Sales of Goods. 6.1 The Goods are described in the relevant Goods Specification and/or Order Form.
6.2 EMIS reserves the right to amend the Goods Specification if required by any applicable statutory or regulatory requirements.
6.3 EMIS shall deliver the Goods to the location(s) set out in the Order Form or such other location(s) as the parties may agree (the “Delivery Location(s)”) at any time after EMIS notifies the Customer that the Goods are ready.
6.4 Delivery of the Goods shall be completed on the Goods’ arrival at the relevant Delivery Location(s).
6.5 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. EMIS shall not be liable for any delay (or failure) in delivery of the Goods that is caused by the Customer’s failure to provide EMIS with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
6.6 If the Customer fails to accept or take delivery of the Goods, then except where such failure or delay is caused by EMIS’s failure to comply with its obligations under the Agreement in respect of the Goods:
6.6.1 delivery of the Goods shall be deemed to have been completed at 9.00 am on the first Business Day following the day on which EMIS notified the Customer that the Goods were ready; and
6.6.2 EMIS shall store the Goods until delivery takes place, and charge the Customer for all related costs and expenses (including insurance).
6.7 If ten (10) Business Days after EMIS notified the Customer that the Goods were ready for delivery the Customer has not accepted delivery of them, EMIS may resell or otherwise dispose of part or all of the Goods.
6.8 EMIS may deliver the Goods by instalments, which shall be invoiced and paid for separately. Each instalment shall constitute a separate contract. Any delay in delivery or defect in an instalment shall not entitle the Customer to cancel any other instalment.
6.9 EMIS shall use its reasonable endeavours to pass on to the Customer the benefit of any manufacturer’s warranty regarding the relevant Goods.
6.10 EMIS warrants that on delivery, the Goods shall:
6.10.1 conform in all material respects with the Goods Specification; and
6.10.2 be free from material defects in design, material and workmanship.
6.11 Subject to clause 6.12, if:
6.11.1 the Customer gives notice in writing within a reasonable time of discovery that some or all of the Goods do not comply with the warranty set out in clause 6.10;
6.11.2 EMIS is given a rea...
Sales of Goods. A. Goods may be offered for sale by the Hirer during the Hire Period and will not be subject to any commission charge by Creative Art Courses.
B. All sales of goods will be handled by the Hirer. Creative Art Courses and its officers and representatives, including any Exhibition Staffing, will not handle sales enquiries or transactions.
C. Any payments for goods will be received by the Hirer directly and notices must be displayed for the duration of the Hire Period explaining to visitors which goods are offered for sale and to whom any payment should be made.
Sales of Goods. Buyer may purchase from Diamond and Diamond may sell to Buyer from time to time certain goods and products ("goods") pursuant to one or more purchase orders submitted by Buyer in writing, by email or by telephone. Acceptance of any purchase order and sale of any goods to Buyer by Diamond shall be conditioned upon (i) execution by Buyer of a Sales Confirmation in the form provided by Diamond (a "Sales Confirmation"), and / or (ii) acceptance by Diamond of Buyer Purchase Order, and (iii) Buyer's assent to these Terms and Conditions which shall be automatically incorporated into, supplement and govern each Sales Confirmation and the performance of Diamond and Buyer thereunder. To the extent any terms set forth in a Sales Confirmation conflict with these Terms and Conditions, the conflicting terms set forth in the Sales Confirmation shall be controlling. Modifications by Buyer of any Sales Confirmation or any of these Terms and Conditions shall be without force and effect unless approved in writing by an authorized representative of Diamond.
Sales of Goods. 1.01 Seller shall transfer and deliver to Buyer, and Buyer shall pay for and accept, the Goods, pursuant to the terms and conditions of this Agreement.
Sales of Goods. 1.1. Supplier hereby agrees to sell and deliver to Rosebel the following Goods, as described in the Quotation re: “ ……………” dated attached hereto (Annex 3).
1.2. Supplier warrants that the Goods are with those standards which are customary in the industry of similar Goods and fit for intended purpose. Supply for Goods Agreement: Rosebel Gold Mines NV–……………………………..
1.3. Supplier shall pack the Goods in such manner adequate to protect the Goods and as to ensure preservation of such Goods during transportation and storage.
Sales of Goods. 2.1. Notwithstanding anything elsewhere provided, ownership in and to the Goods sold by the Seller to the Purchaser shall remain vested in the Seller until such time as all amounts due in respect of a transaction, including purchase price, interest and other costs and expenses, has been paid in full.
2.2. In the event of non-payment as described hereunder, the Seller shall be entitled at its discretion to claim repossession of any goods sold by the Seller to the Purchaser and to institute action for damages suffered by the Seller forthwith prejudice to the rights of the Seller to claim payment of any amount outstanding, forthwith without giving notice to the Purchaser. In the event of the Seller electing to recover possession of the goods, this shall be subject to the Purchaser being responsible for payment of all transport costs, Provincial or Local taxes or imports and storage costs.
2.3. Claims for short deliveries or deliveries not in accordance with order must be made in writing immediately upon receipt of the goods by the Purchaser. The Seller will not accept returns of goods unless the unit return has been approved by the Seller within 7 days of date of delivery, and in the event of the Seller accepting return of goods it shall be subject to a 10 % handling charge on the purchase price at the discretion of the Seller.
2.4. The purchaser is liable for all payments until such time that the contract period is completed and finalized or paid for in full.
2.5. The client shall pay Cape Town Tracking the fee for the services as set out in the subscriber agreement, monthly in advance by debit order from the clients banking account.
2.6. In the event that a payment date selected by the client does not fall on a business day, the client agrees that Cape Town Tracking may debit the clients bank account on the preceding business day.
2.7. Should any debit order be returned for any reason whatsoever; Cape Town Tracking reserves the right to change the date on which the debit orders are processed.
2.8. Whilst recovery services are free to clients who have opted for the service, any additional ad-hoc fees ie. Towing, roadside security, additional fuel, locksmiths, safe storage etc. will be for the clients account and will be settled within 30 days of invoice.
2.8.1 Recovery services is free from time of activation and until 1 hour after the vehicle or asset has been recovered. Any additional time spent on the scene will first be cleared with the client and will b...
Sales of Goods. 4.1 Each order for Goods by the Customer from the Company shall be deemed to be an offer by the Customer to purchase Goods subject to these conditions and shall not be deemed to be accepted by the Company until a written acknowledgement of order is issued by the Company or (if earlier) the Company delivers the Goods to the Customer.
4.2 The description of the Goods shall be as set out in the Quotation only.
4.3 Where the Company is not the manufacturer of the Goods, the Company will endeavour to transfer to the Buyer the benefit of any warranty or guarantee given to the Company.
4.4 All warranties, conditions and other terms implied by statute or common law (save for the conditions implied by section 12 of the Sale of Goods Act 1979) are, to the fullest extent permitted by law, excluded from the Contract.
4.5 Any liability of the Company for non-delivery of Goods shall be limited to replacing the Goods within a reasonable time or issuing a credit note at the pro rata Contract rate against any invoice raised for such Goods.
4.6 In relation to the sale of Grip Equipment or similar consumable items the following terms apply in addition to the other terms of the Contract:-
4.6.1 The Customer acknowledges that the Goods will naturally degenerate. The Customer must therefore test the Goods prior to use irrespective of any “use by” or other date indication on the packaging.
4.6.2 The Company gives no warranty as to the quality or rating of the Goods.
4.6.3 Notwithstanding clause 5 hereof for Customers with an approved credit account the due date for payment is 7 days after the date of the Company’s invoice. For all other Customers payment must be made prior to delivery or collection.
4.6.4 Where Goods are not defective there is no right to return the Goods. The Company, entirely at its discretion, may accept the return of Goods provided the packaging or seal on the container has not been broken and the Goods returned are less than 60% of the Goods ordered in value.
Sales of Goods. ACI shall deliver the Products, to Rockford's dealers in the United States, upon its receipt from Rockford of dealer orders for the Products. Each order shall be shipped (subject to availability), freight prepaid, to a Rockford dealer as directed by Rockford and within one working day after Rockford delivers the order to ACI.
Sales of Goods. For the term of this Agreement, Seller agrees to manufacture and sell to Buyer those goods listed in Exhibit A, a copy of which is attached hereto and made a part hereof (the "Product List"). Seller further agrees that all goods contained in the Product List will be produced in accordance with the Buyer's formulas and specifications.
