Quantities. 6.1 The quantity and description of the Goods will be as set out in the acknowledgement of order issued by the Seller to the Buyer, or as otherwise agreed by the parties in writing. All descriptions, illustrations, technical specifications, particulars of weight or dimensions, drawings, descriptive matter, specifications and advertising issued by the Seller or contained in the Seller’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods represented by or described in them. They will not form part of the Contract and this is not a sale by sample. 6.2 Unless otherwise agreed in writing by the parties, the weight or volume of the Goods is the weight or volume as ascertained by the Seller which will be accepted by both parties as correct and will form the basis on which the invoice will be prepared and issued in accordance with Condition 14.2. Both parties reserve the right to inspect, or have independently verified, the accuracy of the weighbridge being used. The Seller will not be responsible for any weight loss during transit. 6.3 The Seller may deliver against any purchase order an excess or deficiency of up to ten per cent of the weight or volume ordered without any liability whatsoever, save that the invoice value shall be adjusted accordingly so that the Buyer only pays for the actual weight or volume delivered. The Seller may deliver (and invoice) by instalments and each instalment will be deemed a separate Contract and no cancellation or termination of any one Contract relating to an instalment will entitle the Buyer to repudiate or cancel any other Contract or instalment.
Appears in 8 contracts
Samples: Sales Contracts, Sales Contracts, Sales Contracts
Quantities. 6.1 The quantity and description of the Goods will be as set out in the acknowledgement of order issued by the Seller to the Buyer, or as otherwise agreed by the parties in writing. All descriptions, illustrations, technical specifications, particulars of weight or dimensions, drawings, descriptive matter, specifications and advertising issued by the Seller or contained in the Seller’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods represented by or described in them. They will not form part of the Contract and this is not a sale by sample.
6.2 Unless otherwise agreed in writing by the parties, the weight or volume of the Goods is the weight or volume as ascertained by the Seller which will be accepted by both parties as correct and will form the basis on which the invoice will be prepared and issued in accordance with Condition 14.215.2. Both parties reserve the right to inspect, or have independently verified, the accuracy of the weighbridge being used. The Seller will not be responsible for any weight loss during transit.
6.3 The Seller may deliver against any purchase order an excess or deficiency of up to ten per cent of the weight or volume ordered without any liability whatsoever, save that the invoice value shall be adjusted accordingly so that the Buyer only pays for the actual weight or volume delivered. The Seller may deliver (and invoice) by instalments and each instalment will be deemed a separate Contract and no cancellation or termination of any one Contract relating to an instalment will entitle the Buyer to repudiate or cancel any other Contract or instalment.
Appears in 5 contracts
Samples: Sales Contracts, Sales Contracts, Sales Contracts
Quantities. 6.1 The quantity and description of the Goods will be as set out in the acknowledgement of order issued by the Seller to the Buyer, or as otherwise agreed by the parties in writing. All descriptions, illustrations, technical specifications, particulars of weight or dimensions, drawings, descriptive matter, specifications and advertising issued by the Seller or contained in the Seller’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods represented by or described in them. They will not form part of the Contract and this is not a sale by sample.
6.2 Unless otherwise agreed in writing by the parties, the weight or volume of the Goods is the weight or volume as ascertained by the Seller which will be accepted by both parties as correct and will form the basis on which the invoice will be prepared and issued in accordance with Condition 14.2. Both parties reserve the right to inspect, or have independently verified, the accuracy of the weighbridge being used. The Seller will not be responsible for any weight loss during transit.
6.3 The Seller may deliver against any purchase order an excess or deficiency of up to ten per cent of the weight or volume ordered without any liability whatsoever, save that the invoice value shall be adjusted accordingly so that the Buyer only pays for the actual weight or volume delivered. The Seller may deliver (and invoice) by instalments and each instalment will be deemed a separate Contract and no cancellation or termination of any one Contract relating to an instalment will entitle the Buyer to repudiate or cancel any other Contract or instalmentorinstalment.
Appears in 3 contracts
Samples: Sales Contracts, Sales Contracts, Sales Contracts
Quantities. 6.1 The quantity and description of the Goods will be as set out in the acknowledgement of order issued by the Seller to the Buyer, or as otherwise agreed by the parties in writing. All descriptions, illustrations, technical specifications, particulars of weight or dimensions, drawings, descriptive matter, specifications and advertising issued by the Seller or contained in the Seller’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods represented by or described in them. They will not form part of the Contract and this is not a sale by sample.
6.2 Unless otherwise agreed in writing by the parties, the weight or volume of the Goods is the weight or volume as ascertained by the Seller which will be accepted by both parties as correct and will form the basis on which the invoice will be prepared and issued in accordance with Condition 14.215.2. Both parties reserve the right to inspect, or have independently verified, the accuracy of the weighbridge being used. The Seller will not be responsible for any weight loss during transit.
6.3 The Seller may deliver against any purchase order an excess or deficiency of up to ten per cent of the weight or volume ordered without any liability whatsoever, save that the invoice value shall be adjusted accordingly so that the Buyer only pays for the actual weight or volume delivered. The Seller may deliver (and invoice) by instalments and each instalment will be deemed a separate Contract and no cancellation or termination of any one Contract relating to an instalment will entitle the Buyer to repudiate or cancel any other Contract or instalment, except to the extent permitted by law.
Appears in 1 contract
Samples: Sales Contracts
Quantities. 6.1 The quantity and description of the Goods will be as set out in the acknowledgement of order issued by the Seller to the Buyer, or as otherwise agreed by the parties in writing. All descriptions, illustrations, technical specifications, particulars of weight or dimensions, drawings, descriptive matter, specifications and advertising issued by the Seller or contained in the Seller’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods represented by or described in them. They will not form part of the Contract and this is not a sale by sample.
6.2 Unless otherwise agreed in writing by the parties, the weight or volume of the Goods is the weight or volume as ascertained by the Seller which will be accepted by both parties as correct and will form the basis on which the invoice will be prepared and issued in accordance with Condition 14.215.2. Both parties reserve the right to inspect, or have independently verified, the accuracy of the weighbridge being used. The Seller will not be responsible for any weight loss during transit.
6.3 The Seller may deliver against any purchase order an excess or deficiency of up to ten per cent (10%) of the weight or volume ordered without any liability becoming liable for such deviation whatsoever, save that the invoice value shall be adjusted accordingly so that the Buyer only pays for the actual weight or volume delivered. The Seller may deliver (and invoice) by instalments and each instalment will be deemed a separate Contract for the purchase and sale of the Goods and no cancellation or termination of any one Contract relating to an instalment will entitle the Buyer to repudiate cancel or cancel terminate any other Contract or instalmentContract.
Appears in 1 contract
Samples: Sales Contracts
Quantities. 6.1 The quantity and description of the Goods will be as set out in the acknowledgement of order issued by the Seller to the Buyer, or as otherwise agreed by the parties in writing. All descriptions, illustrations, technical specifications, particulars of weight or dimensions, drawings, descriptive matter, specifications and advertising issued by the Seller or contained in the Seller’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Goods represented by or described in them. They will not form part of the Contract and this is not a sale by sample.
6.2 Unless otherwise agreed in writing by the parties, the weight or volume of the Goods is the weight or volume as ascertained by the Seller which will be accepted by both parties as correct and will form the basis on which the invoice will be prepared and issued in accordance with Condition 14.215.2. Both parties reserve the right to inspect, or have independently verified, the accuracy of the weighbridge being used. The Seller will not be responsible for any weight loss during transit.
6.3 The Seller may deliver against any purchase order an excess or deficiency of up to ten per cent of the weight or volume ordered without any liability whatsoever, save that the invoice value shall be adjusted accordingly so that the Buyer only pays for the actual weight or volume delivered. The Seller may deliver (and invoice) by instalments installments and each instalment installment will be deemed a separate Contract and no cancellation or termination of any one Contract relating to an instalment installment will entitle the Buyer to repudiate or cancel any other Contract or instalmentinstallment.
Appears in 1 contract
Samples: Sales Contracts