivery of the Goods within three Business Days of Motion Impossible notifying the Customer that the Goods are readyGoods, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplierʹs failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7 If [ten] Business Days after Motion Impossible notified 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 were ready was delivered, the Supplier shall in its discretion make a pro rata adjustment to the invoice for delivery the Customer has not accepted delivery of them, Motion Impossible may resell Goods or otherwise dispose of part or all of the Goodsmake up any shortfall. 4.7 Motion Impossible 4.8 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each each such 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: Trading Terms and Conditions

Delivery of Goods. 4.1 Motion Impossible Cotopaxi shall ensure that that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Ordershows, all relevant Customer and 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) it states clearly on the delivery note any requirement for the Customer to return any packaging material to Cotopaxi. The Customer shall make any such packaging materials available for collection at such times as Cotopaxi shall reasonably request. Returns of packaging materials shall be at Cotopaxi's expense. 4.2 Motion Impossible 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 Motion Impossible Cotopaxi notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the 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. Motion Impossible Cotopaxi shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible Cotopaxi with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If Cotopaxi fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer fails to accept delivery in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods within three Business Days of Motion Impossible notifying the Customer that Goods. Cotopaxi shall have no liability for any failure to deliver the Goods are ready, then except where to the extent that such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Customer's failure to comply provide Cotopaxi with its obligations under adequate delivery instructions for the Contract in respect Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept delivery of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day day following the day on which Motion Impossible Cotopaxi notified the Customer that the Goods were readyready or attempted to make delivery; and (b) Motion Impossible Cotopaxi shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7 If [ten] Business Days ten days after Motion Impossible Cotopaxi notified the Customer that the Goods were ready for delivery or attempted to make delivery the Customer has not accepted delivery of them, Motion Impossible Cotopaxi 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. 4.7 Motion Impossible 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 Motion Impossible 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 that: 4.3.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and 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 4.2 Motion Impossible 4.3.1.2 if Managed Ink requires the Customer to return any packaging material to Managed Ink, that fact is clearly stated on the delivery note. The Customer shall deliver make any such packaging materials available for collection at such times as Managed Ink shall reasonably request; 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 Motion Impossible Managed Ink notifies the Customer that the Goods are ready.; 4.3 Delivery 4.3.2 delivery of the Goods shall be completed on the completion of unloading of the Goods 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. Motion Impossible 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 Customer's ’s failure to provide Motion Impossible 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 Managed Ink fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer fails to accept delivery in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods within three Business Days of Motion Impossible notifying the Customer that Goods. Managed Ink shall have no liability for any failure to deliver the Goods are ready, then except where to the extent that such failure or delay is caused by a Force Majeure Event or by Motion Impossiblethe Customer’s failure to comply provide Managed Ink with its obligations under the Contract in respect of the Goods: (a) adequate delivery of instructions for the Goods shall be deemed or any relevant instruction related to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible notified the Customer that the Goods were ready; and (b) Motion Impossible shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 If [ten] Business Days after Motion Impossible notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible may resell or otherwise dispose of part or all supply of the Goods. 4.7 Motion Impossible The Customer shall not be entitled to reject the Goods if Managed Ink delivers up to and including 5% more or less than the quantity of Goods ordered, but a pro rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Goods was delivered. 4.8 Managed Ink may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. The failure of the Customer to pay for any one or more of the 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 defect in an instalment shall not entitle the Customer to cancel or forfeit payment for any other instalment.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Delivery of Goods. 4.1 Motion Impossible 4.1. Pen Telecom shall ensure that that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and 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 Pen Telecom requires the Customer to return any packaging material to Pen Telecom, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Pen Telecom shall reasonably request. Returns of packaging materials shall be at Pen Telecom’s expense. 4.2 Motion Impossible 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 Motion Impossible Pen Telecom notifies the Customer that the Goods are ready. 4.3 4.3. Delivery of the Goods shall be completed on the completion of unloading of the Goods 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. Motion Impossible Pen Telecom shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's ’s failure to provide Motion Impossible Pen Telecom with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 4.5. If Pen Telecom fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Pen Telecom shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Customer’s failure to provide Pen Telecom with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods 4.6. If the Customer fails to accept or take delivery of the Goods within three ten Business Days of Motion Impossible Pen Telecom notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion ImpossiblePen Telecom’s failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third eleventh Business Day following the day on which Motion Impossible Pen Telecom notified the Customer that the Goods were ready; and (b) Motion Impossible Pen Telecom shall store the Goods until delivery takes place, place and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7. If [ten] thirty Business Days after Motion Impossible Pen Telecom notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible Pen Telecom 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. 4.7 Motion Impossible 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: Master Service Agreement

Delivery of Goods. 4.1 Motion Impossible shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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. 4.2 Motion Impossible 5.1 The Supplier shall deliver the Goods to the location set out in the Order Acknowledgement or such other location as the parties may agree (Delivery Location) at any time after Motion Impossible notifies the Customer that the Goods are ready). 4.3 5.2 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 5.3 Any dates quoted for delivery of the Goods are estimates, approximate only, and the time of delivery is not of the essence, and in no circumstances shall the Company be liable for any delay or performance however arising. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 5.4 If the Customer fails to accept delivery of the Goods within three five Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third fifth Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 5.5 If [ten] ten Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 5.6 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: Conditions of Supply

Delivery of Goods. 4.1 Motion Impossible The Supplier shall ensure that that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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) it states clearly on the delivery note any requirement for the Customer to return any packaging material to the Supplier. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. 4.2 Motion Impossible 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 Motion Impossible the Supplier notifies the Customer that the Goods are ready.. General Terms and conditions for sale 4.3 Delivery of the Goods shall be completed on the 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. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept delivery of the Goods within three Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7 If [ten] Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 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.. General Terms and conditions for sale

Appears in 1 contract

Samples: Supply Agreement

Delivery of Goods. 4.1 Motion Impossible 4.1. Pen Telecom shall ensure that that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and 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 Pen Telecom requires the Customer to return any packaging material to Pen Telecom, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Pen Telecomshallreasonably request. Returns of packaging materials shall be at Pen Telecom’s expense. 4.2 Motion Impossible 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 Motion Impossible Pen Telecom notifies the Customer that the Goods are ready. 4.3 4.3. Delivery of the Goods shall be completed on the completion of unloading of the Goods 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. Motion Impossible 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 Customer's ’s failure to provide Motion Impossible with PenTelecomwith adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 4.5. If Pen Telecom fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer 4.6. If the Customer fails to accept or take delivery of the Goods within three ten Business Days of Motion Impossible Pen Telecom notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’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 third eleventh Business Day following Dayfollowing the day on which Motion Impossible notified PenTelecomnotified the Customer that the Goods were ready; and (b) Motion Impossible Pen Telecom shall store the Goods until delivery takes place, place and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7. If [ten] thirty Business Days after Motion Impossible Pen Telecom notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible may resell or otherwise dispose of part or all of the Goods. 4.7 Motion Impossible 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.has

Appears in 1 contract

Samples: Master Service Agreement

Delivery of Goods. 4.1 Motion Impossible The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the number and date of the Order, all relevant 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. 4.2 Motion Impossible 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 Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the 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. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept take delivery of the Goods within three Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7 If [ten] ten Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted taken delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 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

Delivery of Goods. 4.1 Motion Impossible The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Orderorder, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered. 4.2 Motion Impossible 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 Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods by the Customer 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. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept delivery of the Goods within three five Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) 4.6.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third fifth Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible 4.6.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7 If [ten] ten Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 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: Supply of Goods and Services Agreement

Delivery of Goods. 4.1 Motion Impossible The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the order number, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered. 4.2 Motion Impossible 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 Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the 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. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept delivery of the Goods within three Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7 If [ten] ten Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 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 Motion Impossible The Supplier shall ensure that that: (a) each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and (b) if the Supplier requires the Customer to return any packaging material to the Supplier, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. 4.2 Motion Impossible 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 Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods 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. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event, the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept or take delivery of the Goods within three 20 Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third second Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7 If [ten] 20 Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 4.8 quantity of Goods was delivered Comment [s1]: Remove as necessary. The Customer shall not be entitled to reject the Goods if the Supplier delivers up to and including 5 per cent more or less than the quantity of Goods ordered, but a pro-rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong . 4.9 The Supplier may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.

Appears in 1 contract

Samples: Supply Agreement

Delivery of Goods. 4.1 Motion Impossible shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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. 4.2 Motion Impossible 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 Motion Impossible Insta notifies the 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 completion of unloading of the Goods 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. Motion Impossible Insta shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible Insta with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.4 If Insta fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. 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 Customer's failure to provide Insta with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.5 If the Customer fails to accept or take delivery of the Goods within three 10 Business Days of Motion Impossible Insta notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s Insta'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 third 11th Business Day following the day on which Motion Impossible Insta notified the Customer that the Goods were ready; and (b) Motion Impossible 4.5.2 Insta shall store the Goods until delivery takes place, and charge the Customer for f or all related costs and expenses (including insurance). 4.6 If [ten] 15 Business Days after Motion Impossible Insta notified the Customer that the Goods were ready for delivery the Customer has not accepted or taken delivery of them, Motion Impossible Insta 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. 4.7 Motion Impossible 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 1 contract

Samples: Goods and Services Agreement

Delivery of Goods. 4.1 Motion Impossible The Supplier shall ensure that that: 4.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all the contract number or the relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and 4.1.2 it states clearly on the delivery note any requirement for the Customer to return any packaging material to the Supplier. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. 4.2 Motion Impossible 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 Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the 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. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Customer Supplier fails to accept delivery deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the Price of the Goods within three Business Days of Motion Impossible notifying the Customer that Goods. The Supplier shall have no liability for any failure to deliver the Goods are ready, then except where to the extent that such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Customer's failure to comply provide the Supplier with its obligations under adequate delivery instructions or any other instructions that are relevant to the Contract in respect supply of the Goods:. (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third 4.6 If three Business Day following Days after the day on which Motion Impossible notified the Customer that the Goods were ready; and (b) Motion Impossible shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 If [ten] Business Days after Motion Impossible Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted actual delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and charge the Customer for any shortfall below the Price of the Goods. 4.7 Motion Impossible 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: Sale of Goods and Services Contract

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

Appears in 1 contract

Samples: Contract for the Provision of Goods and Services

Delivery of Goods. 4.1 Motion Impossible 5.1 The Goods shall be delivered to the Customer’s delivery address specified on the Order or any other location as otherwise specified in writing by the Customer and agreed by the Supplier (Delivery Location). 5.2 Unless the Customer agrees to collect the order at a place mutually agreed by both parties, the Supplier shall use a 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 at the Delivery Location. 5.4 The Supplier shall ensure that that: 5.4.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Ordershipping date, all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered; and 5.4.2 if the Supplier requires the Customer to return any packaging material to the Supplier, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as the Supplier shall reasonably request. Returns of packaging materials shall be at the Supplier's expense. 4.2 Motion Impossible 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 Motion Impossible notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 5.5 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 5.6 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 5.7 If the Customer fails to accept or take delivery of the Goods within three 14 (fourteen) Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) 5.7.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third 15th (fifteenth) Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible 5.7.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 5.8 If [ten] 14 (fourteen) Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 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. 5.10 Upon receipt of the Goods the Supplier shall examine all of the Goods within 7 (seven) Business Days after which time the Customer shall be deemed to have accepted the Goods. The Supplier reserves the right to refuse claims for damaged or missing goods made by the Customer after this time unless a longer period of time has been previously agreed in writing.

Appears in 1 contract

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

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Delivery of Goods. 4.1 Motion Impossible shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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. 4.2 Motion Impossible 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 Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 4.2 Delivery of the Goods shall be completed on the 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. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.4 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.5 If the Customer fails to accept delivery of the Goods within three five Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the 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 third fifth Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible 4.5.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance)) in the sum of £57 plus VAT per day. 4.6 If [ten] 30 Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting storage costs in accordance with clause 4.5.2 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. 4.7 Motion Impossible 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 Motion Impossible The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, the contract number and all relevant Customer and Supplier reference numbers, the type and quantity of the Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Order is being delivered by instalments, the outstanding balance of Goods remaining to be delivered.; and 4.2 Motion Impossible 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 Motion Impossible the Supplier notifies the Customer that the Goods are ready. The Delivery Location may be the premises of the End User. Occasionally, where specified in an Order Acceptance, Goods are collected by the Customer from the Supplier. In such cases, the Delivery Location shall be the premises of the Supplier. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery LocationLocation (or loading in the case of Goods being collected from the Supplier’s premises). 4.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Supplier fails to deliver the Goods on any agreed date, then the Customer shall set a further date for delivery (which must be reasonable in all the circumstances, failing which a reasonable date will be substituted). Should the Supplier fail to meet this revised date for delivery, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept take delivery of the Goods within three Business Days of Motion Impossible notifying the Customer (or, where applicable, procure that the Goods are readyEnd User takes delivery of the Goods) when delivered by the Supplier, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s failure to comply with its obligations under the Contract in respect of the GoodsEvent: (a) 4.6.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following day scheduled for delivery; and, at the day on which Motion Impossible notified Supplier’s absolute discretion either: 4.6.1.1 the Customer that Supplier shall leave the Goods were readyat the Delivery Location, with the delivery driver signing any receipt or equivalent document (and the Supplier shall have no responsibility or liability for loss, damage or theft of the Goods where left visible and/or unsecured at the Delivery Location); andor (b) Motion Impossible 4.6.1.2 The Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance)) plus a 25% profit margin. 4.6 4.7 If [ten] the Supplier elects to comply with clause 4.6.1.2 above, and 10 Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted taken delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 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 Motion Impossible The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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. 4.2 Motion Impossible 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 Motion Impossible notifies during the Customer that delivery period set out in the Goods are readyQuotation (“Delivery Period”). The Supplier may specify the delivery method in the Quotation. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 Any dates and/or Delivery Period quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's ’s failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer’s failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept delivery of the Goods within three ten Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossiblethe Supplier’s failure to comply with its obligations under the Contract in respect of the Goods: (a) 4.6.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the third tenth Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible 4.6.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7 If [ten] twenty Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods (where the Customer has paid for the Goods) or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 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: Standard Terms of Supply

Delivery of Goods. 4.1 Motion Impossible shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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. 4.2 Motion Impossible The Supplier shall deliver the Goods to the location set out in the Quotation or Order or such other location as the parties may agree (Delivery Location) at any time after Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 4.2 Delivery of the Goods shall be completed on the later of: (a) completion of unloading of the Goods at the Delivery Location. 4.4 (b) The practical completion (meaning the Goods are fit for their intended purpose) of those parts of the installation of the Goods for which the Supplier is responsible. 4.3 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.4 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.5 If the Customer fails to accept or take delivery of the Goods within three thirty Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are readyready for delivery in accordance with the Customers’ project programme as notified to the Supplier and against which the Goods were initially procured, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplier's failure to comply with its obligations under the Contract in respect of the Goods, then the Supplier may at its discretion apply the following: (a) delivery Delivery of the Goods shall be deemed to have been completed at 9.00 am on the third thirtieth Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were readyready and payment provisions of clause 9.4 and 9.5 shall apply; and (b) Motion Impossible the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 Notwithstanding clause 4.5 above, in the event that the Goods have been manufactured to the Customer’s specific and bespoke requirements and are not commercially available off the shelf units, then the Customer commits to pay for such Goods in a Force Majeure Event on the basis that payment terms will be extended by sixty Business Days. 4.7 If [ten] sixty Business Days after Motion Impossible the day on which the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 4.8 If the Customer pays for the Goods but does not take delivery and does not pay the Supplier for the costs associated with the storage of the Goods, then the Supplier may sell sufficient of the Goods from time to time to pay for the storage and will have no liability to replace the Goods sold that the Customer has paid for. 4.9 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. This clause does not apply to Refrigerated Display Cabinets 4.10 The Supplier may deliver the Goods by instalments, phased delivery or against bulk orders over a period of time which shall be invoiced and paid for separatelyseparately (or credited against monies received by the Supplier from a Customer). Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment or phase shall not entitle the Customer to cancel any other instalmentthe overall contract.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Delivery of Goods. 4.1 Motion Impossible 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 that: 4.3.1.1 each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and 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 4.2 Motion Impossible 4.3.1.2 if Fastwalker Digital requires the Customer to return any packaging material to Fastwalker Digital, that fact is clearly stated on the delivery note. The Customer shall deliver make any such packaging materials available for collection at such times as Fastwalker Digital shall reasonably request; 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 Motion Impossible Fastwalker Digital notifies the Customer that the Goods are ready.; 4.3 Delivery 4.3.2 delivery of the Goods shall be completed on the completion of unloading of the Goods 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. Motion Impossible 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 Customer's ’s failure to provide Motion Impossible 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 Fastwalker Digital fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer fails to accept delivery in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods within three Business Days of Motion Impossible notifying the Customer that Goods. Fastwalker Digital shall have no liability for any failure to deliver the Goods are ready, then except where to the extent that such failure or delay is caused by a Force Majeure Event or by Motion Impossiblethe Customer’s failure to comply provide Fastwalker Digital with its obligations under the Contract in respect of the Goods: (a) adequate delivery of instructions for the Goods shall be deemed or any relevant instruction related to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible notified the Customer that the Goods were ready; and (b) Motion Impossible shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 If [ten] Business Days after Motion Impossible notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible may resell or otherwise dispose of part or all supply of the Goods. 4.7 Motion Impossible The Customer shall not be entitled to reject the Goods if Fastwalker Digital delivers up to and including 5% more or less than the quantity of Goods ordered, but a pro rata adjustment shall be made to the Order invoice on receipt of notice from the Customer that the wrong quantity of Goods was delivered. 4.8 Fastwalker Digital may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. The failure of the Customer to pay for any one or more of the 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 defect in an instalment shall not entitle the Customer to cancel or forfeit payment for any other instalment.

Appears in 1 contract

Samples: Terms and Conditions of Sale

Delivery of Goods. 4.1 Motion Impossible shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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. 4.2 . Motion Impossible 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 Motion Impossible notifies the Customer that the Goods are ready. 4.3 . Delivery of the Goods shall be completed on the 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. Motion Impossible shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 . If the Customer fails to accept delivery of the Goods within three Business Days of Motion Impossible notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s failure to comply with its obligations under the Contract in respect of the Goods: (a) : delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible notified the Customer that the Goods were ready; and (b) and Motion Impossible shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 . If [ten] Business Days after Motion Impossible notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible may resell or otherwise dispose of part or all of the Goods. 4.7 . Motion Impossible 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 Motion Impossible PRSL shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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. 4.2 Motion Impossible 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 Motion Impossible notifies ); and 4.2.3 during the Customer 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 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. Motion Impossible PRSL shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible PRSL with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.4 If PRSL fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. 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 Customer's failure to provide PRSL with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.5 If the Customer fails to accept take delivery of the Goods within three Business Days of Motion Impossible notifying on the Customer 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 Motion Impossible’s PRSL'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 third Business Day following the day on which Motion Impossible notified the Customer that the Goods were ready; and (b) Motion Impossible shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).; and 4.6 If [ten] 4.5.2 if ten Business Days after Motion Impossible notified the Customer that failed to take delivery of the Goods were ready for delivery the Customer has not accepted still not taken delivery of them, Motion Impossible PRSL 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. 4.6 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 Motion Impossible 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 Motion Impossible shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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. 4.2 Motion Impossible 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 Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 4.2 Delivery of the Goods shall be completed on the 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. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.4 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.5 If the Customer fails to accept delivery of the Goods within three five Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the 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 third fifth Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible 4.5.2 the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance)) in the sum of £50 plus VAT per day. 4.6 If [ten] 30 Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting storage costs in accordance with clause 4.5.2 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. 4.7 Motion Impossible 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 Motion Impossible The Supplier shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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 4.2 Motion Impossible 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 Motion Impossible the Supplier notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the 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. Motion Impossible The Supplier shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If the Supplier fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Supplier shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event or the Customer's failure to provide the Supplier with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 4.6 If the Customer fails to accept delivery of the Goods within three Business Days of Motion Impossible the Supplier notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Supplier's failure to comply with its obligations under the Contract in respect of the Goods: (a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Motion Impossible the Supplier notified the Customer that the Goods were ready; and (b) Motion Impossible the Supplier shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7 If [ten] ten Business Days after Motion Impossible the Supplier notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible the Supplier may resell or otherwise dispose of part or all of the Goods and, after deducting reasonable storage and selling costs, account to the Customer for any excess over the price of the Goods or charge the Customer for any shortfall below the price of the Goods. 4.7 Motion Impossible 4.8 The Supplier may deliver the Goods by instalments, which shall 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 other instalment.

Appears in 1 contract

Samples: Terms and Conditions

Delivery of Goods. 4.1 Motion Impossible Pen Telecom shall ensure that that: a. each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant Customer and 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 Pen Telecom requires the Customer to return any packaging material to Pen Telecom, that fact is clearly stated on the delivery note. The Customer shall make any such packaging materials available for collection at such times as Pen Telecom shall reasonably request. Returns of packaging materials shall be at Pen Telecom’s expense. 4.2 Motion Impossible 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 Motion Impossible Pen Telecom notifies the Customer that the Goods are ready. 4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods 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. Motion Impossible Pen Telecom shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's ’s failure to provide Motion Impossible Pen Telecom with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 If Pen Telecom fails to deliver the Goods, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. Pen Telecom shall have no liability for any failure to deliver the Goods to the extent that such failure is caused by a Force Majeure Event the Customer’s failure to provide Pen Telecom with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods 4.6 If the Customer fails to accept or take delivery of the Goods within three ten Business Days of Motion Impossible Pen Telecom notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion ImpossiblePen Telecom’s failure to comply with its obligations under the Contract in respect of the Goods: (a) a. delivery of the Goods shall be deemed to have been completed at 9.00 am on the third eleventh Business Day following the day on which Motion Impossible Pen Telecom notified the Customer that the Goods were ready; and (b) Motion Impossible b. Pen Telecom shall store the Goods until delivery takes place, place and charge the Customer for all related costs and expenses (including insurance). 4.6 4.7 If [ten] thirty Business Days after Motion Impossible Pen Telecom notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, Motion Impossible Pen Telecom 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. 4.7 Motion Impossible 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: Master Service Agreement

Delivery of Goods. 4.1 Motion Impossible 5.1 The Company shall ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Order, all relevant 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. 4.2 Motion Impossible 5.2 The Company 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 Motion Impossible the Company notifies the Customer that the Goods are ready. 4.3 5.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location. 4.4 5.4 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Motion Impossible The Company shall not be liable for any delay in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Motion Impossible the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods. 4.5 5.5 If the Company fails to deliver the Goods, its liability shall be limited to the reasonable costs and expenses incurred by the Customer in obtaining replacement goods of similar description and quality in the cheapest market available, less the price of the Goods. The Company 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 Customer's failure to provide the Company with adequate delivery instructions for the Goods or any relevant instruction related to the supply of the Goods. 5.6 If the Customer fails to accept take delivery of the Goods within three five Business Days of Motion Impossible the Company notifying the Customer that the Goods are ready, then except where such failure or delay is caused by a Force Majeure Event or by Motion Impossible’s the Company's failure to comply with its obligations under the Contract in respect of the Goods: (a) 5.6.1 delivery of the Goods shall be deemed to have been completed at 9.00 am 9.00am on the third Business Day following the day on which Motion Impossible the Company notified the Customer that the Goods were ready; and (b) Motion Impossible 5.6.2 the Company shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance). 4.6 5.7 If [ten] ten Business Days after Motion Impossible the Company notified the Customer that the Goods were ready for delivery the Customer has not accepted taken delivery of them, Motion Impossible the Company 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. 4.7 Motion Impossible 5.8 The Company may deliver the Goods by instalments, which shall . If it does then each instalment will be invoiced and paid for and invoiced 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: Contract for the Supply of Goods and/or Services

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