Common use of Instalments Clause in Contracts

Instalments. Unless specified overleaf or otherwise agreed by Xxxxx in writing, Seller shall not deliver the goods in instalments. If this Contract provides for delivery in instalments, or if Buyer agrees in writing to accept delivery in instalments, and Seller defaults in making timely delivery of any such instalment, breaches any other term or condition of this Contract or if any goods delivered are defective, Buyer will be entitled to reject the goods, or by giving notice in writing to Seller, terminate this Contract or any undeliverable or undelivered portion thereof and any other contract(s) as may exist between Buyer and Seller and/or may defer or delay payment under this Contract or such other contract(s) until such breach or default is cured. In the event of any such termination by Xxxxx, Xxxxx shall have the right to recover damages against Seller by reason of Seller’s default or prior breach of this Contract.

Instalments. Unless specified overleaf or otherwise agreed by Xxxxx in writingBuyer, Seller shall not deliver the goods in instalments. If this Contract provides for delivery in instalments, or if Buyer agrees in writing to accept delivery in instalments, and Seller defaults in making timely delivery of any such instalment, breaches any other term or condition of this Contract or if any goods delivered are defective, Buyer will be entitled to reject the goods, or by giving notice in writing to Seller, terminate cancel this Contract or any undeliverable or undelivered portion thereof and any other contract(s) as may exist between Buyer and Seller and/or may defer or delay payment under this Contract or such other contract(s) until such breach or default is cured. In the event of any such termination cancellations by Xxxxx, Xxxxx Buyer shall have the right to recover damages against Seller by reason of Seller’s default or prior breach of this Contract.