Common use of Delivery of the Goods by Instalments Clause in Contracts

Delivery of the Goods by Instalments. Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery of the Goods by instalments. If, however, the Customer does specify or agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its Delivery shall, without prejudice to any other rights or remedies of the Customer under this Call Off Contract and at Law, entitle the Customer to terminate the whole or any unfulfilled part of this Call Off Contract for Material Breach without further liability to the Customer. Subject to paragraph 9 of Call Off Schedule 9 (SMR and SMI), title to the Goods shall, without prejudice to any other rights or remedies of the Customer, pass to the Customer on the earlier of payment by the Customer of the Call Off Contract Charges or Delivery of the Goods into the Customer's tank. Subject to paragraph 9 of Call Off Schedule 9 (SMR and SMI), risk in the Goods shall, without prejudice to any other rights or remedies of the Customer, pass to the Customer at the time of acceptance of Delivery.