Common use of Inspection of Goods Clause in Contracts

Inspection of Goods. 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 8 contracts

Samples: Terms and Conditions (Purchase), Terms and Conditions for Purchase of Goods and/or Services, Terms and Conditions of Purchase

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Inspection of Goods. 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 (a) the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 (b) during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 (c) all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 (d) all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately;; and 8.2.5 (e) the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 (a) all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 (b) all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 (c) the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 (a) the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 (b) during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods;; and 8.5.3 (c) no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 2 contracts

Samples: Purchase Order Terms, Purchase Order Terms

Inspection of Goods. 8.1 5.1 The Buyer shall inspect the goods upon delivery. 8.2 . Where goods are damaged damaged, the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the 5.1.1 The Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 5.1.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goodsgoods and the goods shall be stored at the Sellers risk; 8.2.3 all 5.1.3 All sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 all 5.1.4 All sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the 5.1.5 The Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 5.2 Where there are shortages in the order or the order is lost in transit the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all 5.2.1 All sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 all 5.2.2 All sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 the 5.2.3 The Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 5.3 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 7 shall apply. 8.5 5.4 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the 5.4.1 The Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during 5.4.2 During the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no 5.4.3 No sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 5.5 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 5.6 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 5.7 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct an acceptable quality.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Inspection of Goods. 8.1 6.1 The Buyer shall inspect the goods upon delivery. 8.2 6.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 6.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense;. 8.2.2 6.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 6.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable;. 8.2.4 6.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately;. 8.2.5 6.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 6.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 6.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable;. 8.3.2 6.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately;. 8.3.3 6.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 6.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 6.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 6.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense;. 8.5.2 6.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods;. 8.5.3 6.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 6.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 6.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 6.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 2 contracts

Samples: Terms and Conditions, Terms and Conditions

Inspection of Goods. 8.1 8.1. The Buyer shall reserves the right to inspect the goods upon deliveryeither at time of delivery or within 14 days of receipt. 8.2 8.2. Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the The Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense;. 8.2.2 during During the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods;. 8.2.3 all All sums payable by the Buyer in relation to the damaged goods shall cease to become payable;. 8.2.4 all All sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the The Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of or the goods being damaged. 8.3 8.3. Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all All sums payable by the Buyer in relation to the missing goods shall cease to become payable;. 8.3.2 all All sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately;. 8.3.3 the The Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 8.4. If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in the Clause 5.2 shall apply. 8.5 8.5. Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the The Supplier shall collect the excess goods from the Buyer at the Supplier’s expense;. 8.5.2 during During the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods;. 8.5.3 no No sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 8.6. The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 2 contracts

Samples: Standard Terms and Conditions for the Sale of Goods and Services, Standard Terms and Conditions for the Sale of Goods and Services

Inspection of Goods. 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: o 8.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; o 8.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; o 8.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; o 8.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; o 8.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: o 8.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; o 8.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; o 8.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Inspection of Goods. 8.1 The Buyer shall inspect Goods will be subject to inspection and testing by BHBW at any time and place, within a reasonable time before or after Delivery, but by no later than the goods upon delivery. 8.2 Where goods are damaged date specified in the Buyer shall notify Purchase Order. If the Supplier. The Buyer may reject the damaged goods inspection and the following provisions shall apply: 8.2.1 the Supplier shall collect the damaged goods from the Buyer testing is done by BHBW at the Supplier’s premises, the Supplier shall provide all reasonable assistance and facilities (at no additional charge) to BHBW or its agent for the purposes of such inspection and testing. 8.2 The inspection shall be at the Supplier’s risk and expense. No such inspection by BHBW or failure of BHBW to identify any defects during such inspections will relieve the Supplier of its obligations to BHBW in terms of this Agreement or be deemed a final approval of the Goods. 8.3 If any Goods are (i) defective in quality, quantity, material, workmanship or design (where design is the responsibility of the Supplier); (ii) damaged; and/or (iii) not in conformity with the Specifications or normal standards of quality for such supply, then BHBW shall be entitled to: (a) reject the Goods (in whole or in part) whether or not title has passed and to return them to the Supplier at the Supplier's own risk and expense; 8.2.2 during (b) terminate this Agreement and/or any applicable Purchase Order with immediate effect by giving written notice to the period between delivery Supplier; (c) require the Supplier to repair or replace the rejected Goods, or to provide a full refund of the price of the rejected Goods (if paid); (d) recover from the Supplier any expenditure incurred by BHBW in obtaining substitute goods from a third party; and/or (e) claim damages for any additional costs, losses or expenses incurred by BHBW arising from the Supplier's failure to supply the Buyer and collection Goods in accordance with the Specifications. 8.4 Any items of the Goods which are rejected and/or required to be repaired by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing repaired at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall applycost. 8.5 Where there is an excess of goods in relation Notwithstanding anything to the order the Buyer may reject the excess goods contrary, no inspection conducted by notice BHBW or its representatives in writing terms of this clause 8 shall be deemed to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during the period between delivery constitute a waiver of the goods and collection any warranty given by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess terms of this Agreement shall apply to any substituted and/or repaired or replaced goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable supplied by the BuyerSupplier. 8.7 The Following the inspection and testing of the Goods, BHBW shall, subject to the provisions of clause 8.3, immediately issue a certificate of acceptance, duly signed by its Representative, to the Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer(“Acceptance”). 8.8 The Buyer’s signature on Acceptance of any delivery note delivery, or any payments for Goods delivered, shall not deprive BHBW of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods right to return any Goods which are in a good condition or of any way defective, unsuitable, damaged and/or not compliant with the correct qualitySpecifications.

Appears in 1 contract

Samples: Supplier General Terms and Conditions

Inspection of Goods. 8.1 The Buyer shall inspect the goods upon delivery. 8.2 . Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 : the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 ; during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 ; all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 ; all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 ; the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 . Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 : all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 ; all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 ; the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 . If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancelterminate, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 . Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 : the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 ; during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 ; no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 . The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 . The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 . The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: Standard Terms & Conditions for the Purchase of Goods and/or Services

Inspection of Goods. 8.1 9.1 The Buyer shall inspect the goods upon delivery. 8.2 •9.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 9.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 9.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 9.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 9.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 9.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 •9.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 9.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 9.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 9.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: Terms and Conditions

Inspection of Goods. 8.1 6.1 The Buyer shall inspect the goods upon delivery. 8.2 6.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 6.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 6.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 6.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 6.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 6.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 6.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 6.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 6.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 6.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 6.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 6.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 6.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 6.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 6.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 6.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 6.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 6.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: Terms and Conditions

Inspection of Goods. 8.1  7.1 The Buyer shall inspect the goods upon delivery. 8.2  7.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1  7.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2  7.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3  7.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4  7.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the  7.2.5 The Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3  7.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1  7.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2  7.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3  7.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4  7.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5  7.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1  7.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2  7.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3  7.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6  7.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7  7.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8  7.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: Purchase Terms & Conditions

Inspection of Goods. 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s Supplier‟s expense; 8.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s Supplier‟s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s Supplier‟s expense; 8.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s Buyer‟s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: Terms and Conditions for the Supply of Goods & Services

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Inspection of Goods. 8.1 The Buyer shall inspect the goods 9.1 Where upon delivery. 8.2 Where delivery goods are damaged found to be damaged, the Buyer Company shall notify the Supplier. The Buyer Provider and the Company may reject the damaged goods and goods, in which case the following provisions shall apply: 8.2.1 the Supplier Provider shall collect the damaged goods from the Buyer Company at the SupplierProvider’s expense; 8.2.2 expense and during the period between delivery of the goods to the Buyer Company and collection by the SupplierProvider, the Buyer Company shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 goods and all sums payable by the Buyer Company in relation to the damaged goods shall cease to become payable; 8.2.4 all . All sums paid by the Buyer Company in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 Provider immediately and the Buyer Company shall be entitled to claim damages from the Supplier Provider for any losses caused to the Buyer Company as a result of the goods being damaged. 8.3 9.2 Where there are shortages in the order quantity of goods delivered the Buyer Company shall notify the Supplier Provider and the following provisions shall apply: 8.3.1 all sums payable by the Buyer Company in relation to the missing goods shortfall shall cease to become payable; 8.3.2 be payable and all sums paid by the Buyer Company in relation to the missing goods shall be repaid by the Supplier Provider immediately; 8.3.3 the Buyer . The Company shall be entitled to claim damages from the Supplier Provider for any losses caused to the Buyer Company as a result of the shortages. 8.4 9.3 If the Buyer so requestsrequested, the Supplier Provider shall immediately replace damaged goods or supply goods which are missing at to make up the Supplier’s expense shortfall or the Buyer Company shall be entitled to cancel, without notice, cancel the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 9.4 Where there is an goods supplied are in excess of goods in relation to what the order Company has ordered the Buyer Company may reject require the excess goods by notice in writing Provider to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer Company at the SupplierProvider’s expense; 8.5.2 expense and during the period between delivery of the goods and collection by the SupplierProvider, the Buyer Company shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no . No sum shall be due to the Supplier Provider for the excess goods and in goods. 9.5 If the event Company notifies the Provider that sums are paid to the Supplier for it accepts the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of payable for the excess goods shall will be payable by at the Buyersame rate as applied to the goods ordered. 8.7 9.6 The Supplier Provider shall remain responsible for all goods in transit and shall repair or replace free of charge, charge all goods damaged or lost in transit upon receiving notice to that effect from the Buyertransit. 8.8 9.7 The BuyerCompany’s signature on any delivery note of the Supplier is evidence of the number of packages received only and shall not evidence of the correct quantity of goods received or infer acceptance that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: Standard Terms of Business & Contract Conditions

Inspection of Goods. 8.1 The Buyer shall inspect examine the goods upon delivery. 8.2 Where goods are damaged damaged, or considered not fit for purpose, or potentially defective, the Buyer shall notify the Supplier. The Buyer may reject the damaged goods damaged, ineffective goods, unworkable designs and reports or inadequate performance of services and the following provisions shall apply: 8.2.1 the Supplier shall collect promptly retrieve the damaged faulty goods from the Buyer at the Supplier’s expensecost; 8.2.2 during the period time between delivery of the goods to the Buyer and collection retrieval by the Supplier, the Buyer shall not be liable responsible for any loss or further damage caused to the damaged faulty goods; 8.2.3 all sums amounts payable by the Buyer in relation to the damaged faulty goods or inadequate provision of services shall cease to become stop being payable; 8.2.4 all sums The Supplier shall immediately refund any amounts paid by the Buyer in relation to for the damaged defective goods shall be repaid by the Supplier immediatelyor substandard services; 8.2.5 the The Buyer shall be entitled have the right to claim recover damages from the Supplier for any losses caused to suffered by the Buyer as a result of the goods being damagedfaulty, incorrect, harmful actions, poor performance, or oversights, or the services being unsatisfactory and as such, the Buyer reserves the right to treat such losses as a debt. 8.3 Where there are shortages In case of any discrepancies in the order order, as received/delivered, the Buyer shall notify inform the Supplier and the following provisions shall apply: 8.3.1 all sums payable by the The Buyer in relation shall not be liable to the pay for any goods or services that are missing goods shall cease to become payableor omitted; 8.3.2 all sums The Supplier shall immediately reimburse any amounts paid by the Buyer in relation to for the missing goods shall be repaid by the Supplier immediatelyor omitted services; 8.3.3 the The Buyer shall be entitled have the right to claim damages from the Supplier for any losses caused by the Supplier's failure to the Buyer deliver or perform adequately as a result of the shortagesdebt. 8.4 If the Buyer so requests, the Supplier shall immediately promptly replace damaged defective goods or supply provide missing or omitted goods which are missing or services at the Supplier’s expense 's expense, or the Buyer shall be entitled have the right to cancel, without notice, the whole or any unexecuted part of the order that has not been executed and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of If the Supplier delivers more goods in relation to than the order specifies, the Buyer may reject the excess surplus goods by giving written notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect retrieve the excess surplus goods from the Buyer at the Supplier’s expensecost; 8.5.2 during the period between delivery of the goods and collection retrieval by the Supplier, the Buyer shall not be liable responsible for any loss or damage caused to suffered by the excess surplus goods; 8.5.3 no sum payment shall be due owed to the Supplier for the excess surplus goods and in the event that sums are paid and, if any payment is made to the Supplier for the excess surplus goods, the Supplier shall repay refund such sums payment to the Buyer immediately. 8.6 The Buyer may accept excess surplus goods by notifying the Supplier of such acceptance and the price of the excess surplus goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the BuyerBuyer within whatever time the Buyer requires and is fair and reasonable. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages or information as having been received only and not evidence of the correct quantity of goods or services received or that the goods or services are in a good condition or of the correct qualityright and workable quality or fit for their intended purpose.

Appears in 1 contract

Samples: Supplier’s Terms of Business

Inspection of Goods. 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or immediately replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: General Terms and Conditions of Purchase

Inspection of Goods. 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the The Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 during During the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 all All sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 all All sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the The Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply:; 8.3.1 all All sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 all All sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 the The Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the The Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during During the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no No sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: Supplier Terms and Conditions

Inspection of Goods. 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense;. 8.2.2 during During the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods;. 8.2.3 all All sums payable by the Buyer in relation to the damaged goods shall cease to become payable;. 8.2.4 all All sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately;. 8.2.5 the The Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all All sums payable by the Buyer in relation to the missing goods shall cease to become payable;. 8.3.2 all All sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately;. 8.3.3 the The Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense;. 8.5.2 during During the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: Terms and Conditions

Inspection of Goods. 8.1 7.1 The Buyer shall inspect the goods upon delivery. 8.2 7.2 Where goods are damaged the Buyer shall notify the Supplier. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 7.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 7.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 7.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 7.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the 7.2.5 The Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 7.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 7.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 7.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 7.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 7.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 7.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 7.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 7.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 7.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.6 7.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 7.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 7.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: Purchase Terms & Conditions

Inspection of Goods. 8.1 The Buyer shall inspect the goods upon delivery. 8.2 Where goods are damaged the Buyer shall notify the SupplierSupplier within reasonable time. The Buyer may reject the damaged goods and the following provisions shall apply: 8.2.1 the Supplier shall collect the damaged goods from the Buyer at the Supplier’s expense; 8.2.2 during the period between delivery of the goods to the Buyer and collection by the Supplier, the Buyer shall not be liable for any loss or further damage caused to the damaged goods; 8.2.3 all sums payable by the Buyer in relation to the damaged goods shall cease to become payable; 8.2.4 all sums paid by the Buyer in relation to the damaged goods shall be repaid by the Supplier immediately; 8.2.5 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the goods being damaged. 8.3 Where there are shortages in the order the Buyer shall notify the Supplier and the following provisions shall apply: 8.3.1 all sums payable by the Buyer in relation to the missing goods shall cease to become payable; 8.3.2 all sums paid by the Buyer in relation to the missing goods shall be repaid by the Supplier immediately; 8.3.3 the Buyer shall be entitled to claim damages from the Supplier for any losses caused to the Buyer as a result of the shortages. 8.4 If the Buyer so requests, the Supplier shall immediately replace damaged goods or supply goods which are missing at the Supplier’s expense or the Buyer shall be entitled to cancel, without notice, the whole or any unexecuted part of the order and the rights referred to in Clause 5.2 shall apply. 8.5 Where there is an excess of goods in relation to the order the Buyer may reject the excess goods by notice in writing to the Supplier and the following provisions shall apply: 8.5.1 the Supplier shall collect the excess goods from the Buyer at the Supplier’s expense; 8.5.2 during the period between delivery of the goods and collection by the Supplier, the Buyer shall not be liable for any loss or damage caused to the excess goods; 8.5.3 no sum shall be due to the Supplier for the excess goods and in the event that sums are paid to the Supplier for the excess goods, the Supplier shall repay such sums to the Buyer immediately. 8.5.4 no sum shall be due to the Supplier for excess goods that have been returned in a sellable condition (for example but not restricted too, restocking charges) unless agreement has been given in witing by the Buyer. 8.6 The Buyer may accept excess goods by notifying the Supplier of such acceptance and the price of the excess goods shall be payable by the Buyer. 8.7 The Supplier shall repair or replace free of charge, goods damaged or lost in transit upon receiving notice to that effect from the Buyer. 8.8 The Buyer’s signature on any delivery note of the Supplier is evidence of the number of packages received only and not evidence of the correct quantity of goods received or that the goods are in a good condition or of the correct quality.

Appears in 1 contract

Samples: Terms and Conditions

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