RISK AND DELIVERY. 10.1 The Products and Services remain at Metalcraft risk until delivery to the Customer.
10.2 Delivery of Products and Services shall be deemed complete when Metalcraft, or an agent including a manufacturer, gives possession of the Products and Services directly to the Customer or possession of the Products and Services is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.
10.3 The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to Metalcraft making time of the essence.
10.4 Where Metalcraft delivers Products and Services to the Customer by instalments and Metalcraft fails to deliver or supply one or more instalments the Customer shall not have the right to cancel the contract but shall have the right to claim compensation as a severable breach.
10.5 The Customer will ensure that Metalcraft is provided with reasonable access to the delivery address together with adequate room for unloading. The Customer indemnifies Metalcraft against all costs and liabilities Metalcraft incurs with or arising out of the delivery or in unloading.
RISK AND DELIVERY. 7.1 Risk in the Supplies and Printer(s) shall pass to the Customer on delivery.
7.2 Title to the Printer(s) and Supplies shall not pass to the Customer from The Supplier until the end of the Agreement, if the Customer chooses to purchase the Printer(s), Supplies and Service for a notional charge.
7.3 The Supplier may at any time require the Customer to deliver up such Supplies and the Printer(s) and, if the Customer fails to do so promptly, enter any premises of the Customer or of any third party where the relevant Supplies or Printer(s) are situated in order to recover them.
RISK AND DELIVERY. 10.1 The Products and Services remain at SBP risk until delivery to the Customer.
10.2 Delivery of Products and Services shall be deemed complete when SBP, or an agent including a manufacturer, gives possession of the Products and Services directly to the Customer or possession of the Products and Services is given to a carrier, courier, or other bailee for purposes of transmission to the Customer.
10.3 The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to SBP making time of the essence.
10.4 Where SBP delivers Products and Services to the Customer by instalments and SBP fails to deliver or supply one or more instalments the Customer shall not have the right to cancel the contract but shall have the right to claim compensation as a severable breach.
10.5 The Customer will ensure that SBP is provided with reasonable access to the delivery address together with adequate room for unloading. The Customer indemnifies SBP against all costs and liabilities SBP incurs with or arising out of the delivery or in unloading.
RISK AND DELIVERY. Delivery of the Goods will take place when you or your agent receive the Goods at your premises or the stipulated place of delivery, or your carrier receives them, whichever event occurs first. When you ask Xxxxxx'x to deliver Goods directly to another person, that person takes possession of the Goods for you as your agent.
RISK AND DELIVERY. The motorcycle shall be at the sole risk of the renter for the RENTAL PERIOD. The motorcycle shall be returned undamaged, in good order and in roadworthy condition to the satisfaction of the LICENSEE, fair wear and tear excepted.
RISK AND DELIVERY. 4.1 Risk in the Product shall be deemed to have passed on delivery to the Customer or to the Customer’s agent including a carrier of the Customer when the Product has left the Supplier’s premises.
4.2 If events or circumstances come to the attention of the Supplier, its agents, servants, or subcontractors which, in the opinion of the supplier, make it in whole or in part, impossible or impracticable for the Supplier to comply with a Customer’s instructions Supplier shall take reasonable steps to inform such Customer of such events or circumstances and to seek further instructions. If such further instructions are not timeously received by the Supplier in writing, Supplier shall, in its sole discretion, be entitled to detain, return, store, sell, abandon, or destroy all or part of the Products concerned at the risk and expense of the Customer.
RISK AND DELIVERY. 7.1 Unless explicitly otherwise agreed to the contrary, all delivery dates apply as estimates and not deadlines. EUROSAFETYGROUP shall try to deliver its products on the agreed upon date, but EUROSAFETYGROUP is not liable to BUYER if EUROSAFETYGROUP is unable to deliver the Products on time, if this is due to circumstances outside EUROSAFETYGROUP’s sphere of influence, such as delays caused by transport companies.
7.2 If EUROSAFETYGROUP is unable to deliver the Products within forty (40) days of the agreed upon delivery date, then BUYER has the right to cancel his order. To cancel an order, BUYER has to send a letter to EUROSAFETYGROUP. The cancellation is only valid if the cancellation (in writing or per email) is received by EUROSAFETYGROUP before EUROSAFETYGROUP has made the Products ready for shipping.
7.3 EUROSAFETYGROUP is permitted to make partial deliveries. If EUROSAFETYGROUP chooses to do so, it shall notify BUYER about this as soon as possible. EUROSAFETYGROUP will be entitled to submit invoices in such cases and BUYER shall pay them as invoices for separate Agreements.
7.4 If BUYER does not accept the delivery or is unable to, then BUYER shall immediately be in default. At such a time EUROSAFETYGROUP may:
a. Store the Products, with BUYER being liable for the storage costs;
b. Sell the Products for the best possible price, after which BUYER shall only receive the difference between the obtained price and the purchase price it has paid EUROSAFETYGROUP.
c. Offer to deliver the Products to BUYER again, where BUYER shall be liable for the additional (delivery) costs.
7.5 BUYER shall sign a certificate of receipt upon delivery of the Products
7.6 The risk for goods being supplied always passes permanently to BUYER at the time of arrival at the agreed place of delivery.
RISK AND DELIVERY. Risk relating to the product shall pass to the Buyer at the time the Product is delivered to the agreed address according to the Purchase Order, Contract or when the goods are available for collection by the Buyer from the Seller. Scheduled delivery dates will be assigned by the Seller as close as is practicable (based upon current lead times, for the Product or Service) to the Buyer requested date, as defined on the Purchase Order. Any dates or times quoted for delivery of Products are expected dates and times only and the Seller shall not be liable for any delay in delivery however caused. It is agreed that time for delivery shall not be of the essence unless agreed previously in writing by the Seller to the Buyer. The Buyer must make all arrangements necessary for the Buyer to take delivery of the Products when the seller delivers them including the provision of labour and suitable unloading. Any subsequent claims or damages, loss or injury shall not involve the Seller. The Seller shall be entitled to assume that any person who reasonably appears and claims to have authority in accepting delivery and signs a delivery note in respect of the product on behalf of the Buyer does have authority to do so. If the Buyer does not accept delivery, or fails to take delivery of the Products, on the date or time stated by the Buyer, or the Seller is unable to deliver or is delivery is delayed, due to the Buyer actions or omissions, then the seller may charge the Buyer who will be liable to pay the Seller for all the costs incurred. At the time of delivery, the Buyer must check that the quantity of Products matches the quantity detailed on the “Proof of Delivery” note and that the external packaging is in good condition and has not been tampered with or damaged. Where external damage is apparent at the time of delivery the Buyer must either refuse the Products delivered or annotate the Proof of Delivery with the word “Damaged”. Failure to comply with this clause shall void the Sellers liability to either replace or issue a credit note at the Price paid by the Buyer for such damaged goods. The Buyer must notify the Seller of any over shipments/over deliveries no later than 5 working days from the date of the delivery and agrees that failure to do so shall be deemed as acceptance of the Product delivered and an invoice will be issued. The buyer must notify the seller of any under shipments or under delivered Products by no later than 5 working days from the date of del...
RISK AND DELIVERY. 8.1 Risk in the goods passes on despatch ex Xxxxxxxx yard.
8.2 Fruehauf will use all reasonable endeavours to deliver the goods on the date specified in this agreement but will not be liable for any loss arising out of any delays howsoever caused.
8.3 Should the Customer not take delivery or collection of the Goods within 10 days of being advised of its completion, then the Customer will be liable for :
8.3.1 Any storage costs;
8.3.2 Interest at the rate set out in clause 3.2;
8.3.3 Any costs or losses incurred on disposal.
