Common use of The Goods Clause in Contracts

The Goods. If requested by the Authority, the Contractor shall either provide the Authority with samples of Goods or performance demonstrations of Goods for evaluation and approval at the Contractor’s cost and expense. The Contractor shall ensure that the Goods are fully compatible with any Equipment, to the extent specified in the Specification. The Contractor acknowledges that the Authority relies on the skill and judgment of the Contractor in the supply of the Goods and the performance of its obligations under the Contract. The Contractor shall supply and, where relevant, install the Goods in accordance with the Specification and the Tender and with all applicable provisions of the Contract. Delivery Subject to Schedule D, the Contractor shall deliver the Goods at the time(s) and date(s) specified in the Specification, to the Premises or location agreed. Unless otherwise specified, deliveries shall only be accepted during normal business hours. Unless otherwise stated in the Specification, where the Goods are delivered by the Contractor, the point of delivery shall be when the Goods have been removed from the transporting vehicle at the Premises and accepted by the Authority. Where the Goods are collected by the Authority, the point of delivery shall be when the Goods are loaded on the Authority’s vehicle. Time of delivery shall be of the essence and if the Contractor fails to deliver the Goods within the time promised or specified in the Specification, the Authority may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. The Authority shall be under no obligation to accept or pay for any Goods delivered in excess of the quantity ordered. If the Authority elects not to accept such over-delivered Goods it shall give notice in writing to the Contractor to remove them within five (5) Working Days and to refund to the Authority any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Authority may dispose of such Goods and charge the Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Contractor unless they are accepted by the Authority. The Authority shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Specification. Unless expressly agreed to the contrary, the Authority shall not be obliged to accept delivery by instalments. If, however, the Authority does specify or agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Authority, entitle the Authority to terminate the whole of any unfulfilled part of the Contract without further liability to the Authority. Unless otherwise stated in the Specification, there shall be no charge for delivery of the Goods to the Premises or for packaging used by the Contractor. Returnable packaging will only be returned at the Contractor’s risk and expense. Risk and Ownership Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below) pass to the Authority when delivery is completed to the Authority’s reasonable satisfaction. Ownership of the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below), pass to the Authority at the time of delivery (or payment, if earlier).

Appears in 9 contracts

Samples: Provision of Recycling Bins to Irc the Verne, Supply and Installation Agreement, Supply and Installation Agreement

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The Goods. If requested The Supplier represents and warrants that it has the right to and shall sell the Goods free of any charge, lien or other encumbrance. In providing the Goods, the Supplier shall: ensure that the Goods shall correspond with their description and specifications in the Agreement, and if applicable, the Purchase Order Form for that Order and any other specification or quality documentation agreed by the Authorityparties, and that they comply with all applicable statutory and regulatory requirements; ensure that the Contractor Goods shall either provide be of satisfactory quality (within the Authority with samples meaning of the Sale of Goods Xxx 0000, as amended) and fit for any purpose held out by the Supplier or performance demonstrations made known to the Supplier by the Customer expressly or by implication, and in this respect the Customer relies on the Supplier’s skill and judgment; use the best quality goods, materials, standards and techniques, and ensure that the Goods, will be free from defects in workmanship, material and design; ensure that the Goods shall comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of Goods for evaluation and approval at the Contractor’s cost and expense. The Contractor shall Goods; ensure that the Goods are fully compatible with any Equipmentstored and shipped under such storage conditions as are appropriate to ensure that the Goods are maintained in good condition at all times during the delivery process [including, to the extent without limitation, as specified in Schedule 1]; [Include optional text if applicable] not do or omit to do anything which may cause the Specification. The Contractor Customer to lose any licence, authority, consent or permission on which it relies for the purposes of conducting its business, and the Supplier acknowledges that the Authority relies Customer may rely or act on the skill Goods; and judgment not infringe the rights of any third party or cause the Contractor in Customer to infringe any such rights. The Supplier represents and warrants that it has obtained and shall make available to the supply of the Goods Customer all licences, clearances, permissions, authorisations, consents and the performance of permits necessary to carry out its obligations under the ContractAgreement. The Contractor shall supply and, where relevant, install Customer reserves the right at any time before or after delivery to inspect and test the Goods in accordance with and inspect the Specification and the Tender and with all applicable provisions of the Contract. Delivery Subject to Schedule D, the Contractor shall deliver the Goods at the time(s) and date(s) specified in the Specification, to the Premises or location agreed. Unless otherwise specified, deliveries shall only be accepted during normal business hours. Unless otherwise stated in the Specification, premises where the Goods are delivered by being manufactured or stored. The Customer's inspector may adopt any reasonable means to satisfy himself or herself that the Contractorcorrect materials, workmanship and/or care and skill are or have been used. If following such inspection or testing the Customer considers that the Goods do not conform or are unlikely to comply with the Supplier's undertakings at Clause 7.2, the point of delivery Customer shall be when inform the Goods have been removed from the transporting vehicle Supplier and at the Premises and accepted by the Authorityits discretion may exercise its rights under Clause 9. Where the Goods are collected by the AuthorityNotwithstanding any such inspection or testing, the point of delivery Supplier shall be when the Goods are loaded on the Authority’s vehicle. Time of delivery shall be of the essence and if the Contractor fails to deliver the Goods within the time promised or specified in the Specification, the Authority may release itself from any obligation to accept and pay remain fully responsible for the Goods and/or terminate the Contract, in either case without prejudice to and any other rights and remedies of the Authority. The Authority shall be under no obligation to accept such inspection or pay for any Goods delivered in excess of the quantity ordered. If the Authority elects not to accept such over-delivered Goods it shall give notice in writing to the Contractor to remove them within five (5) Working Days and to refund to the Authority any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Authority may dispose of such Goods and charge the Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Contractor unless they are accepted by the Authority. The Authority shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Specification. Unless expressly agreed to the contrary, the Authority testing shall not be obliged reduce or otherwise affect the Supplier's obligations under the Agreement, and the Customer shall have the right to accept delivery by instalments. If, however, conduct further inspections and tests after the Authority does specify or agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for Supplier has carried out its delivery shall, without prejudice to any other rights or remedies of the Authority, entitle the Authority to terminate the whole of any unfulfilled part of the Contract without further liability to the Authority. Unless otherwise stated in the Specification, there shall be no charge for delivery of the Goods to the Premises or for packaging used by the Contractor. Returnable packaging will only be returned at the Contractor’s risk and expense. Risk and Ownership Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below) pass to the Authority when delivery is completed to the Authority’s reasonable satisfaction. Ownership of the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below), pass to the Authority at the time of delivery (or payment, if earlier)remedial actions.

Appears in 3 contracts

Samples: Framework Agreement for the Supply of Goods, Framework Agreement for the Supply of Goods, Framework Agreement for the Supply of Goods

The Goods. If requested The Supplier represents and warrants that it has the right to and shall sell the Goods free of any charge, lien or other encumbrance. In providing the Goods, the Supplier shall ensure that the Goods: correspond with their description in the Purchase Order Form for that Order, the Technical Agreement, the applicable specifications set out in Clause 27 and if applicable, any other specification or quality documentation agreed by the Authorityparties; meet the international standards for quality, are being supplied to the Contractor shall either provide Customer in line with WHO’s Good Manufacturing Practices (GMP) and Model Quality Assurance System for Procurement Agencies (MQAS), and that are in line with the Authority National Essential Drug List (NEDL) in the country in which they will be used; are of satisfactory quality (within the meaning of the Consumer Rights Xxx 0000, as amended) and fit for any purpose held out by the Supplier or made known to the Supplier by the Customer expressly or by implication, and in this respect the Customer relies on the Supplier’s skill and judgment; are free from defects in workmanship, material and design; comply with samples all applicable statutory and regulatory requirements, including, without limitation, relating to the manufacture, labelling, packaging, storage, handling and delivery of Goods or performance demonstrations of Goods for evaluation the Goods; are stored and approval at shipped under such storage conditions as are set out in the Contractor’s cost Technical Agreement and expense. The Contractor shall otherwise as appropriate to ensure that the Goods are fully compatible with maintained in good condition at all times during the delivery process including, without limitation, as set out in Clause 8 below and the applicable provisions of the Technical Agreement; and not infringe the rights of any Equipment, third party or cause the Customer to the extent specified in the Specificationinfringe any such rights. The Contractor Supplier shall not do or omit to do anything that may cause the Customer to lose any licence, authority, consent or permission on which it relies for the purposes of conducting its business, and the Supplier acknowledges that the Authority relies Customer may rely or act on the skill Goods. The Supplier represents and judgment of warrants that it has obtained and shall make available to the Contractor in the supply of the Goods Customer all licences, clearances, permissions, authorisations, consents and the performance of permits necessary to carry out its obligations under the ContractAgreement. The Contractor shall supply and, where relevant, install Customer reserves the right at any time before or after delivery to inspect and test the Goods in accordance with and inspect the Specification and the Tender and with all applicable provisions of the Contract. Delivery Subject to Schedule D, the Contractor shall deliver the Goods at the time(s) and date(s) specified in the Specification, to the Premises or location agreed. Unless otherwise specified, deliveries shall only be accepted during normal business hours. Unless otherwise stated in the Specification, premises where the Goods are delivered by being manufactured or stored. The Customer's inspector may adopt any reasonable means to satisfy himself or herself that the Contractorcorrect materials, workmanship and/or care and skill are or have been used. If following such inspection or testing the Customer considers that the Goods do not conform or are unlikely to comply with the Supplier's undertakings at Clause 7.2, the point of delivery Customer shall be when inform the Goods have been removed from the transporting vehicle Supplier and at the Premises its discretion may exercise its rights under Clauses 8 and accepted by the Authority10. Where the Goods are collected by the AuthorityNotwithstanding any such inspection or testing, the point of delivery Supplier shall be when the Goods are loaded on the Authority’s vehicle. Time of delivery shall be of the essence and if the Contractor fails to deliver the Goods within the time promised or specified in the Specification, the Authority may release itself from any obligation to accept and pay remain fully responsible for the Goods and/or terminate the Contract, in either case without prejudice to and any other rights and remedies of the Authority. The Authority shall be under no obligation to accept such inspection or pay for any Goods delivered in excess of the quantity ordered. If the Authority elects not to accept such over-delivered Goods it shall give notice in writing to the Contractor to remove them within five (5) Working Days and to refund to the Authority any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Authority may dispose of such Goods and charge the Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Contractor unless they are accepted by the Authority. The Authority shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Specification. Unless expressly agreed to the contrary, the Authority testing shall not be obliged reduce or otherwise affect the Supplier's obligations under the Agreement, and the Customer shall have the right to accept delivery by instalments. If, however, conduct further inspections and tests after the Authority does specify or agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for Supplier has carried out its delivery shall, without prejudice to any other rights or remedies of the Authority, entitle the Authority to terminate the whole of any unfulfilled part of the Contract without further liability to the Authority. Unless otherwise stated in the Specification, there shall be no charge for delivery of the Goods to the Premises or for packaging used by the Contractor. Returnable packaging will only be returned at the Contractor’s risk and expense. Risk and Ownership Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below) pass to the Authority when delivery is completed to the Authority’s reasonable satisfaction. Ownership of the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below), pass to the Authority at the time of delivery (or payment, if earlier)remedial actions.

Appears in 1 contract

Samples: Framework Agreement

The Goods. If requested by the Authority, the Contractor shall either provide the Authority with samples of Goods or performance demonstrations of Goods for evaluation and approval at the Contractor’s cost and expense. The Contractor shall ensure that the Goods are fully compatible with any Equipment, to the extent specified in the Specification. The Contractor acknowledges that the Authority relies on the skill and judgment of the Contractor in the supply of the Goods and the performance of its obligations under the Contract. The Contractor shall supply and, where relevant, install the Goods in accordance with the Specification and the Tender and with all applicable provisions of the Contract. Delivery Subject to Schedule D, the Contractor Economic Operator shall deliver the Goods at the time(s), to the location(s) and on the date(s) specified in the Specification, Task Order and/or in the Supplementary Request for Tender (where additional specifications in relation to the Premises or location agreedGoods and their delivery were contained therein) unless otherwise expressly directed by the Contracting Authority. Unless otherwise specified, deliveries shall only be accepted during normal business hours. Unless otherwise stated in expressly agreed between the Specification, parties: • where the Goods are delivered by the ContractorEconomic Operator, the point of delivery shall be when the Goods have been are removed from the transporting vehicle at the Premises and accepted Contracting Authority’s premises or such other location as notified by the AuthorityContracting Authority to the Economic Operator. Where the Goods are collected by the Contracting Authority, the point of delivery shall be when the Goods are loaded on the Contracting Authority’s vehicle. Time of ; • delivery shall be include the unloading, stacking or installation of the essence and if Goods by the Contractor fails to deliver Economic Operator’s staff, agents or carriers at such place as the Contracting Authority shall reasonably direct; • the Goods within shall be packed and marked in a proper manner and in accordance with the time promised or specified in the Specification, the Authority may release itself from Contracting Authority’s instructions and any obligation to accept statutory requirements and pay for the Goods and/or terminate the Contract, in either case without prejudice to any other rights and remedies requirements of the Authoritycarriers and manufacturers. The Authority name of the contents shall be under no obligation to accept or pay for any Goods delivered in excess clearly marked on each container and all containers of the quantity ordered. If the Authority elects not to accept such over-delivered Goods it hazardous content (and all documents relating thereto) shall give notice in writing to the Contractor to remove them within five (5) Working Days bear prominent and to refund to the Authority any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Authority may dispose of such Goods and charge the Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Contractor unless they are accepted by the Authority. The Authority shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Specificationadequate warnings. Unless expressly agreed to by the contraryContracting Authority, the Contracting Authority shall not be obliged to accept delivery of Goods by instalments. If, however, the Contracting Authority does specify or agree to delivery of Goods by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any such other legal rights or and remedies of generally available to the Contracting Authority, entitle the Contracting Authority to terminate the whole of any unfulfilled part of the Contract Task Order without further liability to the AuthorityEconomic Operator. Unless otherwise stated in the Specification, there The Contracting Authority shall be under no charge obligation to accept or pay for delivery any Goods delivered in excess of the quantity ordered The Contracting Authority shall be under no obligation to accept or pay for any Goods to supplied earlier than the Premises or for packaging used date expressly specified by the Contractor. Returnable packaging will only be returned at the Contractor’s risk and expense. Risk and Ownership Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Contracting Authority’s rights and remedies under clause C16 below) pass to the Authority when delivery is completed to the Authority’s reasonable satisfaction. Ownership of the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below), pass to the Authority at the time of delivery (or payment, if earlier).

Appears in 1 contract

Samples: Supplementary Request for Tender Contract

The Goods. If requested by the Authority, the Contractor shall either provide the Authority with samples of Goods or performance demonstrations of Goods for evaluation and approval at the Contractor’s cost and expense. The Contractor shall ensure that the Goods are fully compatible with any Equipment, to the extent specified in the Specification. The Contractor acknowledges that the Authority relies on the skill and judgment of the Contractor in the supply of the Goods and the performance of its obligations under the Contract. The Contractor shall supply and, where relevant, install the Goods in accordance with the Specification and the Tender and with all applicable provisions of the Contract. Delivery Subject to Schedule D, the Contractor shall deliver the Goods at the time(s) and date(s) specified in the Specification, to the Premises or location agreed. Unless otherwise specified, deliveries shall only be accepted during normal business hours. Unless otherwise stated in the Specification, where the Goods are delivered by the Contractor, the point of delivery shall be when the Goods have been removed from the transporting vehicle at the Premises and accepted by the Authority. Where the Goods are collected by the Authority, the point of delivery shall be when the Goods are loaded on the Authority’s vehicle. Time of delivery shall be of the essence and if the Contractor fails to deliver the Goods within the time promised or specified in the Specification, the Authority may release itself from any obligation to accept and pay for the Goods and/or terminate the Contract, in either case without prejudice to any other rights and remedies of the Authority. The Authority shall be under no obligation to accept or pay for any Goods delivered in excess of the quantity ordered. If the Authority elects not to accept such over-delivered Goods it shall give notice in writing to the Contractor to remove them within five (5) Working Days and to refund to the Authority any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Authority may dispose of such Goods and charge the Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Contractor unless they are accepted by the Authority. The Authority shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Specification. Unless expressly agreed to the contrary, the Authority shall not be obliged to accept delivery by instalments. If, however, the Authority does specify or agree to delivery by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any other rights or remedies of the Authority, entitle the Authority to terminate the whole of any unfulfilled part of the Contract without further liability to the Authority. Unless otherwise stated in the Specification, there shall be no charge for delivery of the Goods to the Premises or for packaging used by the Contractor. Returnable packaging will only be returned at the Contractor’s risk and expense. Risk and Ownership Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below) pass to the Authority when delivery is completed to the Authority’s reasonable satisfaction. Ownership of the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below), pass to the Authority at the time of delivery (or payment, if earlier).

Appears in 1 contract

Samples: Contract for the Provision of Support for Prison Ict Academies (Picta)

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The Goods. If requested by the Authority, the Contractor shall either provide the Authority with samples of Goods or performance demonstrations of Goods for evaluation and approval at the Contractor’s cost and expense. 1.9.1 The Contractor shall ensure that the Goods are fully compatible with any Equipment, to the extent specified in the Specification. The Contractor acknowledges that the Authority relies on the skill and judgment of the Contractor in the supply of the Goods and the performance of its obligations under the Contract. The Contractor shall supply and, where relevant, install the Goods in accordance with the Specification and the Tender and with all applicable provisions of the Contract. Delivery Subject to Schedule D, the Contractor Economic Operator shall deliver the Goods at the time(s), to the location(s) and on the date(s) specified in the Specification, Purchase Order and/or in the sRFT (where additional terms and conditions in relation to the Premises or location agreed. Goods are contained therein), unless otherwise expressly directed by the Contracting Authority. 1.9.2 Unless otherwise specified, deliveries shall only be accepted during normal business hours. Unless otherwise stated in expressly agreed between the Specification, parties: • where the Goods are delivered by the ContractorEconomic Operator, the point of delivery shall be when the Goods have been are removed from the transporting vehicle at the Premises and accepted Contracting Authority’s premises or such other location as notified by the Contracting Authority. Where the Goods are collected by the Contracting Authority, the point of delivery shall be when the Goods are loaded on the Contracting Authority’s vehicle. Time of ; • delivery shall be include the unloading, stacking or installation of the essence and if Goods by the Contractor fails to deliver Economic Operator’s staff, agents or carriers at such place as the Contracting Authority shall reasonably direct; • the Goods within shall be packed and marked in a proper manner and in accordance with the time promised or specified in the Specification, the Authority may release itself from Contracting Authority’s instructions and any obligation to accept statutory requirements and pay for the Goods and/or terminate the Contract, in either case without prejudice to any other rights and remedies requirements of the Authoritycarriers and manufacturers. The Authority name of the contents shall be under no obligation to accept or pay for any Goods delivered in excess clearly marked on each container and all containers of the quantity ordered. If the Authority elects not to accept such over-delivered Goods it hazardous content (and all documents relating thereto) shall give notice in writing to the Contractor to remove them within five (5) Working Days bear prominent and to refund to the Authority any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Authority may dispose of such Goods and charge the Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Contractor unless they are accepted by the Authority. The Authority shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Specification. adequate warnings. 1.9.3 Unless expressly agreed to by the contraryContracting Authority, the Contracting Authority shall not be obliged to accept delivery of Goods by instalments. If, however, the Contracting Authority does specify or agree to delivery of Goods by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any such other legal rights or and remedies of generally available to the Contracting Authority, entitle the Contracting Authority to terminate the whole of any unfulfilled part of the Purchase Order Contract without further liability to the Authority. Unless otherwise stated in the Specification, there Economic Operator. 1.9.4 The Contracting Authority shall be under no charge obligation to accept or pay for delivery any Goods: (a) delivered in excess of the Goods to quantity ordered; or (b) supplied earlier or later than the Premises or for packaging used date expressly specified by the Contractor. Returnable packaging will only Contracting Authority and time shall be returned at the Contractor’s risk and expense. Risk and Ownership Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below) pass to the Authority when delivery is completed to the Authority’s reasonable satisfaction. Ownership of the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below), pass to the Authority at the time of delivery (or payment, if earlier)essence in this respect.

Appears in 1 contract

Samples: Framework Agreement

The Goods. If requested by the Authority, the Contractor shall either provide the Authority with samples of Goods or performance demonstrations of Goods for evaluation and approval at the Contractor’s cost and expense. The Contractor shall ensure that the Goods are fully compatible with any Equipment, to the extent specified in the Specification. The Contractor acknowledges that the Authority relies on the skill and judgment of the Contractor in the supply of the Goods and the performance of its obligations under the Contract. The Contractor shall supply and, where relevant, install the Goods in accordance with the Specification and the Tender and with all applicable provisions of the Contract. Delivery Subject to Schedule D, the Contractor Economic Operator shall deliver the Goods at the time(s), to the location(s) and on the date(s) specified in the Specification, Task Order and/or in the sRFT (where additional terms and conditions in relation to the Premises or location agreedGoods are contained therein), unless otherwise expressly directed by the Contracting Authority. Unless otherwise specified, deliveries shall only be accepted during normal business hours. Unless otherwise stated in expressly agreed between the Specification, parties: • where the Goods are delivered by the ContractorEconomic Operator, the point of delivery shall be when the Goods have been are removed from the transporting vehicle at the Premises and accepted Contracting Authority’s premises or such other location as notified by the Contracting Authority. Where the Goods are collected by the Contracting Authority, the point of delivery shall be when the Goods are loaded on the Contracting Authority’s vehicle. Time of ; • delivery shall be include the unloading, stacking or installation of the essence and if Goods by the Contractor fails to deliver Economic Operator’s staff, agents or carriers at such place as the Contracting Authority shall reasonably direct; • the Goods within shall be packed and marked in a proper manner and in accordance with the time promised or specified in the Specification, the Authority may release itself from Contracting Authority’s instructions and any obligation to accept statutory requirements and pay for the Goods and/or terminate the Contract, in either case without prejudice to any other rights and remedies requirements of the Authoritycarriers and manufacturers. The Authority name of the contents shall be under no obligation to accept or pay for any Goods delivered in excess clearly marked on each container and all containers of the quantity ordered. If the Authority elects not to accept such over-delivered Goods it hazardous content (and all documents relating thereto) shall give notice in writing to the Contractor to remove them within five (5) Working Days bear prominent and to refund to the Authority any expenses incurred by it as a result of such over-delivery (including but not limited to the costs of moving and storing the Goods), failing which the Authority may dispose of such Goods and charge the Contractor for the costs of such disposal. The risk in any over-delivered Goods shall remain with the Contractor unless they are accepted by the Authority. The Authority shall be under no obligation to accept or pay for any Goods supplied earlier than the date for delivery stated in the Specificationadequate warnings. Unless expressly agreed to by the contraryContracting Authority, the Contracting Authority shall not be obliged to accept delivery of Goods by instalments. If, however, the Contracting Authority does specify or agree to delivery of Goods by instalments, delivery of any instalment later than the date specified or agreed for its delivery shall, without prejudice to any such other legal rights or and remedies of generally available to the Contracting Authority, entitle the Contracting Authority to terminate the whole of any unfulfilled part of the Contract Task Order without further liability to the AuthorityEconomic Operator. Unless otherwise stated in the Specification, there The Contracting Authority shall be under no charge obligation to accept or pay for delivery any Goods: (a) delivered in excess of the Goods to quantity ordered; or (b) supplied earlier or later than the Premises or for packaging used date expressly specified by the Contractor. Returnable packaging will only Contracting Authority and time shall be returned at the Contractor’s risk and expense. Risk and Ownership Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below) pass to the Authority when delivery is completed to the Authority’s reasonable satisfaction. Ownership of the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below), pass to the Authority at the time of delivery (or payment, if earlier)essence in this respect.

Appears in 1 contract

Samples: Multi Party Framework Agreement

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