Common use of Delivery Quantities Clause in Contracts

Delivery Quantities. 11.1 The Seller shall be permitted to make delivery in instalments, which shall be invoiced and paid for separately. The size of each instalment shall be determined by the Seller. 11.2 Where the Product is delivered in instalments, any claim by the Buyer in respect of one or more instalments shall not entitle the Buyer to treat the Agreement as a whole as repudiated. 11.3 The Seller shall not be obliged to supply Product: 11.3.1 in excess of any maximum supply quantities; or 11.3.2 in respect of Orders which do not meet any minimum supply quantities, which are notified to the Buyer by the Seller from time to time (whether such maximum or minimum supply quantities apply on an Order, monthly, annual or other basis). 11.4 The Seller is permitted to deliver up to 5% more or 5% less than the quantity ordered and the quantity delivered shall be deemed to be the quantity ordered. The Price shall be adjusted on a pro-rata basis in respect of any under or over delivery.‌ 11.5 Where the Product is to be delivered in instalments, clause 11.4 shall also apply to each instalment. 11.6 If there is any dispute regarding the quantity of Product delivered, the Seller’s weights taken prior to dispatch shall prevail except in the case of manifest error.

Delivery Quantities. 11.1 The Seller shall be permitted to make delivery in instalments, which shall be invoiced and paid for separately. The size of each instalment shall be determined by the Seller. 11.2 Where the Product is delivered in instalments, any claim by the Buyer in respect of one or more instalments shall not entitle the Buyer to treat the Agreement as a whole as repudiated. 11.3 The Seller shall not be obliged to supply Product: 11.3.1 in excess of any maximum supply quantities; or 11.3.2 in respect of Orders which do not meet any minimum supply quantities, which are notified to the Buyer by the Seller from time to time (whether such maximum or minimum supply quantities apply on an Order, monthly, annual or other basis). 11.4 The Seller is permitted to deliver up to 5% more or 5% less than the quantity ordered and the quantity delivered shall be deemed to be the quantity ordered. The Price shall be adjusted on a pro-rata basis in respect of any under or over delivery.‌delivery. 11.5 Where the Product is to be delivered in instalments, clause 11.4 shall also apply to each instalment. 11.6 If there is any dispute regarding the quantity of Product delivered, the Seller’s weights taken prior to dispatch shall prevail except in the case of manifest error.

Delivery Quantities. 11.1 The Seller shall be permitted to make delivery in instalments, which shall be invoiced and paid for separately. The size of each instalment shall be determined by the Seller. 11.2 Where the Product is delivered in instalments, any claim by the Buyer in respect of one or more instalments shall not entitle the Buyer to treat the Agreement as a whole as repudiated. 11.3 The Seller shall not be obliged to supply Product:Product:11. 11.3.1 3.1 in excess of any maximum supply quantities; oror 11. 11.3.2 3.2 in respect of Orders which do not meet any minimum supply quantities, which are notified to the Buyer by the Seller from time to time (whether such maximum or minimum supply quantities apply on an Order, monthly, annual or other basis). 11.4 The Seller Supplier is permitted to deliver up to 5% more or 5% less than the quantity ordered and the quantity delivered shall be deemed to be the quantity ordered. The Price shall be adjusted on a pro-rata basis in respect of any under or over delivery.‌delivery. 11.5 Where the Product is to be delivered in instalments, clause 11.4 shall also apply to each instalment. 11.6 If there is any dispute regarding the quantity of Product delivered, the Seller’s weights taken prior to dispatch shall prevail except in the case of manifest error. 12.