Common use of Non Delivery Clause in Contracts

Non Delivery. (a) The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. (b) Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless Xxxxx gives written notice to Seller of the non-delivery within one day of the date when the Goods would in the ordinary course of events have been received. (c) At Seller's sole discretion, any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered. (d) Xxxxx acknowledges and agrees that the remedies set forth in Section 3 are Xxxxx's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 3(c), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Non Delivery. (a) The quantity of any installment instalment of Goods as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. (b) Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless Xxxxx gives written notice to Seller of the non-delivery within one day 10 days of the date when the Goods would in the ordinary course of events have been received. (c) At Seller's sole discretion, any Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered. (d) Xxxxx acknowledges and agrees that the remedies set forth in Section 3 are Xxxxx's exclusive remedies for the delivery of Nonconforming GoodsNon- Conforming Goods (as defined in Section 7(a) below). Except as provided under Section 3(c), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Non Delivery. (a) The quantity of any installment instalment of Goods as recorded by Seller on dispatch from Seller's ’s place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. (b) The Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's ’s negligence) unless Xxxxx Buyer gives written notice to Seller of the non-delivery within one day two (2) days of the date when the Goods would in the ordinary course of events have been received. (c) At Seller's sole discretion, any Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered. (d) Xxxxx Buyer acknowledges and agrees that the remedies set forth in this Section 3 5 are Xxxxx's Buyer’s exclusive remedies for the delivery of Nonconforming Non-Conforming Goods. Except as provided under Section 3(c5(c), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Non Delivery. (a) The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's ’s place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. (b) Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) Goods, EVEN IF CAUSED BY SELLER’S NEGLIGENCE, unless Xxxxx gives written notice to Seller of the non-delivery within one day five (5) business days of the date when the Goods would have been received in the ordinary course of events have been receivedevents. (c) At Seller's sole discretion, any Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered. (d) Xxxxx acknowledges and agrees that the remedies set forth in this Section 3 are Xxxxx's ’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 3(c), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to SellerSeller any of the Goods.

Non Delivery. (a) The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. (b) Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless Xxxxx Buyer gives written notice to Seller of the non-non- delivery within one day 3 Business days of the date when the Goods would in the ordinary course of events have been received. (c) At Seller's sole discretion, any Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered. (d) Xxxxx Buyer acknowledges and agrees that the remedies set forth in Section 3 are XxxxxBuyer's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 3(c), all sales of Goods to Buyer are made on a one-one- way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.