Delivery of the Equipment. 6.1 CommsFM shall use its reasonable endeavours to deliver the Equipment to the Site within fourteen days of the Go Live Date or as soon as practicable thereafter but CommsFM shall not be liable to the Customer under any circumstances for the late delivery of or any failure to deliver the Equipment.
6.2 In the event that CommsFM is unable for whatever reason to procure the Equipment for delivery to the Customer within thirty days of the Go Live Date, CommsFM shall be entitled to resile from this Agreement without any liability to the Customer by giving written notice to that effect to the Customer.
6.3 The risk of loss or damage to the Equipment shall pass to the Customer on delivery of the Equipment to the Site.
Delivery of the Equipment. 8.1 We shall ensure that:
8.1.1 each delivery of the Equipment is accompanied by a delivery note which shows the date of this Agreement, all relevant reference numbers, special storage instructions (if any) and, if the Equipment are being delivered by instalments, the outstanding balance of Equipment remaining to be delivered; and
8.1.2 if we require you to return any packaging materials to us, that fact is clearly stated on the delivery note. You must make any such packaging materials available for collection at such times as we shall reasonably request. Returns of packaging materials shall be at our expense.
8.2 Unless we and you agree otherwise in writing, we shall deliver the Equipment to you at the Delivery Address within the Estimated Lead Time.
8.3 You must ensure that our delivery vehicle is able to access the Delivery Address to deliver the Equipment, including assuring that the access routes are of a sufficient size for the delivery vehicle and that there is space for the delivery vehicle to stop at the kerb-side outside the Delivery Address or otherwise within the Delivery Address. If you have any concerns in this respect, you must contact us as soon as possible.
8.4 We cannot leave the Equipment at the Delivery Location if you, or someone you have authorised to accept delivery, are not present to accept delivery. Anyone at the Delivery Address will be deemed to be authorised to accept delivery.
8.5 The Estimated Lead Time is approximate only, and the time of delivery is not of the essence. Subject to Clause 13.2, we shall not have any Liability for any delay in delivery of the Equipment that is caused by an Event of Force Majeure or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Equipment.
8.6 If you are not available to take delivery of the Equipment, we may leave instructions to arrange redelivery. We may also pass on to you any costs incurred by us as a consequence of no-one being available to take delivery.
8.7 If delivery of the Equipment is delayed by your unreasonable refusal to accept delivery, if you are not at the Delivery Address on the delivery date that we agree with you, if you refuse to sign for the delivery of the Equipment on delivery or if you do not (within one week of our first attempt to deliver the Equipment to you) accept delivery, then we may (without prejudice to any other right or remedy available to us) charge you for our reasonable stora...
Delivery of the Equipment. 1. The Lessor shall instruct the Seller to deliver the Equipment to the Lessee at the place referred to in column (c) of the Specific Agreement.
2. Upon receipt by the Lessee of the delivery notice of the Equipment from the Lessor, the Lessee, at its own expense, shall: (1) immediately take steps to inspect such Equipment and accept such delivery upon confirming that it is in good operation and there is no defect in it; (2) sign (or print name) and fix a seal on the Acceptance of the Delivery of the Equipment in the form prescribed by the Lessor; and (3) deliver the same to the Lessor (the date of delivery mentioned in the Acceptance of Delivery of the Equipment shall be hereinafter referred to as the “Acceptance Date”).
3. Except in the case that the Lessee refuses to accept the delivery of the Equipment due to a defect in the Equipment, as referred to in Paragraph 2 of this Article, if the Lessee refuses or delays the acceptance of delivery of the Equipment, the Lessor may, at its option, recover from the Lessee any damages caused by such refusal or delay, or terminate the Specific Agreement in accordance with the provision of Article 11, Xxxxxxxxx 0, Xxx-Xxxxxxxxx 8 and demand and receive payment from the Lessee of the stipulated loss value (the “Stipulated Loss Value”) in accordance with the provision of Article 11, Paragraph 3.
4. From the date of installation until the date of acceptance of delivery of the Equipment, the Lessee shall, at its own responsibility and expense, maintain the Equipment with due care.
Delivery of the Equipment. Both Parties hereby agree that: ● The Lessee shall be responsible for all the expenses and costs at the beginning of the Lease. ● The Lessee shall be responsible for the shipping of the Equipment to the Lessee’s premises. ● Upon terminating this Agreement, The Lessee shall be responsible for the shipping of the Equipment to the Lessor’s storage/maintenance premises.
Delivery of the Equipment. 5.1 The Customer shall ensure that it is ready for safe receipt of the Equipment on the Commencement Date set out in the Hire Agreement Form or as otherwise agreed between the Parties. The Customer shall be responsible for unloading and reloading the Equipment at the Location, and any driver or operator provided by the Supplier in connection with the delivery or collection of the Equipment shall be deemed to be under the Customer's control at the Location.
5.2 Upon delivery of the Equipment, the Customer shall examine and check the Equipment to ensure that it is visibly in good condition and working satisfactorily before the Customer accepts it or begins to use it. The Customer shall be required to sign a Transport Note and other documentation upon delivery of the Equipment. The signature of any person purporting to be an authorised representative of the Customer on the Transport Note or other documentation shall be sufficient evidence that:
5.2.1 the Supplier has delivered the Equipment in accordance with the Agreement;
5.2.2 the Customer has examined and checked the Equipment and confirms that it is visibly in good condition and working satisfactorily; and
5.2.3 the Customer has been made aware of any information and Instructions (including as to safe use of the Equipment) contained within or referred to in the documentation.
5.3 If delivery is delayed through the Customer’s unreasonable refusal to accept delivery, then the Supplier may (without affecting any other right or remedy available to the Supplier) deem the Commencement Date to be the date stated on the Hire Agreement Form and charge the Customer for the Hire Fees for the Hire Period (without any deductions) as if the Hire Period had proceeded as envisaged notwithstanding the delayed delivery.
Delivery of the Equipment. The Lessee shall be responsible for the shipping and handling of the Equipment to the Lessee’s location and for the shipping and handling of the Equipment back to the Lessor.
Delivery of the Equipment. 1. The CONSULTANT shall proceed to the transport and deliveries of the Equipment in accordance with Annex I, reserving the COMPANY the right to refuse early deliveries.
2. In the event of breach of the deadlines referred to in the previous numbers, the CONSULTANT shall be penalised under the terms of the provisions of Clause Twenty.
Delivery of the Equipment. (a) The Supplier will be responsible for arranging its design, manufacturing and shipping schedules so that the Equipment will arrive at the stipulated destination in accordance with the delivery schedule specified in the applicable purchase order.
(b) In the event of a delay or default in performance by the Supplier, OPG may, in its sole discretion, extend the time period for performance, upon conditions satisfactory to OPG. Any extension granted by OPG will not prejudice its ability to exercise its termination rights in the event of further delay or default.
Delivery of the Equipment. 3.1 Sedgman will deliver the Equipment in a timely manner to ensure the "SCHEDULE OF SERVICES" described in the Services Agreement is adhered to, including the Project Completion date.
3.2 Sedgman will attach to all Equipment identification "Tags" in accordance with the reference numbers outlined in Sedgman's information to identify each element of Equipment.
Delivery of the Equipment. 4.1 Subject to clause 4.5, Delivery of the Equipment shall be made in accordance with DAP Incoterms 2010 to the Location on the Delivery Dates.
4.2 NATEX shall be responsible for carriage, insurance, transport and all relevant licences (including export/import licences). NATEX shall be responsible for any delays to the Delivery due to licences not being available when required. All costs associated with the Delivery are included as an item in the Price. NATEX shall provide GW with an itemised breakdown of the insurance for the Equipment.
4.3 NATEX shall ensure the Equipment is properly packed and secured in such manner as to enable it to reach the Location in good condition and is accompanied by a delivery note which shows storage instructions at the Location.
4.4 All third party carriers engaged to deliver the Equipment shall at no time be an agent of or contracted to GW and accordingly NATEX shall be liable to GW for the acts and omissions of all such third party carriers.
4.5 Ownership of the Equipment shall pass from NATEX to GW on NATEX receiving the Acceptance Certificate and full payment from GW. GW must not commence any commercial production with the Equipment before the Acceptance Certificate is issued and the price is fully paid, however, this will not prevent GW from using the Equipment in order to qualify the CO2 Extraction Plant.
