Common use of THE GOODS AND SERVICES Clause in Contracts

THE GOODS AND SERVICES. 4.1 The Supplier shall provide the Goods and/or Services to, and shall perform its other obligations under this Agreement for the benefit of Balfour Xxxxxx. 4.2 The Goods and/or Services shall be fit for the intended purpose specified in or reasonably inferred from the Agreement. 4.3 In performing its obligations (including the provision of the Goods and/or Services) under this Agreement, the Supplier shall notify Balfour Xxxxxx as soon as it is aware of any potential or actual delays or obstacles to the performance of any of the Supplier's obligations. 4.4 Balfour Xxxxxx shall not be in breach of this Agreement, nor shall it be liable to the Supplier, for failure to perform its obligations under this Agreement if, and to the extent that, such failure directly or indirectly results from the Supplier failing to perform any of its obligations under this Agreement or is caused by any negligent, tortuous or unlawful act or omission of the Supplier, its agents or subcontractors. 4.5 Xxxxxxx Xxxxxx reserves the right to reject incomplete deliveries and to return excess quantities at the Supplier's expense. 4.6 The Goods shall be at risk of the Supplier until Delivery to Balfour Xxxxxx at the place of delivery specified in the Purchase Order, or as otherwise specified by Balfour Xxxxxx. 4.7 Ownership of the Goods shall pass to Balfour Xxxxxx on completion of Delivery (including off-loading) in accordance with the Purchase Order, except that if the Goods are paid for before delivery ownership shall pass to Balfour Xxxxxx once payment has been made. The Parties acknowledge and agree that Xxxxxxx Xxxxxx is the intended owner of the Imported Items (defined in Clause 7.2) for Value Added Tax (“VAT”) purposes. 4.8 Goods found to be defective or of inferior quality will be rejected and returned for rectification or replacement at the expense of the Supplier. Any additional expenditure reasonably incurred by Xxxxxxx Xxxxxx in obtaining other Goods in replacement shall be paid by the Supplier to Balfour Xxxxxx. All Goods shall be new, unless Xxxxxxx Xxxxxx has otherwise agreed in writing.

THE GOODS AND SERVICES. 4.1 The Supplier shall provide the Goods and/or Services to, and shall perform its other obligations under this Agreement for the benefit of Balfour Xxxxxx. 4.2 The Goods and/or Services shall be fit for the intended purpose specified in or reasonably inferred from the Agreement. 4.3 In performing its obligations (including the provision of the Goods and/or Services) under this Agreement, the Supplier shall notify Balfour Xxxxxx as soon as it is aware of any potential or actual delays or obstacles to the performance of any of the Supplier's obligations. 4.4 Balfour Xxxxxx shall not be in breach of this Agreement, nor shall it be liable to the Supplier, for failure to perform its obligations under this Agreement if, and to the extent that, such failure directly or indirectly results from the Supplier failing to perform any of its obligations under this Agreement or is caused by any negligent, tortuous or unlawful act or omission of the Supplier, its agents or subcontractors. 4.5 Xxxxxxx Xxxxxx reserves the right to reject incomplete deliveries and to return excess quantities at the Supplier's expense. 4.6 The Goods shall be at risk of the Supplier until Delivery delivery to Balfour Xxxxxx at the place of delivery specified in the Purchase Order, or as otherwise specified by Balfour Xxxxxx. 4.7 Ownership of the Goods shall pass to Balfour Xxxxxx on completion of Delivery delivery (including off-loading) in accordance with the Purchase Order, except that if the Goods are paid for before delivery ownership shall pass to Balfour Xxxxxx once payment has been made. The Parties acknowledge and agree that Xxxxxxx Xxxxxx is the intended owner of the Imported Items (defined in Clause 7.2) for Value Added Tax (“VAT”) purposes. 4.8 Goods found to be defective or of inferior quality will be rejected and returned for rectification or replacement at the expense of the Supplier. Any additional expenditure reasonably incurred by Xxxxxxx Xxxxxx in obtaining other Goods in replacement shall be paid by the Supplier to Balfour Xxxxxx. All Goods shall be new, unless Xxxxxxx Xxxxxx has otherwise agreed in writing.

THE GOODS AND SERVICES. 4.1 The Supplier shall provide the Goods and/or Services to, and shall perform its other obligations under this Agreement for the benefit of Balfour XxxxxxSB3. 4.2 The Goods and/or Services shall be fit for the intended purpose specified in or reasonably inferred from the Agreement. 4.3 In performing its obligations (including the provision of the Goods and/or Services) under this Agreement, the Supplier shall notify Balfour Xxxxxx SB3 as soon as it is aware of any potential or actual delays or obstacles to the performance of any of the Supplier's obligations. 4.4 Balfour Xxxxxx SB3 shall not be in breach of this Agreement, nor shall it be liable to the Supplier, for failure to perform its obligations under this Agreement if, and to the extent that, such failure directly or indirectly results from the Supplier failing to perform any of its obligations under this Agreement or is caused by any negligent, tortuous or unlawful act or omission of the Supplier, its agents or subcontractors. 4.5 Xxxxxxx Xxxxxx SB3 reserves the right to reject incomplete deliveries and to return excess quantities at the Supplier's expense. 4.6 The Goods shall be at risk of the Supplier until Delivery delivery to Balfour Xxxxxx SB3 at the place of delivery specified in the Purchase Order, or as otherwise specified by Balfour XxxxxxSB3. 4.7 Ownership of the Goods shall pass to Balfour Xxxxxx SB3 on completion of Delivery delivery (including off-loading) in accordance with the Purchase Order, except that if the Goods are paid for before delivery ownership shall pass to Balfour Xxxxxx SB3 once payment has been made. The Parties acknowledge and agree that Xxxxxxx Xxxxxx is the intended owner of the Imported Items (defined in Clause 7.2) for Value Added Tax (“VAT”) purposes. 4.8 Goods found to be defective or of inferior quality will be rejected and returned for rectification or replacement at the expense of the Supplier. Any additional expenditure reasonably incurred by Xxxxxxx Xxxxxx SB3 in obtaining other Goods in replacement shall be paid by the Supplier to Balfour XxxxxxSB3. All Goods shall be new, unless Xxxxxxx Xxxxxx SB3 has otherwise agreed in writing.

THE GOODS AND SERVICES. 4.1 The Supplier shall provide the Goods and/or Services to, and shall perform its other obligations under this Agreement for the benefit of Balfour Xxxxxx. 4.2 The Goods and/or Services shall be fit for the intended purpose specified in or reasonably inferred from the Agreement. 4.3 In performing its obligations (including the provision of the Goods and/or Services) under this Agreement, the Supplier shall notify Balfour Xxxxxx as soon as it is aware of any potential or actual delays or obstacles to the performance of any of the Supplier's obligations. 4.4 4.3 Balfour Xxxxxx shall not be in breach of this Agreement, nor shall it be liable to the Supplier, for failure to perform its obligations under this Agreement if, and to the extent that, such failure directly or indirectly results from the Supplier failing to perform any of its obligations under this Agreement or is caused by any negligent, tortuous or unlawful act or omission of the Supplier, its agents or subcontractors. 4.5 4.4 Xxxxxxx Xxxxxx reserves the right to reject incomplete deliveries and to return excess quantities at the Supplier's expense. 4.6 4.5 The Goods shall be at risk of the Supplier until Delivery delivery to Balfour Xxxxxx at the place of delivery specified in the Purchase Order, or as otherwise specified by Balfour Xxxxxx. 4.7 4.6 Ownership of the Goods shall pass to Balfour Xxxxxx on completion of Delivery delivery (including off-loading) in accordance with the Purchase Order, except that if the Goods are paid for before delivery ownership shall pass to Balfour Xxxxxx once payment has been made. The Parties acknowledge and agree that Xxxxxxx Xxxxxx is the intended owner of the Imported Items (defined in Clause 7.2) for Value Added Tax (“VAT”) purposes. 4.8 4.7 Goods found to be defective or of inferior quality will be rejected and returned for rectification or replacement at the expense of the Supplier. Any additional expenditure reasonably incurred by Xxxxxxx Xxxxxx in obtaining other Goods in replacement shall be paid by the Supplier to Balfour Xxxxxx. All Goods shall be new, unless Xxxxxxx Xxxxxx has otherwise agreed in writing.

THE GOODS AND SERVICES. 4.1 The Supplier shall provide the Goods and/or Services to, and shall perform its other obligations under this Agreement for the benefit of Balfour Xxxxxx. 4.2 The Goods and/or Services shall be fit for the intended purpose specified in or reasonably inferred from the Agreement. 4.3 In performing its obligations (including the provision of the Goods and/or Services) under this Agreement, the Supplier shall notify Balfour Xxxxxx as soon as it is aware of any potential or actual delays or obstacles to the performance of any of the Supplier's obligations. 4.4 4.3 Balfour Xxxxxx shall not be in breach of this Agreement, nor shall it be liable to the Supplier, for failure to perform its obligations under this Agreement if, and to the extent that, such failure directly or indirectly results from the Supplier failing to perform any of its obligations under this Agreement or is caused by any negligent, tortuous tortious or unlawful act or omission of the Supplier, its agents or subcontractors. 4.5 4.4 Xxxxxxx Xxxxxx reserves the right to reject incomplete deliveries and to return excess quantities at the Supplier's expense. 4.6 4.5 The Goods shall be at risk of the Supplier until Delivery delivery to Balfour Xxxxxx at the place of delivery specified in the Purchase Order, or as otherwise specified by Balfour Xxxxxx. 4.7 4.6 Ownership of the Goods shall pass to Balfour Xxxxxx on completion of Delivery delivery (including off-loading) in accordance with the Purchase Order, except that if the Goods are paid for before delivery ownership shall pass to Balfour Xxxxxx once payment has been made. The Parties acknowledge and agree that Xxxxxxx Xxxxxx is the intended owner of the Imported Items (defined in Clause 7.2) for Value Added Tax (“VAT”) purposes. 4.8 4.7 Goods found to be defective or of inferior quality will be rejected and returned for rectification or replacement at the expense of the Supplier. Any additional expenditure reasonably incurred by Xxxxxxx Xxxxxx in obtaining other Goods in replacement shall be paid by the Supplier to Balfour Xxxxxx. All Goods shall be new, unless Xxxxxxx Xxxxxx has otherwise agreed in writing.