Goods Delivery. 4.1. Vendor shall sell to Buyer the equipment, goods, materials, software, systems and such other tangible property described in the Order or as is furnished to Buyer as part of Services (collectively, “Goods”). Goods shall be new, of the best available design, quality, material and workmanship, be without fault, conform in all respects to the Contract, including all specifications and performance requirements identified therein (collectively, “Specifications”), and be fit for their intended purpose.
4.2. The delivery terms and location (“Delivery Location”) for Goods are stated in the Order. Vendor, at its expense, shall be responsible for all shipping and insurance costs, including packing, crating, cartage and freight costs, incurred in delivering the Goods to the Delivery Location. Any loss or damage, whenever occurring, which results from Vendor’s improper packing or crating, shall be borne by Vendor.
4.3. Title and risk of loss to Goods shall transfer to Buyer at the Delivery Location. However, notwithstanding the foregoing, any rightful rejection or revocation of any Goods by Buyer shall immediately shift the risk of loss of such Goods, wherever located, to Vendor.
4.4. Vendor is responsible for (a) the completeness and accuracy of all transport and customs documentation (“Shipping Documents”) it provides to Buyer and (b) any damages or liabilities suffered by Buyer resulting from incomplete or inaccurate Shipping Documents, including their failure to comply with any import or export requirements.
4.5. Packing lists must be included with all shipments and must reference the applicable Order number. Shipments not accompanied by packing lists shall be conclusively deemed to be in the amount of count or weight determined by Buyer. Buyer is not obligated to accept any Goods which are of excess quantities, materially untimely or under-shipments in whole or in part, and such shipments may be returned at Vendor’s expense and risk. All shipments of Goods consisting of hazardous materials (as defined under Title 49 CFR) must be accompanied by five (5) copies of the applicable Safety Data Sheets (SDSs) (formerly known as Material Safety Data Sheets or MSDSs) in substantially the format as currently published by OSHA. Shipments of any such hazardous materials without the required SDS are subject to rejection or return by Xxxxx at Vendor’s expense.
4.6. At any time prior to delivery, Buyer has the right, but not the obligation, to inspect the Goods and the manu...
Goods Delivery. The Lessee will only use or permit to be used for the receipt, delivery or other movement of any goods or articles of bulk or quantity such parts of the Premises and the Common Areas including any loading dock at such times and manner as the Lessor may from time to time permit and in accordance with the requirements of any Relevant Authority. The Lessee will comply with all other reasonable requirements of the Lessor in such matters.
Goods Delivery. The Supplier shall deliver the Goods on the date specified in the Order (“Delivery Date”). If no such date is specified, within any agreed lead times, if no lead time has been agreed within 28 days of the date of the Order.
Goods Delivery. 4.1 The delivery period stated in the purchase order is binding.
4.2 If delivery is made before the agreed date of delivery, the Buyer reserves the right to return the goods at the expense and risk of the supplier. If the delivery is not returned although it was received prior to schedule, the goods shall be stored at the Buyer at the expense and risk of the Seller.
4.3 The Seller shall be obliged to notify the Buyer immediately in writing if circumstances arise or become known to it that will result in non-compliance with the agreed delivery date.
4.4 In the event of delayed delivery, the Buyer is entitled to demand liquidated damages corresponding to 1% of the delivery value per full week, but no more than 10% of the delivery value in total, unless the Seller can prove that no damage, or much less damage, was incurred as a result of the delay.
4.5 The Buyer's right to further-reaching claims, in particular in connection with damage incurred by the Buyer due to a loss of production due to goods not being delivered on time or in a due and proper manner, is reserved. Furthermore, the Buyer is under no obligation to reserve the right to assert a financial penalty if a late delivery is accepted. The same shall apply to the acceptance of goods that are not delivered in a due and proper fashion.
4.6 The goods are to be packaged in a manner that prevents transportation damage. Packaging material is only to be used to the extent that is necessary to achieve the purpose. Only environmentally friendly packaging may be used. The Seller's obligation to accept returned goods due to the packaging shall be based on the statutory provisions.
4.7 The Seller shall use selected specialist staff to perform the activities relating to the services to be performed by it. The use of a sub-supplier or sub-contractor shall require the prior written approval of the Buyer. In the event that the use of a sub-supplier/sub-contractor is approved, the Seller must subject the sub-supplier/sub-contractor, in respect of the duties assumed by it, to all of the obligations that the Seller has assumed vis-à-vis the Buyer and ensure that these obligations are met.
4.8 The Seller shall make its deliveries/perform its services in line with state of the art technical standards. It must comply with the laws, ordinances and official requirements that apply in the Federal Republic of Germany, adhere to judicial decisions and take the technical rules, norms and guidelines that apply at the time the A...
Goods Delivery. Terms The spare parts shall be delivered upon purchase order according to the requirements of the Technical Specification (Appendix 2) in observation of the Binding Provisions. Each delivery shall be accompanied by: (a) Packing List; (b) Acceptance Certificate (c) Manufacturer’s Certificate of Quality or Declaration of Conformity;
Goods Delivery. 4.1 If the Parties have agreed on advance payment, the Seller shall be obliged to deliver the ordered goods at the earliest when payment of the agreed price within the meaning of section 2.6 has been secured.
4.2 The Buyer shall accept the goods on the Seller’s premises immediately after receiving notification that the goods are ready for collection. If the goods are not accepted within two weeks at the most, the goods are deemed to have been accepted and can be publicly stored at the Buyer’s expense. The Buyer shall reimburse the Seller for any costs incurred as a result of the delay in accepting the goods; this shall not affect any fur- ther-reaching consequences of the delay in acceptance.
4.3 The Seller is entitled to manufacture the goods differently to comply with statutory provisions, provided that this does not result in a deterio- ration of their quality or suitability for use.
4.4 Deliveries shall be made subject to timely delivery to the Seller itself. If, over and above this, events that constitute force majeure (such as inter- ruptions of operations, strikes, measures taken by sovereign authorities, transport disruptions, fire, natural disasters, epidemics) prevent agreed delivery deadlines from being met, then the deadlines shall be extended accordingly without giving rise to any resulting claims on the part of the Buyer. The same applies if the Buyer fails to meet existing cooperation obligations, for example submitting all planning documents, approved for the preparation of the work, that are required for production of the goods.
4.5 If the Seller defaults on the delivery, the Buyer's claims are limited to an amount corresponding to 0.5% of the value of the goods affected by the delay per week of delay, but shall not exceed 5% of the value of the goods affected by the delay in total. Any further-reaching claims of the Buyer shall only arise in the event of wilful intent, gross negligence or a breach of a cardinal obligation on the part of the Seller (cf. section 6.7).
Goods Delivery. Goods shall be delivered in bulk/partially within 10 (ten) calendar days from the buyers notification, to the following address: X0 Xxxxxxxxxxx Xxxxxx, Xxxxxxx.
Goods Delivery a) Delivery of Goods shall be made as ordered and in accordance with this Contract. Unless otherwise specified in this Contract, delivery of Goods shall be to UCHC West Receiving Dock. The Contractor or the Contractor’s shipping designee shall be responsible for removal of Goods from the carrier and placement on the dock or receiving platform. The receiving personnel are not required to assist in this process. The burden of proof of proper receipt of the order shall rest with the Contractor.
b) In order for the time of delivery to be extended, the Contractor must request an extension in writing from the time specified in this Contract, such extension applying only to the particular item or shipment from an authorized representative of UCHC’s Purchasing Department.
c) Goods shall be securely and properly packed for shipment, according to accepted standard commercial practice, without extra charge for packing cases, baling or sacks. The containers shall remain the property of UCHC unless otherwise stated in this Contract.
d) All risk of loss and damage to the Goods transfers to UCHC upon delivery (F.O.B. destination) to the UCHC West Receiving Dock or other location as designated by UCHC.
e) At the sole option of UCHC, Goods may be subject to re-weighing on State sealed scales.
Goods Delivery. 4.1 Unless otherwise specified Goods will be delivered to the Location(s) between 9am and 5pm on Business Days. Goods ordered by Client are at TABS's risk until delivered to the Client. Title in the Goods passes to Client at the time Client pays for the Goods in full.
4.2 Delivery of Goods is subject to the manufacturer’s lead times unless otherwise agreed in writing by TABS. Standard lead times are, for Hardware, 12 Business Days from receipt of Purchase Order and for Software, 5 Business Days from receipt of Purchase Order.
Goods Delivery. 6.1 Delivery of Goods shall take place at the location(s) specified in the Order or otherwise agreed by the Parties.
6.2 In the case of non-delivery to the Customer or non-compliance of Goods with this Agreement, the Customer must notify the Company in writing within five (5) Business Days of receipt by the Customer of the Company's delivery note or invoice (whichever is earlier) and the Company shall use all reasonable endeavours to remedy the non-delivery or non-compliance. Delays in the delivery of any Goods shall not entitle the Customer to refuse to take delivery of such Goods or terminate this Agreement.
6.3 If the Customer fails to take delivery of any Goods within 5 Business Days of being notified that they are ready for delivery or fails to provide any necessary instructions, documents, licences or authorisations required to enable the Goods to be delivered or the Services to be performed on time (except solely on account of the Company’s default), the Goods and/or Services will be deemed to have been delivered or performed on the due date and (without prejudice to its other rights) the Company shall store or arrange for storage of the Goods until actual delivery or sale and charge the Customer for all reasonable related costs and expenses (including, without limitation, storage and insurance) until delivery can be made (and the Company shall use all reasonable endeavours to arrange delivery as soon as possible).
6.4 The Customer will provide at its expense at Customer delivery location(s) adequate and appropriate equipment and manual labour for off-loading the Goods.
6.5 Where the Customer places an Order with multiple call-offs or shipment dates, the Company may invoice the Customer for each shipment on the applicable shipment date. The Customer shall be liable for the entire value of the Order, regardless of whether it requests shipment of all Goods under that Order. If no expiration date is stated in the Order, it shall expire twelve months from its date and the Company shall invoice any remaining balance due in respect of the Order on its expiry or termination (without obligation to provide any further Goods in respect of that Order).
