Dispatch and Delivery. 3.5.1. All goods are inspected, and condition documented at time of dispatch.
3.5.2. The Purchaser shall inspect the goods immediately upon delivery. If the goods are damaged or do not conform to the order, the Purchaser must provide Sculpt with written notice detailing the issue within seven days of the delivery date. If the Purchaser fails to provide notice to Sculpt within seven days, the Purchaser shall be considered to have waived and released Sculpt from any claims related to the goods.
3.5.3. Any Goods that are subject to written notice under clause 3.5.2 must be kept in the state and condition in which they were delivered until Sculpt or its authorized agent has inspected them. This inspection will be conducted within a reasonable time after notification by the Purchaser. If the Goods are not maintained in their original state and condition, the Purchaser shall be deemed to have waived and released Sculpt from any claims related to the Goods that would have been applicable but for this release.
3.5.4. Delivery is considered to have occurred when the goods are loaded to the purchasers arranged transport vehicle at the collection point made available by Sculpt.
3.5.5. Sculpt is not liable for any changes to the condition of stock after dispatch from our warehouse.
3.5.6. The Customer is responsible for the cost of transporting the goods from Sculpt. The Customer assumes all liability on the condition of the goods once the order has been dispatched from Sculpt’s nominated warehousing location. An Ex-Works arrangement is to be assumed for all stock sent by Xxxxxx unless otherwise mutually agreed in writing.
3.5.7. While at request Sculpt can arrange freight on a customer’s behalf, the payment of any freight costs and all administration are the responsibility of the customer. Freight costs must be paid prior to dispatch of any order.
3.5.8. Sculpt Fireplace Collection is not liable for any claims related to non-fulfillment or delayed delivery of Goods, or for any loss or damage (including consequential losses) incurred by the Purchaser arising directly or indirectly from a delivery delay or failure due to circumstances beyond Sculpt Fireplace Collection's reasonable control. The Purchaser must accept the Goods even in the case of late delivery.
3.5.9. All freight-related matters must be addressed directly between the customer and the freight provider. Sculpt assumes no liability for resolving any freight-related matters, irrespective of whether the frei...
Dispatch and Delivery. 5.1 Any date or time supplied by the Supplier for dispatch and delivery is to be treated as an estimate only. Dispatch may be postponed because of conditions beyond the Supplier’s reasonable control and in no event shall the Supplier be liable for any damages or penalty for delay in dispatch or delivery.
5.2 Products supplied by the Supplier are delivered at the risk of the Supplier unless the Reseller stipulates a special method of delivery in which case Products are delivered at the risk of the Reseller.
5.3 The Reseller must inspect the Products immediately after delivery is complete. If any Products are damaged (or not delivered) the Reseller must notify the Supplier within 48 hours of the delivery or expected delivery. If proof of delivery is required this must be requested within 7 days of the date of the invoice.
5.4 The Supplier shall be entitled to assume that any person who both reasonably appears and claims to have authority to accept delivery and who signs a delivery manifest in respect of the Products on behalf of the Reseller or the Reseller’s customer (if the Supplier has agreed to deliver direct) shall in fact have that authority to do so.
5.5 For the purpose of this Agreement and where the Supplier has agreed to deliver Products direct to the Reseller’s customer any such delivery shall be deemed to be delivery to the Reseller and any refusal by the Reseller’s customer to accept delivery shall be deemed a refusal by the Reseller.
Dispatch and Delivery. 20.1.1 The Parties shall ensure dispatch and delivery of coal in accordance with the provisions of the FSA.
20.1.2 The WDO shall be solely responsible for the transportation, delivery and safety of the raw coal from the Delivery Point to the Washery and subsequently for the transportation and delivery of the washed coal from the Washery to their respective Specified End-Use Plant.
Dispatch and Delivery. Following the Commercial Operation Date and throughout the Term, Buyer shall schedule deliveries of Charging Energy and Discharging Energy by providing Charging Notices and Discharging Notices subject to the Operating Limitations and in accordance with this Agreement, the Interconnection Agreement and all applicable CAISO, WECC and NERC rules, including the requirements below:
(a) Buyer shall not issue Charging Notices or Discharging Notices, or schedule any Discharging Energy or Charging Energy (i) during any Emergency, Forced Outage, outage due to Planned Maintenance or Force Majeure event, or (ii) in a manner that would result in a reduction of the quantity of Energy that the Solar Project would otherwise be capable of producing or delivering. Each Charging Notice will be effective unless and until Buyer modifies such Charging Notice by providing Seller with an updated Charging Notice, and each Discharging Notice will be effective unless and until Buyer modifies such Discharging Notice by providing Seller with an updated Discharging Notice.
(b) Buyer acknowledges and agrees that the Interconnection Agreement establishes a maximum capacity amount and that such capacity shall be a limit on, and jointly used by, the Project and the Solar Project, provided that delivery of Energy from the Solar Project to the Delivery Point shall take priority over Discharging Energy.
(c) Buyer shall arrange and be responsible for transmission service at and from the Delivery Point and shall schedule or arrange for scheduling services with the Interconnecting Utility to provide Charging Energy at the Delivery Point and receive Discharging Energy at the Delivery Point. Costs, expenses, penalties or other charges assessed by CAISO, WECC, the Interconnecting Utility, or any other Person in connection with the scheduling, offering or bidding and delivery of the Project shall be the sole responsibility of Buyer, including for the avoidance of doubt any amounts associated with all Charging Energy and any negative pricing.
(d) Without limiting the generality of this Section 4.2, Buyer shall at all times during the Term be solely responsible for any obligations and liabilities imposed by CAISO, WECC and the Interconnecting Utility or under CAISO or WECC rules with respect to the Project, including all charges, penalties, financial assurance obligations, losses, transmission charges, ancillary service charges, line losses, congestion charges and other CAISO, WECC and applicable syst...
Dispatch and Delivery. In the event of the goods being forwarded, we are entitled to choose the means of transportation and the dispatch route without any liability. This exemption is not valid if, in the course of a business transaction with traders, one of our executive employees, or, in the course of a business transaction with non- traders, one of our employees has acted with gross negligence. When the objects of purchase are handed over to the forwarding agent, the carrier or the customer as collector, or when the objects of purchase leave the factory or the warehouse, any risk is transferred to the purchaser. In the event of delivery including mounting or installation, the risks are transferred on the day of absorption in the purchaser's own factory, or, if agreed, after a flawless trial operation. In the event of the dispatch, delivery, start, execution of the mounting or installation, absorption in the own factory, or the trial operation being delayed due to reasons the purchaser is responsible for, or in the event of the purchaser defaulting the acceptance due to other reasons, the risk is transferred to the purchaser. Provided there is not any restraint on the part of the purchaser, we take out a transport insurance for all delivered goods, which is charged to the purchaser's account. The minimum order value with respect to dispatch orders amounts to 100 EURO (excl. VAT) at home, and 500 EURO abroad. For retail dispatches and/or orders below the minimum order value, handling expenses amounting to 50 EURO (excl. VAT), in addition to packing and delivery costs, are charged. Dispatch orders abroad that are below the above-mentioned minimum order value are not executed. Orders of special models as well as orders including quantities and dimensions that are not listed in our catalogue shall be approved in writing. If necessary, an agreed down payment has to be made. In the event of orders of special models and in great quantities being accepted, we are not entitled to deliver less or more than an appropriate number of items (± 10%, as a rule). In principle, dispatch packages are calculated at cost price.
Dispatch and Delivery
