Time of Shipment. Within 24hours after the inspection of goods by the Buyer or its authorized representatives.
Time of Shipment. The shipping dates quoted on the face of this Order Acknowledgement are approximate only. SSAB does not guarantee to ship in the time frame specified but will exercise all reasonable efforts to do so. If SSAB is unable to ship Goods in accordance with the dates specified, SSAB reserves the right to reasonably extend such dates upon giving notice to Buyer. SSAB may make partial shipments of Goods, unless otherwise specified on the face of this Order Acknowledgement, and payment for any portion of Goods so shipped shall become due in accordance with the terms of payment set out below.
Time of Shipment. Please see Annex 3
Time of Shipment. After receiving all payments;
Time of Shipment. IDT shall Ship the quantity of Product ordered under any Firm Order on the delivery date stipulated therein, and otherwise in accordance with the provisions set forth in the respective Product Schedule.
Time of Shipment. All machines should be delivery before Jan. 15, 2010;
Time of Shipment. 5.2 Test Reports
Time of Shipment. GSLI shall ship all Standard Lasers after a purchase order therefor has been accepted by GSLI under section 4.2 in accordance with the delivery date quoted by GSLI in its acceptance.
Time of Shipment. A failure to ship outside the shipping time specified in the contract is a breach of condition. The buyer can reject the documents if they record the late or early shipment date according to Xxxx v Comptoir,12 and by Xxxxxxx v Cox.13 Early shipment is equally a breach of contract according to Xxxxx v Xxxxx,14 because it could force the buyer to have to pay sooner than expected and to pay unwanted storage costs for the goods on arrival whilst late delivery can defeat his contractual purposes. The Xxxxx Xxxx : Xxxxxx x Xxxxxx,15 classifies the various c.i.f. contract terms as warranties, conditions and or innominate terms. In Cobec V Xxxxxxx,16 Bill of lading covered two cargoes. The first cargo was shipped on time but the second was shipped late. The court held that the bill of lading could not be severed. The buyer could reject the whole bill of lading for late shipment or waive the breach but he could not reject the late portion alone. This makes sense since subsequent buyers and banks need to be clear about the validity of documents. Ideally, the buyer needed to specify separate bills of lading for each cargo then he would not have had a problem. The Santa Xxxxx : Vitol v Norelf,17 is a strange case in that it hinges on a finding of fact by an arbitrators which was not appealed. It appears that there was a contract to load and ship a specific cargo of propane gas between 1-7th March. On the 8th March the buyers notified the sellers that since loading would not be completed until the 9th the sellers had committed a breach of condition and the buyers elected to repudiate the contract on this basis. The sellers never acknowledge the repudiation and completed loading. The vessel said and on the 15th March they sold the cargo at a loss of $lm to a third party then claimed the $1 as damages from the buyer. The arbitrator found that the buyer was guilty of an anticipatory breach of contract which was not accepted by the seller and awarded the seller $lm compensation. The buyer appealed but lost. Because the pleading accepted the finding of fact by the arbitrator that there was an anticipatory repudiatory breach of contract by the buyer it is not possible to find out why this was so. One can only speculate on this. Possibly the buyer’s claim that there was a condition in the contract that goods had to be loaded between the 1-7th March was incorrect and March shipment was permitted. Or, perhaps loading commenced before the 8 Xxxxxxxxxx v Xxxxxx [1957] 1 WLR 136
