Common use of Despatch and Delivery Clause in Contracts

Despatch and Delivery. Delivery of Goods shall be deemed to occur when the Goods are accepted in accordance with clause 13. The Goods, properly packed and secured in such a manner as to reach their destination in good condition, shall be delivered by the Seller at or despatched for delivery to the place or places and at the time or times and in the manner specified in the Order. Advice notes (which must show, inter alia, the Order number, the date of the Order, the number of packages and the contents) will be supplied with the Goods. If the Goods or any portion thereof are not delivered or the Services or any portion thereof are not performed within the time or times specified in the Order (or any extension of such time or times agreed to by the Buyer) the Buyer shall, without prejudice to its rights under clause 17.2, be entitled to terminate the Order so far as it relates to the Goods and/or Services undelivered as aforesaid and, further, so far as it relates to any other Goods already delivered or Services already performed which, in the opinion of the Buyer, cannot be exploited by reason of the non-delivery of the Goods and/or non-performance of the Services as aforesaid. On such termination the Buyer shall return to the Seller, at the Seller’s risk and expense, any of the Goods already delivered which cannot be exploited as aforesaid, subject to the Seller prior thereto refunding to the Buyer any monies paid by the Buyer in respect of such Goods and/or Services and compensating the Buyer for any additional expenditure incurred by the Buyer in obtaining alternative goods and/or services in replacement of those in respect of which the Order has been terminated, whether delivered or performed or not.

Despatch and Delivery. Delivery of Goods shall be deemed to occur when the Goods are accepted in accordance with clause 13. The Goods, properly packed and secured in such a manner as to reach their destination in good condition, shall be delivered by the Seller at or despatched for delivery to the place or places and at the time or times and in the manner specified in the Order. Advice notes (which must show, inter alia, the Order number, the date of the Order, the number of packages and the contents) will be supplied with the Goods. If the Goods or any portion thereof are not delivered or the Services or any portion thereof are not performed within the time or times specified in the Order (or any extension of such time or times agreed to in writing by the Buyer) the Buyer shall, without prejudice to its rights under clause 17.2, be entitled to terminate the Order so far as it relates to the Goods and/or Services undelivered as aforesaid and, further, so far as it relates to any other Goods already delivered or Services already performed which, in the opinion of the Buyer, cannot be exploited by reason of the non-delivery of the Goods and/or non-performance of the Services as aforesaid. On such termination the Buyer shall return to the Seller, at the Seller’s risk and expense, any of the Goods already delivered which cannot be exploited as aforesaid, subject to the Seller prior thereto refunding to the Buyer any monies paid by the Buyer in respect of such Goods and/or Services and compensating the Buyer for any additional expenditure incurred by the Buyer in obtaining alternative goods and/or services in replacement of those in respect of which the Order has been terminated, whether delivered or performed or not.