Orders and Delivery. 4.1 The Purchaser may from time to time place Purchase Orders on the Supplier for the Goods and/or Services. Nothing in this Agreement shall prevent the Purchaser from purchasing the same or similar goods and services from a third party.
4.2 The Purchaser may at any time terminate a PO, or where applicable this Agreement, for convenience if the relevant contract in terms whereof Goods and/or Services are on-sold by the Purchaser to a Customer is terminated, by giving the Supplier 30 (thirty) days’ written notice to such effect, in which event the Purchaser shall be liable to pay only for Goods ordered under Purchase Orders placed prior to the delivery of such notice of termination.
4.3 The Goods to be supplied pursuant to this Agreement shall be delivered by the Supplier DDP Delivered Duty Paid (at the Purchaser’s or the Customer’s premises, Gauteng) on or before the delivery date/s stated in the relevant PO or delivery schedule. Time is of the essence in the performance of the Supplier’s obligations.
4.4 Subject to the Supplier’s strict compliance with this clause 4, the Purchaser shall grant to the Supplier an extension of time if and to the extent that delivery is or will be delayed by the following causes:
4.4.1 Additional Goods and/or Services are ordered under clause 5, or
4.4.2 Any delay, impediment or prevention caused by either force majeure or the Purchaser occurs.
4.5 If the Supplier considers itself entitled to an extension of time, the Supplier shall give notice to the Purchaser describing the event or circumstance giving rise to the requested extension of time (in this clause referred to as the “claim”). The notice shall be given as soon as practicable, and in any event not later than 2 (two) days after the Supplier became aware, or should have become aware, of the event or circumstance.
4.6 Within 7 (seven) days after the Supplier sent the notice referred to in clause 4.5 or within such other period as may be proposed by the Supplier and approved by the Purchaser, the Supplier shall send to the Purchaser a fully detailed claim and revised draft delivery schedule which includes full supporting particulars of the basis and duration of the claim. If the event or circumstance giving rise to the claim has a continuing effect:
4.6.1 this fully detailed claim shall be considered as interim;
4.6.2 the Supplier shall send further interim claims at weekly intervals, giving the accumulated delay, and such further particulars as the Purchaser may reason...
Orders and Delivery. 7.1 The Post Office will from time to time, please written orders by way of the Purchase Orders with the Service Provider in respect of Goods.
7.2 The Service Provider shall deliver the Goods on the date that is reflected as the Delivery Date on the Purchase Order. Should the Service Provider be unable to deliver the Goods on the Delivery Date, the Service Provider shall inform the Post Office of its inability to deliver and provide the Post Office with an alternative “Delivery Date”.
7.3 In the event that the Service Provider is unable to deliver the Goods, three time in a rolling period of 6 [six] months, the Post Office shall be entitled to terminate this Agreement on notice to the Service Provider.
7.4 Upon delivery of the Goods by the Service Provider, a representative of the Post Office shall sign the delivery document provided by the Service Provider as acknowledgement of receipt, and not as acceptance that the Goods were received in good condition and/or of any terms and conditions of the delivery document. In the event of any conflict in the terms and conditions of this Agreement and a delivery note issued by the Service Provider, this Agreement will take precedence.
7.5 With 7 [seven] days after receipt of the Goods by the Service Provider, the representative of the Post Office shall verify that the Goods were received in accordance with the Purchase Order and without any defect. If there are any defect the Post Office shall advise the Service Provider of the defect in writing, failing which, the Service Provider can assume that the Goods were received in good condition. In the event that the Goods are defective and such defect could not have been detected by a visual inspection by the Post Office, the Service Provider will replace the Goods, notwithstanding that the 7 [seven] day period has elapsed.
7.6 Risk and ownership in the Goods will pass to the Post Office on payment.
Orders and Delivery. 2.4.1 ORADISC shall place its firm orders for the Product with ULURU by submitting a purchase order, at least ninety (90) days prior to the delivery date requested therein, which sets forth (a) the quantity of the Product ordered for delivery; and (b) the delivery date for that order. Any such purchase order which is in accordance with the terms and conditions of this Agreement shall be deemed to be accepted by ULURU. For all other purchase orders placed by ORADISC, unless ULURU notifies ORADISC in writing within seven (7) days of receipt of a purchase order that it is unable to deliver the Product in accordance with such purchase order, ULURU shall be deemed to have accepted such purchase order as a binding order. If ULURU notifies ORADISC that it is unable to fill a purchase order that is not in accordance with the terms and conditions of this Agreement, it shall indicate the portion of such purchase order ULURU cannot supply by the requested delivery date and specify alternate delivery dates; provided that in the event that ORADISC delivers a purchase order less than ninety (90) days prior to the requested delivery date, ULURU shall use commercially reasonable efforts to meet such requested delivery date despite the shortened lead time, and ULURU will not be in breach of its obligations hereunder if, despite such commercially reasonable efforts, ULURU is not able to meet such requested delivery date with respect to such order. All Product shall be delivered F.O.B. the Facility and in accordance with ORADISC’s instructions. Title, possession and risk of loss shall pass to ORADISC upon delivery of Product to ORADISC’s designated carrier at the Facility’s loading dock. The provisions of this Agreement shall prevail over any inconsistent statement or provisions contained in any document related to this Agreement passing between the parties hereto including, but not limited to, any purchase order, acknowledgment, confirmation or notice.
Orders and Delivery. 3.1 The Seller shall not be obliged to accept any Purchase Order and reserves the right to withdraw any Products from its product range or to vary its product range at any time as it thinks fit. Any Purchase Order shall, unless expressly provided otherwise in the Purchase Order, be irrevocable by the Buyer.
3.2 The Seller shall deliver the Products in accordance with the Contract, provided that time for delivery shall not be of the essence. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Purchase Order. Where the Seller is responsible for delivery to the Buyer’s nominated delivery location, the Seller shall deliver using its nominated hauliers/distributors. The Buyer must ensure that the delivery location that it nominates is reasonably accessible by the large, commercial vehicles that may be used from time to time to deliver the Products and that suitable unloading facilities are available, consistent with good health and safety practices.
3.3 The Buyer is responsible for ensuring that there is a suitable person available to inspect and accept delivery of the Products as delivered on behalf of the Buyer during normal working hours of 9am to 5pm Monday to Friday. If no one is available to accept delivery of the Products upon their delivery, the driver may leave without delivering the Products, in which event the Buyer shall bear all costs and expenses arising from delivery at another time or another date, or leave the Products at the delivery location unattended, at the Buyer’s risk.
3.4 If the Buyer fails to accept delivery of the Products within a reasonable period, and in any event within 48 hours, of the date on which they were first tendered for delivery at the delivery location by the Seller, otherwise than due to a breach by the Seller of its obligations under the Contract, then at the Seller’s option, either:
(a) the Products shall be deemed to have been delivered and accepted upon the expiration of such 48 hour period; or
(b) the Seller may sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the Buyer for any shortfall below the price under the Contract.
Orders and Delivery. 9.1 Notwithstanding the provisions of clause 1 above, all orders or agreed variations to orders, whether orally or in writing, shall be binding and subject to these Standard Terms and Conditions of Agreement and may not be revoked by the Customer.
9.2 Talisman shall be entitled in its sole discretion to split the delivery / performance of the goods or services ordered in the quantities and on the dates it decides.
9.3 Talisman shall be entitled to invoice each delivery / performance actually made separately.
Orders and Delivery. 3.1 Orders for Goods may be placed with the Company in writing (email, fax or post) or verbally by telephone. No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed by the Company either in writing (email, fax or post) or verbally by telephone.
3.2 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order, including all specifications, submitted by the Customer, and for giving the Company any necessary information relating to the Goods or its requirements within a sufficient time to enable the Company to perform this Contract in accordance with its terms.
3.3 The quantity, quality, description of and any specifications for the Goods shall be those set out in the Company’s quotation or the Customer’s order (if accepted by the Company).
3.4 The Company shall be deemed to have delivered the Goods, and the Customer shall be deemed to have accepted delivery of the Goods, on the date that the Customer is notified that delivery has been made unless a written dispute is raised with the Company within 14 days of notification.
3.5 No order which has been accepted by the Company may be cancelled by the Customer without the agreement in writing of the Company and subject to the Customer indemnifying the Company in full against all loss (including loss of profit), damages, charges, and expenses (including for the avoidance of doubt any delivery charges) incurred by the Company as a result of such cancellation.
3.6 Following receipt of an order for Goods, the Company may from time to time provide the Customer with details of other Goods which it believes may be of interest to the Customer. If the Customer does not wish to receive such communications it should notify the Company in writing.
Orders and Delivery. The Purchaser shall qualify submitted purchase orders for Products signed by a duly authorized officer and containing complete information regarding Product price, item number, quantity, requested delivery dates, shipping instructions and shipping address (each, a “Purchase Order”). Promptly, following receipt of Purchase Order, the Company shall acknowledge and confirm the order. Confirmed Purchase Orders shall be governed by the terms set forth herein to the exclusion of any additional or contrary terms set forth in the parties’ standard sales transaction forms.
Orders and Delivery. 14.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between BND Abrasives & Tapes Limited and you.
14.2 Order confirmations under sub-Clause 14.1 shall contain the following information:
14.2.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods;
14.2.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges;
14.2.3 Estimated delivery date(s) and time(s) where applicable;
14.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
14.4 All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed.
14.5 The risk in the Goods shall remain with Us until they come into your physical possession.
Orders and Delivery. 1.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order dispatch confirmation email. Only once We have sent you an order dispatch confirmation email will there be a binding contract between abba Motorcycle Equipment UK Ltd and you.
1.2 Order confirmations under sub-Clause 14.1 shall contain the following information:
2.a.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods (sometimes via a link back to Our Website)
2.a.2 Fully itemised pricing for the Goods ordered including, where appropriate, delivery, discounts and other additional charges; (sometimes via a link back to Our Website)
Orders and Delivery. 6.1 The Client shall state on placing an order for Equipment whether he requires RGB to arrange carriage and if so the delivery address. If the Client so requests RGB shall be entitled to make any contract of carriage and/or insurance on behalf of the Client as RGB considers necessary and will be under no obligation to notify the Client thereof. The Client will be responsible for complying with all conditions and requirements of the carriers. Unless otherwise agreed by RGB delivery of the Equipment will be ex-works.
6.2 All times or dates given for delivery of Equipment are given in good faith and shall not be of the essence of in this Agreement.
6.3 RGB shall give the Client notice when the Equipment is ready for delivery. If the Client refuses or fails to arrange collection or take delivery (as the case may be) of Equipment ordered within seven days of service of the notice then (a) the Client will bear the risk of any loss or damage to the Equipment after expiry of that time (b) RGB shall be entitled to immediate payment in full for the Equipment which is the subject of the order and (c) the Client shall in addition to the invoice price pay all costs of storage and any additional costs incurred as a result of such refusal or failure. RGB shall not be liable to the Client for any loss or damage to the Equipment caused by their storage.
6.4 RGB may make and the Client shall accept partial deliveries of Equipment ordered. Any failure by RGB to make any one or more deliveries in accordance with the Agreement or any claim by the Client in respect of any one or more deliveries shall not entitle the Client to treat the Agreement as a whole as repudiated.
