Delivery Risk. 4.2.1 As between the Parties, the risk and expense of the delivery of Gold Bullion under this Agreement, including, without limitation, risk of a Force Majeure occurrence, accident, theft, loss or product liability, shall be solely borne by Carrier until such time as Carrier delivers the Gold Bullion to the Delivery Point Contact in accordance with the terms of the Delivery Notice, or as permitted under Section 4.2.1.2 to BMO at which time (the “Delivery Completion Time”) the delivery will be deemed to have been completed; provided that:
4.2.1.1 Carrier shall continue to be responsible for any defect in Gold Bullion delivered under this Agreement if such defect existed at the time of such delivery, the Delivery Point Contact notifies BMO of such defect within 15 days of receipt thereof, and the Delivery Point Contact has not opened, removed or tampered with the original holder in which the relevant Gold Bullion was delivered; in which case Carrier, conditioned upon receipt by Carrier of the defective Gold Bullion, shall be solely responsible, at its expense, for any costs associated with delivering the relevant Delivery Point Contact Gold Bullion free of any defects in replacement of such defective Gold Bullion and to obtain a receipt from the Delivery Point Contact in respect thereof; provided, however, such replacement will be Carrier's sole and exclusive obligation and liability with respect to such defective Gold Bullion. In no event will Carrier be liable for any damages caused by such defective Gold Bullion or for lost profits or savings or other consequential damages or special damages, regardless of the form of the action, whether in contract or in tort, including negligence, even if Carrier has been advised of the possibility of such damages, or for any claim against BMO or any other party, arising from or relating to such defective Gold Bullion.
4.2.1.2 Except where a Delivery Point Contact refuses to accept delivery of Gold Bullion by reason of a defect existing at the time of such delivery, if Carrier is unable to deliver Gold Bullion in accordance with the instructions contained in the Delivery Notice, within the timeframes required under this Agreement, despite using its reasonable commercial efforts to effect such delivery, upon notice to BMO Carrier shall be entitled not to effect such delivery but may deliver such Bullion to BMO in lieu thereof to an address specified by BMO and shall be entitled to receive payment therefor as if such deli...
Delivery Risk. Without limiting any other provisions herein, the delivery of Products under this GTCoS is conditional upon the Seller being able to source the Products on commercially viable terms to the satisfaction of the Seller, and conditional upon the Seller’s suppliers (and any other vendors connected with the supply and delivery of the Products) (together, “Brenntag Suppliers”) being able to deliver the Products in a timely basis in accordance with the instructions of the Seller. In the event there is any inability or commercial hardship to supply, or delay in delivery of the Products to the Seller by Brenntag Suppliers, including Brenntag Suppliers’ agents, contractors, logistics providers or any intermediaries engaged by the Brenntag Suppliers for the purposes of exporting, delivering, importing or transporting the Products (as applicable) (“Delay or Non-Delivery”), the Seller shall not be held liable to the Buyer for any loss suffered by the Buyer arising in connection with the Delay or Non-Delivery and, in this respect, the Seller reserves all its right to declare Force Majeure under clause 10 herein. Subject to any duly executed Formal Agreement or otherwise agreed by the Seller in writing, the delivery of the Products shall take place and risk in the Products will pass in accordance with EXW Incoterms 2020, with the designated place of delivery being as stated in the order confirmation or equivalent issued by the Seller. The Seller will endeavor to deliver Products on the specified date but shall not be liable for failure to do so for any reason. The time for delivery shall not be of essence. Where the Products are to be delivered in instalments, each delivery shall constitute a separate contract, and failure by the Seller to deliver any one or more of the instalments or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat this contract as repudiated as a whole. The Seller’s weight and measurement will govern unless proven incorrect. The Buyer shall advise the Seller of and approve all documents as may be required by the relevant authorities at the port of destination for clearance of the Products. The Buyer alone shall be responsible for obtaining translation of any required documents in local language. The Seller shall not be responsible for clearance of the Products, or liable for demurrage, detention or port charges, or any other costs and expenses incurred in connection with detention or delay in clearanc...
Delivery Risk. 7.1 In the case of tangible goods, CMS will deliver them to the Customer, its agent or nominee, to a carrier, address of the Customer or as otherwise agreed in writing.
7.2 Without limiting the Customer’s rights at law, delivery of tangible goods is deemed to take place upon the earlier of: (a) delivery of them to the Customer, its agent or nominee, or (b) to a relevant carrier commissioned, or (c) at the place otherwise agreed in writing. Delivery and freight charges and related costs and amounts are payable by the Customer.
7.3 The delivery of goods may be made in instalments and each such instalment shall be treated as a severable obligation.
7.4 CMS will use reasonable efforts to deliver relevant goods to the Customer by the date and to the place or person contemplated. Without limiting clause 16 (Statutory Rights), CMS shall not be liable for late delivery or any delay in delivery.
7.5 The risk in tangible goods shall pass to the Customer upon delivery in accordance with the above provisions.
7.6 If requested by CMS, the Customer shall from the time of delivery until CMS has received payment for all goods in full, insure the goods for their full replacement value and provide to CMS upon its request evidence of such insurance. CMS reserves the right to take out such insurance (on any terms and in any amount or extent of cover) at the cost and expense of the Customer.
Delivery Risk. 11.1 The goods shall be delivered by THE SUPPLIER to THE APPLICANT, and delivery of the goods shall be deemed to have been made by THE SUPPLIER to THE APPLICANT -
11.1.1 where THE SUPPLIER transports the goods - when the goods are offloaded at THE APPLICANT’S premises or at such other address as may have been nominated by THE APPLICANT; and
11.1.2 where THE APPLICANT collects the goods - when possession of the goods is given to THE APPLICANT or THE APPLICANT's nominated carrier or agent or another recipient.
11.2 Signature of a Company delivery note or invoice by any employee of THE APPLICANT or of THE APPLICANT's nominated carrier, agent or recipient, as the case may be, shall be prima facie proof of delivery to THE APPLICANT of the goods reflected in such delivery note/invoice.
11.3 THE SUPPLIER does not guarantee or warrant delivery of any goods, and THE SUPPLIER shall not be liable for any loss or damage including (without limitation) any loss of trade or profit, arising from or consequent upon the non-delivery or delayed delivery or partial delivery of any goods to THE APPLICANT for whatsoever reason or cause.
11.4 Should THE SUPPLIER make delivery of part only of any order then THE APPLICANT shall not be entitled to cancel the order in respect of those goods delivered or the balance of the order and shall be obliged to accept such delivery of and pay for the goods so delivered.
11.5 All risk in and to the goods shall pass to THE APPLICANT on delivery of the goods by THE SUPPLIER to THE APPLICANT.
Delivery Risk. 3.1 In consideration for the payment of the Price and any other sums due by Customer under this Contract, Supplier shall supply to Customer the Products referred to in the Order.
3.2 Supplier expects to deliver most Orders within approximately two Working Days from the date of receipt of the Order, but time shall not be of the essence. Supplier shall use its reasonable endeavours to meet any timeframes expressly agreed by Supplier and Customer’s reasonable delivery instructions. Any timeframe for delivery in a previous contract shall not be an indication of the timeframe for delivery in this Contract
3.3 Supplier reserves the right to delay delivery or cancel an Order if the amount owing by Customer to Supplier exceeds any credit limit for credit extended by Supplier to Customer from time to time or if any payment due from Customer to Supplier has not yet been made.
3.4 Packaging shall be in accordance with Supplier’s customary practices. Supplier may charge for its time and materials at its normal rates for packaging. Supplier may also charge for crates and cases, such payment being refundable upon Supplier’s receipt of them back in good condition to its satisfaction. In addition, Supplier may also charge for pallets, such payment being refundable upon Supplier’s receipt of them back in good condition to its satisfaction within seven days of delivery of the Products. Polythene sacks are non- returnable. If Customer would like a special request for packaging, this is subject to Supplier’s agreement and Customer shall pay any extra cost charged by Supplier.
3.5 Customer shall be solely responsible for disposal of any waste arising from the Products and shall comply with all applicable laws, regulations, byelaws, codes of practices and licences arising from such disposal. Customer shall indemnify and keep indemnified Supplier against all losses, liabilities, costs, expenses, demands, judgments, claims and fines made in respect of breach by Customer of this Clause 3.5.
3.6 Partial delivery or performance shall be permitted. Supplier may deliver the Products in instalments. Supplier may invoice Customer for each instalment.
3.7 Delay, default or non-delivery of any instalment by Supplier shall not entitle Customer to cancel or terminate, and shall not affect, the remainder of this Contract.
3.8 Unless otherwise agreed in writing between the Parties, this Contract is for delivery of the Products ex works (Incoterms 2010) at Supplier’s normal location for despat...
Delivery Risk. The Recipient has sole liability for any loss caused by any carrier or other agent engaged by any Supplier Agent or Recipient Agent for the purpose of Products Delivery to the Performance Site.
Delivery Risk. 12.1 Delivery shall occur when the Goods arrive at the delivery address or 2 working days after delivery or collection is offered to You.
12.2 If You fail to take or make arrangements to accept delivery or to collect the Goods or if We are unable to deliver because of inadequate access or instructions delivery shall be deemed to have taken place and We may do any one or more of the following (without prejudice to any other right or remedy We may have):-
(a) make additional charges for any further delivery.
(b) store the Goods at Your risk and cost.
(c) invoice You for the Goods.
(d) suspend or terminate this contract without liability on Our part.
(e) recover from You all costs and losses incurred by Us.
12.3 Delivery dates are given in good faith but are estimates only. Time for delivery is not of the essence.
12.4 Standard lead times vary according to product. Time estimates will be revised on receipt of Your order and times will not run until we are in receipt of all information required from You including any written approvals as requested by Us. We reserve the right to vary any time estimate should further information about factory loading become apparent to Us at the time that such loading becomes known.
12.5 We shall not be liable for any damages whatsoever whether direct or indirect (including for the avoidance of doubt any liability to any third party) resulting from any delay by Us in delivery of the Goods or failure to deliver the Goods in a reasonable time where such delay or failure is beyond Our reasonable control.
12.6 The works undertaken by us may on occasion be subject to purchase orders which are called off from time to time as and when product is required. In relation to any purchase orders for works undertaken by us we hereby confirm that each instalment of works pursuant to a Purchase Order shall be divisible and:
a. Shall be deemed to arise from a separate contract
b. Shall be invoiced separately and any invoice for delivery pursuant to a Purchase Order shall be payable by you in full without deduction or set off in accordance with the terms of payment provided for therein without reference to and notwithstanding any defect or default in the supply of any other instalment or of any other instalment under any other contract.
12.7 You will indemnify Us in respect of all losses damages costs and expenses incurred as a result of delivery in accordance with Your instructions. This indemnity will be reduced in proportion to the extent that...
Delivery Risk. 8.1 The Performance shall be deemed completed when the Principal has approved the Performance in writing. On the occasion of Completion, a Completion Report shall be drawn up, to be signed by both parties.
8.2 If the Client determines that, in view of the nature and scope of the shortcomings, Delivery cannot reasonably be made, the Contractor shall, after consultation with the Client, propose a new date on which the Performance will be ready for Delivery.
8.3 After Delivery, the Performance is at the risk of Client.
8.4 Any shortcomings found by the Client after Delivery shall be remedied by the Contractor as soon as possible. The Contractor shall be liable for defects which were not discovered upon Completion, unless these defects are not attributable to the Contractor.
8.5 The maintenance period of Contractor shall (as far as applicable) be at least equal to the maintenance period resulting for Client from the main contract for services with Client. If there is no question of a principal, a maintenance period of six months shall commence for the structural part of the Performance on the day after Delivery, unless Parties have agreed otherwise. A maintenance period of twelve months applies to the installation part.
8.6 At the time of Delivery, the Contractor shall provide all the overviews mentioned in the Agreement of the materials used in the Performance. In case these are not mentioned in the Agreement, this concerns at least: guarantee declarations, factory guarantees, maintenance instructions and other similar documents.
Delivery Risk. 4.1 Borg Dental shall arrange delivery of the Products & Services to the Customer’s premises but if the Products & Services are damaged in any way during transportation or delivery then our liability is limited to repairing or replacing it if Borg Dental believes that is required.
4.2 Borg Dental will not be responsible for any costs or losses resulting from delays in the repair or replacement of the Products & Services.
4.3 Through a selected freight company by Borg Dental, we will organise the delivery of the Products & Services to the Customer ordered to the address specified in the order, within the agreed time frame, subject to their availability. Borg Dental, where goods are not available will notify the Customer as soon as possible.
4.4 Goods may be delivered in instalments and the Customer will be notified of such a decision.
Version 1.1 May 2012
4.5 Freight charges are applicable & may vary from time to time. The Customer will be charged for any freight charges associated with delivery.
Delivery Risk. 1. Delivery times are provided for indicative purposes and do not represent an obligation to achieve a given result. Cases of force majeure (see Art. 11.7) by the seller or the latter's supplier are sufficient grounds for any delay in delivery, even for deliveries punishable by a fine or compensation in the event of a special contractual provision. Special provisions also include at the most making weathertight and not the finish. Changes in the orders will automatically lead to the expiry of the specified delivery times. Before commencement, XXXXXXXXXX must be provided with all necessary information, including any authorisations, measurements, etc.
2. Any ordered goods and materials, both in case of acceptance and purchase, will always be transported at the customer’s own risk, even if we have agreed to handle transport. The customer-consumer only bears the cost. Storage of the goods pending delivery or collection is at the customer's risk. The co-contractor should ensure that the person who receives the goods and signs the CMR document is authorised to do so. The parties hereby acknowledge that the stipulated allocation of risks was a factor in the agreed price and that mutual concessions were made.
3. If the customer fails to take delivery of the goods, a fee of 6.5 euros/m³ per month will be charged.
4. In cases of delivery on request, such deliveries must accordingly be made at regular intervals. If the calls are not made regularly, the seller is free by rights to charge statutory rates of interest on the anticipated prices for the quantities made available, from the normal delivery dates to the actual delivery dates, without prejudice to the right to terminate the agreement out of court at the expense of the customer after the serving of formal notice. 5. When goods are ordered in types of wood that have yet to be imported, delivery is subject to 'good delivery'. This concerns both the reasonable availability of the timber at a reasonable market price and the actual delivery and transport risk. Such orders will be cancelled by rights if the timber is not available within four months of the estimated delivery date. This shall not give rise to any compensation. The parties acknowledge that the preceding clauses on wood to be imported are reasonable in view of the specific nature of the goods and the specific nature of the market.
