Common use of DELIVERY OF THE GOODS AND/OR SERVICES Clause in Contracts

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) ensure that the Goods have a delivery docket attached to them at the time that they are dispatched to be delivered to the Delivery Location that is signed by the person delivering the Goods; and (i) at the time of delivery of the Goods, have the delivery docket signed by the Purchaser’s representative, stating the time and date of delivery (signed delivery dockets will be evidence of delivery only and will not constitute or be deemed to constitute Acceptance of the Goods by the Purchaser). 6.6 Without prejudice and in addition to its other rights under this Contract, if the Supplier: (a) delivers the wrong type, quantity or quality of Goods then the Purchaser may accept or reject, entirely or in part the Goods delivered and where the Goods are to be returned to the Supplier, the Goods shall be packaged and returned at the Supplier’s expense; and/or (b) delivers the Goods at a time or place other than the Date for Delivery and the Delivery Location, then the Purchaser may refuse or reject the Goods, the Purchaser may, without prior notice, procure the Goods from another supplier, and the Supplier will be liable for any additional costs incurred by the Purchaser.

DELIVERY OF THE GOODS AND/OR SERVICES. 6.1 7.1 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 7.2 The Services must: (a) be commenced immediately uponupon the earlier of: (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 7.3 The Purchaser may, at its sole and absolute discretion, amend the Date for Delivery (acting reasonably) 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 Supplier of the new Date for Delivery. The Purchaser is not under any circumstances obliged to exercise this discretion reasonably or for the benefit of the Supplier. If the amended Date for Delivery is later, 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 7.4 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)Purchaser. If the Delivery Location is the Site, the The Purchaser will provide suitable and safe access for delivery vehicles used by the Supplier at all times. 6.5 7.5 The Supplier mustmust if requested by the Purchaser: (a) provide to the Purchaser a Program and strictly abide by that Program; (b) promptly advise the Purchaser when the Goods have been dispatched to the Delivery Location and provide the anticipated delivery time; (bc) promptly advise the Purchaser when the Goods arrive at the Delivery Location; (cd) ensure that the Goods are suitably packed to avoid damage in transit or storage; (de) ensure that the Goods are undamaged upon arrival to the Delivery Location; (ef) ensure that all Goods are clearly marked and identified; (fg) ensure that any Supplier Personnelpersonnel, consultants, agents or subcontractors present at the Delivery Location observe the rules of the Delivery Location, including any personal protective equipment requirements; (gh) 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; (hi) ensure that the Goods have a delivery docket attached to them at the time that they are dispatched to be delivered to the Delivery Location that is signed by the person delivering the Goods; and (ij) at the time of delivery of the Goodsdelivery, have the delivery docket signed by the Purchaser’s representative, stating the time and date of delivery (signed delivery. Signed delivery dockets will be evidence of delivery only and will not constitute or be deemed to constitute Acceptance acceptance of the Goods by the Purchaser). 6.6 7.6 Without prejudice and in addition to its other rights under this Contract, if the Supplier: (a) delivers the wrong type, quantity or quality of Goods then the Purchaser may accept or reject, entirely or in part the Goods delivered and where the Goods are to be returned to the Supplier, the Goods shall be packaged and returned at the Supplier’s expense; and/or (b) delivers the Goods at a time or place other than the Date for Delivery and the Delivery Location, then the Purchaser may (in its absolute discretion) refuse or reject the Goods, the Purchaser may, without prior notice, notice or procure the Goods from another supplier, and the Supplier will be liable for any additional costs incurred by the Purchaser.

DELIVERY OF THE GOODS AND/OR SERVICES. 6.1 The Goods will shall be delivered to the Delivery Location Address and any Services shall be performed at the Service Point 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 (or within 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 period stated 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 and during Normal Working Hours. 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 Seller will off-load 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 risk as directed by the Purchaser (if Customer. 6.2 Where the Delivery Location date of delivery of the Goods or of performance of the Services is to be specified after the Site). If the Delivery Location is the Siteplacing of Order, the Purchaser will provide suitable and safe access for delivery vehicles used by Customer shall give the Supplier at all timesSeller reasonable notice of the specified date. 6.5 The Supplier must: (a) promptly advise the Purchaser when the Goods have been dispatched 6.3 Subject 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 Personnel14.16, 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) ensure that the Goods have a delivery docket attached to them at the time that they are dispatched to be delivered to the Delivery Location that is signed by the person delivering the Goods; and (i) at the time of delivery of the Goods, have Goods and of performance of the Services is of the essence. 6.4 A packing note quoting the number of the Order must accompany each delivery docket signed by the Purchaser’s representative, stating the time and date of delivery (signed delivery dockets will be evidence of delivery only and will not constitute or be deemed to constitute Acceptance consignment of the Goods by the Purchaser)and must be displayed prominently. 6.6 Without prejudice and in addition to its other rights under this Contract, if the Supplier: (a) delivers the wrong type, quantity or quality of Goods then the Purchaser may accept or reject, entirely or in part the Goods delivered and where 6.5 If the Goods are to be returned delivered, or the Services are to be performed, in instalments, and if the Seller fails to deliver or perform any instalment or stage by the time required by the Order, the Customer shall have the right (but not the obligation) to treat the entire Contract as repudiated or to reject any or all subsequent instalments due under the Contract. 6.6 The Customer shall be entitled to reject any Goods delivered and/or Services performed if they are not fully in accordance with the Contract. Acceptance of Goods and Services shall only occur upon written confirmation from the Customer that the Goods and Services are fully in accordance with the Contract. 6.7 Goods rejected under Condition 6.6 above shall be removed by the Seller at its own risk and expense within six (6) Business Days from the date of the receipt of notice in writing that the Goods have been rejected and if the Seller fails to remove them within the period (or such other period as the Customer shall agree in writing with the Seller), the Customer may return the rejected Goods or any of them at the Seller’s risk and the cost of carriage shall be recoverable from the Seller. 6.8 The Seller shall, within five (5) Business Days of the date of the notice of rejection, repair, replace or re-perform (as applicable), at its own cost the non-conforming Goods or Services, and re-present the same for acceptance by the Customer. 6.9 The Customer shall not be obliged to return to the Supplier, the Goods shall be packaged and returned at the Supplier’s expense; and/or (b) delivers the Goods at a time Seller any packaging or place other than the Date packing materials for Delivery and the Delivery Location, then the Purchaser may refuse or reject the Goods, whether or not the Purchaser mayGoods are accepted by the Customer. 6.10 If the Goods are not delivered and/or the Services are not performed by the date required on the Order, without prior noticeprejudice to any other remedy, procure the Goods Customer shall be entitled to deduct from another supplier, the price the amount(s) set out on the Order by way of liquidated damages for delay (and the Supplier will be liable for any additional costs incurred by the Purchasernot as a penalty).

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 uponupon the: (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) ensure that the Goods have a delivery docket attached to them at the time that they are dispatched to be delivered to the Delivery Location that is signed by the person delivering the Goods; and (i) at the time of delivery of the Goods, have the delivery docket signed by the Purchaser’s representative, stating the time and date of delivery (signed delivery dockets will be evidence of delivery only and will not constitute or be deemed to constitute Acceptance of the Goods by the Purchaser). 6.6 Without prejudice and in addition to its other rights under this Contract, if the Supplier: (a) delivers the wrong type, quantity or quality of Goods then the Purchaser may accept or reject, entirely or in part the Goods delivered and where the Goods are to be returned to the Supplier, the Goods shall be packaged and returned at the Supplier’s expense; and/or (b) delivers the Goods at a time or place other than the Date for Delivery and the Delivery Location, then the Purchaser may refuse or reject the Goods, the Purchaser may, without prior notice, procure the Goods from another supplier, and the Supplier will be liable for any additional costs incurred by the Purchaser.