Non Delivery. (a) The quantity of any installment of the 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 the Goods (even if caused by ▇▇▇▇▇▇’s negligence) unless ▇▇▇▇▇ 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) 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.
Appears in 2 contracts
Sources: Terms and Conditions of Sale, Terms and Conditions of Sale
Non Delivery. (a) The quantity of any installment of the 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 the Goods (even if caused by ▇▇▇▇▇▇’s Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within one day 2 days of the date when the Goods would in the ordinary course of events have been received.
(c) 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) ▇▇▇▇▇ acknowledges and agrees that the remedies set forth in Section 3 are ▇▇▇▇▇'s exclusive remedies for any non-delivery of Goods.
Appears in 2 contracts
Sources: General Terms and Conditions, General Terms and Conditions
Non Delivery. (a) The quantity of any installment of the 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 the Goods (even if caused by ▇▇▇▇▇▇’s Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-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) 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.
Appears in 1 contract
Sources: General Terms and Conditions
Non Delivery. (a) The quantity of any installment of the 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 the Goods (even if caused by ▇▇▇▇▇▇Seller’s negligence) unless ▇▇▇▇▇ Buyer 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) 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.
Appears in 1 contract
Sources: Sales Contracts
Non Delivery. (a) The quantity of any installment of the 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 the Goods (even if caused by ▇▇▇▇▇▇’s Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within one day three (3) days of the date when the Goods would in the ordinary course of events have been received.
(c) 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.
Appears in 1 contract
Non Delivery. (a) The quantity of any installment of the 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 the Goods (even if caused by ▇▇▇▇▇▇Seller’s negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within one day 7 days of the date when the Goods would in the ordinary course of events have been received.
(c) 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.
Appears in 1 contract
Sources: General Terms and Conditions
Non Delivery. (a) The quantity of any installment instalment of the 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 the Goods (even if caused by ▇▇▇▇▇▇’s Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within one day 24 hours of the date when the Goods would in the ordinary course of events have been received.
(c) 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.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Non Delivery. (a) The quantity of any installment of the 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) The Seller shall not be liable for any non-delivery of the Goods (even if caused by ▇▇▇▇▇▇Seller’s negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within one day seven (7) days of the date when the Goods would in the ordinary course of events have been received.
(c) 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.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Non Delivery. (a) The quantity of any installment of the 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 the Goods (even if caused by ▇▇▇▇▇▇’s Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-non- delivery within one day of 10 days after the date when the Goods would in the ordinary course of events have been received.
(c) 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) ▇▇▇▇▇ acknowledges and agree that the remedies set forth in Section 3 are ▇▇▇▇▇’s exclusive remedies for any non-delivery of Goods.
Appears in 1 contract
Non Delivery. (a) 2.1 The quantity of any installment of the Goods as recorded by Seller on dispatch from Seller’s place of business 's Shipment Point (as defined in Section 4) is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
(b) 2.2 Seller shall not be liable for any non-delivery of the Goods (even if caused by ▇▇▇▇▇▇’s Seller's negligence) unless ▇▇▇▇▇ Buyer 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) 2.3 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.
Appears in 1 contract
Sources: Strategic Supply Agreement (Kindred Biosciences, Inc.)
Non Delivery. (a) The quantity of any installment of the 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 the Goods (even if caused by ▇▇▇▇▇▇’s Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-non- delivery within one day five (5) days of the date when the Goods would in the ordinary course of events have been received.
(c) 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.
Appears in 1 contract
Sources: Aftermarket Terms of Sale
Non Delivery. (a) The quantity of any installment of the 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 the Goods (even if caused by ▇▇▇▇▇▇’s Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within one on the same day of the date when the Goods would in the ordinary course of events have been received.
(c) 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.
Appears in 1 contract
Non Delivery. (a) a. The quantity of any installment of the 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) b. The Seller shall not be liable for any non-delivery of the Goods (even if caused by ▇▇▇▇▇▇’s Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within one day five (5) days of the date when the Goods would in the ordinary course of events have been received.
(c) c. 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.
Appears in 1 contract
Sources: Sales Contracts