DELIVERY OF THE GOODS AND/OR SERVICES Sample Clauses

DELIVERY OF THE GOODS AND/OR SERVICES. 6.1 The Goods will be delivered to the Delivery Location on the Date for Delivery, or, if no date is specified, as soon as is reasonably possible and in accordance with any Direction given by the Purchaser. Delivery may be required on any day. 6.2 The Services must: (a) be commenced immediately upon: (i) the acceptance by the Supplier of a Purchase Order; (ii) the date for commencement as specified in the Purchase Order; or (iii) as otherwise directed by the Purchaser; (b) be performed: (i) if there is no Term, so that the Services achieve Completion on or before the Date for Delivery; or (ii) if there is a Term, so that the Services are performed for the duration of the Term; and (c) be carried out at the Delivery Location. 6.3 The Purchaser may, at its sole and absolute discretion, amend the Date for Delivery to an earlier or later date or if there is a Term, extend the Term by giving notice to the Supplier. Where there is a Date for Delivery, the Supplier must not deliver the Goods and/or Services until the amended later Date for Delivery and is not entitled to Claim any additional payments as a result of the amended later Date for Delivery. 6.4 On the Date of Delivery, the Supplier must, at its own expense (unless otherwise directed by the Purchaser), promptly load the Goods (if the Delivery Location is not the Site) or unload the Goods at the area(s) of the Delivery Location as directed by the Purchaser (if the Delivery Location is the Site). If the Delivery Location is the Site, the Purchaser will provide suitable and safe access for delivery vehicles used by the Supplier at all times. 6.5 The Supplier must: (a) promptly advise the Purchaser when the Goods have been dispatched to the Delivery Location and provide the anticipated delivery time; (b) promptly advise the Purchaser when the Goods arrive at the Delivery Location; (c) ensure that the Goods are suitably packed to avoid damage in transit or storage; (d) ensure that the Goods are undamaged upon arrival to the Delivery Location; (e) ensure that all Goods are clearly marked and identified; (f) ensure that any Supplier Personnel, consultants, agents or subcontractors present at the Delivery Location observe the rules of the Delivery Location, including any personal protective equipment requirements; (g) in the event that the Goods are lost, damaged or destroyed during delivery to the Delivery Location, indemnify the Purchaser for any losses in relation to that loss, damage or destruction; (h) ens...
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DELIVERY OF THE GOODS AND/OR SERVICES. All Goods and/or Services delivered to the Customer will comply with the Specifications reflected in the order document, read with Schedule B and Schedule C. The Supplier may only supply and deliver Substitute Goods to the Customer where the Supplier has obtained prior written consent to this effect from the Customer. If a date for delivery of the Goods and/or Services is specified in the order document, alternatively if Lead Times have been prescribed in Schedule D, the Supplier will deliver the Goods and/or Services on or before the specified date of delivery, or before expiry of the prescribed Lead Times. It is recorded and agreed that time is of the essence in respect of the supply and delivery of the Goods and/or Services. Should no date of delivery or Lead Time be specified in the order document or in Schedule D, the Goods and/or Services will be delivered within a reasonable time. The Supplier will deliver the Goods free of any defects to the Customer at the Delivery Address(es) specified in the order document, together with all relevant documentation received by the Supplier from the manufacturer. The Customer will provide the Supplier with access to the Delivery Address(es), subject to any restrictions and/or access requirements which may apply to such Delivery Address(es). The Supplier will present a Delivery Note to the Customer's duly authorised representative for signing, as confirmation of receipt of the Goods reflected in such Delivery Note. Alternatively, the Customer may opt in Schedule A that the Goods be delivered together with an original tax invoice, as opposed to a Delivery Note. The Supplier will inform the Customer of problems experienced with the procurement and/or delivery of any of the Goods and/or Services ordered by the Customer in accordance with the Service Levels. The Customer may, in its sole discretion, elect not to accept Partial Delivery or Late Delivery of the Goods and/or Services from the Supplier. The Supplier will update the Customer on Backorders and include details of all Backorders and Backorder Days in its Performance Report. All Goods and/or Services delivered pursuant to the Customer issuing an order document to the Supplier, is subject to inspection by the Customer's duly authorised representatives. The Customer may reject any Goods and/or Services after inspection thereof, provided that such rejection occurs in accordance with the provisions contained in clause 37.1. All documents, cases, crates, packages an...
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DELIVERY OF THE GOODS AND/OR SERVICES. 6.1 The Goods will be delivered to the Delivery Location on the Date for Delivery, or, if no date is specified, as soon as is reasonably possible and in accordance with any Direction given by the Purchaser. .‌ 6.2 The Services must be: (a) commenced immediately upon the acceptance by the Supplier of a Purchase Order or as otherwise directed by the Purchaser; (b) completed on or before the Date for Delivery; and (c) carried out at the Delivery Location. 6.3 The Purchaser may, at its sole discretion, amend the Date for Delivery to an earlier or later date by giving notice to the Supplier of the new Date for Delivery. The Supplier must not deliver the Goods and/or Services until the amended later Date for Delivery and is not entitled to claim any additional payments as a result of the amended later Date for Delivery.‌ 6.4 On the Date of Delivery, the Supplier (unless otherwise directed by the Purchaser), at its expense, shall promptly unload the Goods at the area(s) of the Delivery Location as directed by the Purchaser. The Purchaser will provide suitable and safe access for delivery vehicles used by the Supplier at all times.
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Related to DELIVERY OF THE GOODS AND/OR SERVICES

  • Delivery of the Goods 19.1 Unless otherwise expressly specified in the written acknowledgement of order, delivery of the Goods will be made ex-works as defined in INCOTERMS 2000. 19.2 Delivery of the Goods will be made during Supplier’s usual business hours. 19.3 Supplier will use reasonable endeavours to deliver and perform each of Buyer’s orders for the Goods within the time agreed when Buyer places an order and Supplier provides the acknowledgement of order and, if no time is agreed, then within a reasonable time, but the time of delivery will not be of the essence. If, despite those endeavours, Supplier is unable for any reason to fulfil any delivery on the specified date, Supplier will be deemed not to be in breach of this Contract, nor (for the avoidance of doubt) will Supplier have any Liability to Buyer for any delay or failure in delivery except as set out in this condition. Any delay in delivery will not entitle Buyer to cancel the Contract unless and until Buyer has given one hundred and twenty days’ written notice (or such longer period specified in the written acknowledgement of Contract) to Supplier requiring the delivery to be made and Supplier has not fulfilled the delivery within that period. If Buyer cancels the Contract in accordance with this clause then: 19.3.1 Supplier will refund to Buyer any sums which Buyer has paid to Supplier in respect of that Contract or part of the Contract which has been cancelled and has not been delivered or is not ready for delivery; and 19.3.2 Buyer will be under no liability to make any further payments under clause 4.1 in respect of that Contract or part of the Contract which has been cancelled. 19.4 Buyer will provide at its expense at the Delivery Point adequate and appropriate equipment and manual labour for loading the Goods. 19.5 If Buyer fails to take delivery of any of the Goods when they are ready for delivery or to provide any instructions, documents, licences or authorisations required to enable the Goods to be delivered on time (except solely on account of Supplier’s default), the Goods will be deemed to have been delivered on the due date and (without prejudice to its other rights) Supplier may: 19.5.1 store or arrange for storage of the Goods until actual delivery or sale in accordance with this clause and charge Buyer for all related costs and expenses (including, without limitation, storage and insurance); and/or 19.5.2 following written notice to Buyer, sell any of the Goods at the best price reasonably obtainable in the circumstances and charge Buyer for any shortfall below the price under the Contract or account to Buyer for any excess achieved over the price under the Contract, in both cases having taken into account any charges related to the sale. 19.6 Buyer shall provide or procure the provision to Supplier of all facilities and such other assistance and services as may be necessary to the extent and quality necessary to enable Supplier to fulfil its obligations under the Contract. This assistance shall include (but not be limited to) the timely provision of and access to information, data, accommodation, computing resources, appropriate Buyer employees and a safe working environment.

  • Delivery of Services Axon personnel will work Monday through Friday, 8:30 a.m. to 5:30 p.m., except holidays. Axon will perform all on-site tasks over a consecutive timeframe. Axon will not charge Agency travel time by Axon personnel to Agency premises as work hours.

  • Delivery of Software 1. SAP will deliver the Software as described in the Documentation and the Price List and will also provide the appropriate license key for the relevant End User. With regard to the features, quality and functionality of the Software the product description in the Documentation and the Price List is solely decisive. SAP does not own any additional features, quality or functionality. Distributor can, in particular, not assert any additional feature, quality or functionality from any public statements, publications or advertisements by SAP except to the extend SAP has expressly confirmed such additional feature, quality or functionality in writing. Any representation, warranty, undertaking or guarantee regarding additional features, quality or functionality is effective only if expressly confirmed by SAP’s management in writing. 2. After acceptance of an order, SAP will deliver to Distributor one copy of the relevant Software: a) on discs or other data media (“Physical Shipment”); or b) by making it available for downloading through the internet (usually on the SAP ServiceMarket Place (xxxx://xxxxxxx.xxx.xxx/swdc)) (“Electronic Delivery”). 3. The relevant Software and Documentation will be deemed delivered (including but not limited for the purpose of fixed delivery dates or timely delivery) and the risk passes to Distributor: a) in case of Physical Shipment, when the relevant disc or other data media thereof is handed over to the freight carrier (FCA - Free Carrier (named place of delivery), Incoterms 2010); or b) in case of Electronic Delivery, when SAP has made an electronic copy thereof available for downloading and has informed Distributor accordingly, (“Delivery”). 4. Upon Distributor’s request or if stipulate in the order, SAP may agree to provide Software and/or the appropriate license key directly to the relevant Open Ecosystem Partner instead (“Open Ecosystem Partner Delivery”). In case of Open Ecosystem Partner Delivery, the provisions set out in this Article 5 (Delivery of Software) will apply analogously; delivery to Distributor will be deemed to occur upon Delivery to the Open Ecosystem Partner. 5. Upon Distributor’s request or if stipulate in the order, SAP may agree to provide Software and/or the appropriate license key directly to the relevant End User instead (“End User Delivery”). In case of End User Delivery, the provisions set out in this Article 5 (Delivery of Software) will apply analogously; delivery to Distributor will be deemed to occur upon Delivery to the End User. 6. SAP might be entitled to suspend the delivery of the Software, Maintenance Services, applicable license key or both to Distributor, Open Ecosystem Partner or End User or both as further set out in this Sell On Premise Distribution Model as well as the Distribution GTCS. 7. If Distributor receives a new copy of the Software, Documentation and/or other SAP Materials that replaces previously provided Software, Documentation and/or other SAP Materials, Distributor must distribute that newest copy provided and either destroy or upon SAP’s request return previous copies. 8. Distributor must not make the Software, Documentation and/or other SAP Materials available to the Open Ecosystem Partner or End User by any means other than by delivering the Software, Documentation and/or other SAP Materials as originally provided by SAP. Distributor’s right to pass on the Software, Documentation and/or other SAP Materials is subject to the provisions of this Agreement.

  • Delivery of Equipment (a) We will try to deliver Equipment to you on the delivery date (Delivery Date) and at the address (Site) indicated on your Application during normal business hours in that area. (b) Variations at your request to Delivery Date or Site: (i) are at our discretion; and (ii) may be subject to conditions, including extra Charges.

  • Delivery of the Property The Fund will deliver or arrange for delivery to PFPC Trust, all the Property owned by the Portfolios, including cash received as a result of the distribution of Shares, during the term of this Agreement. PFPC Trust will not be responsible for any assets until actual receipt.

  • Delivery of Materials In the event of any expiration or termination of this Agreement, Contractor shall promptly provide the JBE with all originals and copies of the Deliverables, including any partially-completed Deliverables-related work product or materials, and any JBE-provided materials in its possession, custody, or control. In the event of any termination of this Agreement, the JBE shall not be liable to Contractor for compensation or damages incurred as a result of such termination; provided that if the JBE’s termination is not for cause, the JBE shall pay any fees due under this Agreement for Services performed or Deliverables completed and accepted as of the date of the JBE’s termination Notice.

  • Delivery of the Collateral (a) Each Pledgor agrees promptly to deliver or cause to be delivered to the Collateral Agent any and all Pledged Securities, and any and all certificates or other instruments or documents representing the Collateral. (b) Each Pledgor will cause any Indebtedness for borrowed money owed to the Pledgor by any person to be evidenced by a duly executed promissory note that is pledged and delivered to the Collateral Agent pursuant to the terms thereof.

  • Delivery of the Premises When Landlord’s Work is Substantially Complete, subject to the remaining terms and provisions of this Section 3(e), Tenant shall accept the Premises. Tenant’s taking possession and acceptance of the Premises shall not constitute a waiver of: (i) any warranty with respect to workmanship (including installation of equipment) or material (exclusive of equipment provided directly by manufacturers), (ii) any non-compliance of Landlord’s Work with applicable Legal Requirements, or (iii) any claim that Landlord’s Work was not completed substantially in accordance with the TI Construction Drawings (subject to Minor Variations and such other changes as are permitted hereunder) (collectively, a “Construction Defect”). Tenant shall have one year after Substantial Completion within which to notify Landlord of any such Construction Defect discovered by Tenant, and Landlord shall use reasonable efforts to remedy or cause the responsible contractor to remedy any such Construction Defect within 30 days thereafter. Notwithstanding the foregoing, Landlord shall not be in default under the Lease if the applicable contractor, despite Landlord’s reasonable efforts, fails to remedy such Construction Defect within such 30-day period, in which case Landlord shall have no further obligation with respect to such Construction Defect other than to cooperate, at no cost to Landlord, with Tenant should Tenant elect to pursue a claim against such contractor. Tenant shall be entitled to receive the benefit of all construction warranties and manufacturer’s equipment warranties relating to equipment installed in the Premises. If requested by Tenant, Landlord shall attempt to obtain extended warranties from manufacturers and suppliers of such equipment, but the cost of any such extended warranties shall be borne solely out of the TI Fund. Landlord shall promptly undertake and complete, or cause to be completed, all punch list items.

  • Delivery of Materials to Underwriters The Company will deliver to each of the several Underwriters, without charge and from time to time during the period when a prospectus is required to be delivered under the Act or the Exchange Act, such number of copies of each Statutory Prospectus, the Prospectus and all amendments and supplements to such documents as such Underwriters may reasonably request.

  • Delivery of Products 4.1 The Supplier shall ensure that:‌ (a) Products are properly packed and secured in such manner as to enable them to reach their destination in good condition; (b) each delivery of Products is accompanied by a delivery note which shows the date of the Order, the Order number (if any), the type and quantity of Products (including the code number of the Products, where applicable), special storage instructions (if any) and, if the Products are being delivered in instalments, the outstanding balance of Products remaining to be delivered; and‌ (c) it states clearly on the delivery note any requirement for Ornua to return any packaging material for the Products to the Supplier. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier. 4.2 The Supplier shall deliver the Products:‌ (a) to the location set out in the Order or such other location as the parties may agree which may include delivery to a carrier (Delivery Location); and (b) on the date specified in the Order or, if no such date is specified, on a date agreed with Ornua in advance (Delivery Date). Delivery shall be on a Business Day during normal business hours, unless agreed otherwise with Ornua or otherwise instructed by Ornua.‌ 4.3 Delivery of Products shall be completed when the Supplier unloads and stacks the Products at the Delivery Location, unless different delivery terms (or Incoterms®) are specified in the Order. 4.4 Ornua operates a “Just-in-Time” delivery system. Time shall be of the essence in relation to the Delivery Date and any agreed delivery time. If the Products are not delivered on time by the Supplier, clause 6.1 shall apply.‌ 4.5 If the Supplier delivers more that the quantity of Products ordered, Ornua shall not be bound to pay for the excess and any excess shall be and shall remain at the Supplier’s risk and shall be returnable at the Supplier’s expense. 4.6 The Supplier shall not deliver Products in instalments without Ornua's prior written consent. Where it is agreed that Products are to be delivered in instalments, they may be invoiced and paid for separately. Failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle Ornua to the remedies set out in clause 6.1. 4.7 Title and risk in the Products shall pass to Ornua on completion of delivery.

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