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 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) Xxxxx acknowledges and agrees that the remedies set forth in Section 3 are Xxxxx's exclusive remedies for any non-delivery of Goods.

Non Delivery. (a) The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's place of business ’s facility 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 ’s negligence) unless Xxxxx gives written notice to Seller of the non-delivery within 2 seven business 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. (a) b) a) b) c) d) Xxxxx acknowledges and agrees that the remedies set forth in Section 3 are Xxxxx's exclusive remedies for any non-delivery of Goods10. a) b) c)

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) The 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-non- delivery within 2 10 days of 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) Xxxxx acknowledges and agrees agree that the remedies set forth in Section 3 are Xxxxx's ’s exclusive remedies for any non-delivery of 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 gives written notice to Seller of the non-delivery within 2 120 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) Xxxxx acknowledges and agrees that the remedies set forth in Section 3 are Xxxxx's exclusive remedies for any non-delivery of Goods.

Non Delivery. (a) The quantity of any installment of Goods as recorded by Seller XXXX on dispatch from Seller's XXXX’x 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 XXXX shall not be liable for any non-delivery of Goods (even if caused by Seller's XXXX’x negligence) unless Xxxxx gives written notice to Seller XXXX of the non-delivery within 2 five (5) days of the date when the Goods would in the ordinary course of events have been received. (c) Any liability of Seller XXXX 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 ’s exclusive remedies for any non-delivery of 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 gives written notice to Seller of the non-delivery within 2 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. (d) Xxxxx acknowledges and agrees that the remedies set forth in Section 3 are Xxxxx's exclusive remedies for any non-delivery of 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 within seven (7) days of delivery 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 2 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. (d) Xxxxx acknowledges and agrees that the remedies set forth in this Section 3 2 are Xxxxx's exclusive remedies for any non-delivery of Goods.

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 ’s negligence) unless Xxxxx gives written notice to Seller of the non-delivery within 2 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. (d) . Xxxxx acknowledges and agrees that the remedies set forth in Section 3 are Xxxxx's ’s exclusive remedies for any non-non- delivery of Goods.