Undelivered Goods. In the event that not all of the Goods are Delivered in accordance with Clauses 7.1 (Provision of the Goods and/or Services),9.2 (Time of Delivery of the Goods) and 9.3 (Location and Manner of Delivery of the Goods) ("Undelivered Goods"), the Customer, without prejudice to any other rights and remedies of the Customer howsoever arising, shall be entitled to withhold payment of the applicable Call Off Contract Charges for the Goods that were not so Delivered until such time as the Undelivered Goods are Delivered. The Customer, at its discretion and without prejudice to any other rights and remedies of the Customer howsoever arising deem the failure to comply with Clauses 7.1 (Provision of the Goods and/or Services), 9.2 (Time of Delivery of the Goods) and 9.3 (Location and Manner of Delivery of the Goods) and meet the relevant Milestone Date (if any) to be a material Default. Over-Delivered Goods The Customer shall be under no obligation to accept or pay for any Goods delivered in excess of the quantity specified in the Call Off Order Form (or elsewhere in this Call Off Contract) (“Over-Delivered Goods”). If the Customer elects not to accept such Over-Delivered Goods it may, without prejudice to any other rights and remedies of the Customer howsoever arising, give notice in writing to the Supplier to remove them within five (5) Working Days and to refund to the Customer any expenses incurred by the Customer as a result of such Over-Delivered Goods (including but not limited to the costs of moving and storing the Over-Delivered Goods). If the Supplier fails to comply with the Customer’s notice under Clause 9.5.2, the Customer may dispose of such Over-Delivered Goods and charge the Supplier for the costs of such disposal. The risk in any Over-Delivered Goods shall remain with the Supplier. Delivery of the Goods by Instalments Unless expressly agreed to the contrary, the Customer shall not be obliged to accept delivery of the Goods by instalments. If, however, the Customer 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 Customer howsoever arising, entitle the Customer to terminate the whole or any unfulfilled part of this Call Off Contract for material Default without further liability to the Customer. Risk and Ownership in Relation to the Goods Without prejudice to any other rights or remedies of the Customer ho...
Undelivered Goods. In the event that not all of the Goods are Delivered in accordance with Clause 8.1 ("Undelivered Goods") then at its discretion: the Customer may, (provided that the Customer has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Supplier that the Goods have not been Delivered and may notify the Supplier that the Supplier should deliver free of charge substitute Goods within the timescales specified by the Customer; and/or deem the failure to comply with Clause Error: Reference source not found and meet the relevant Milestone Date (if any) to be a Material Breach. The right of the Customer under Clause 8.6.3 shall be without prejudice to any other rights and remedies that the Customer has under this Call Off Contract and at Law.
Undelivered Goods. In the event that not all of the Goods are Delivered in accordance with Clauses 8.1 (Provision of the Goods), 8.2 (Time of Delivery of the Goods) and 8.3 (Location and Manner of Delivery of the Goods) ("Undelivered Goods"), the Customer, without prejudice to any other rights and remedies of the Customer howsoever arising, shall be entitled to withhold payment of the applicable Call Off Contract Charges for the Goods that were not so Delivered until such time as the Undelivered Goods are Delivered. The Customer, at its discretion and without prejudice to any other rights and remedies of the Customer howsoever arising deem the failure to comply with Clauses 8.1 (Provision of the Goods), 8.2 (Time of Delivery of the Goods) and 8.3 (Location and Manner of Delivery of the Goods) and meet the relevant Milestone Date (if any) to be a material Default.
Undelivered Goods. Where title in Goods passes to Spark while those Goods are still in the possession of Supplier or its agents: (a) Supplier will ensure that the Goods are clearly labelled as the property of Spark, and are stored in a manner which clearly separates them from any other goods in the possession of Supplier or its agents; (b) Supplier will promptly notify Spark where those Goods are being held pending delivery to Spark; and (c) Supplier acknowledges that it holds those Goods solely as bailee for Spark.
Undelivered Goods a) Where though no fault of the carrier, the goods can not be delivered, the carrier shall immediately give notice to the con- xxxxxx and consignee that delivery has not been made, and shall request disposal instructions.
b) Pending receipt of such disposals instructions,
i) The goods may be stored in the ware- house of the carrier, subject to a reason- able charge for storage; or
ii) Provided that the carrier has notified the consignor of his intention, the goods may be removed to and stored in, a public or licensed warehouse, at the expense of the consignor, without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges, including a rea- sonable charge for storage.
Undelivered Goods. If, for any reason whatsoever, the Consignee refuses or fails to take delivery of the Goods upon their arrival and availability at destination and upon expiration of tariff-prescribed free time or any notice period as set forth in a notice of arrival, availability or demand given by Carrier, Carrier may, without further notice or demand, and in addition to any other legal or equitable remedies, exercise its maritime lien for any charges due at a private or judicial sale of the Goods, or may place the Goods in storage at the risk and expense of the Goods, subject to a lien in favor of Carrier for any charges due.
Undelivered Goods. In the event that not all of the Goods are Delivered in accordance with Clauses 7.1 (Provision of the Goods and/or Services), 9.1 (Time of Delivery of the Goods) and 9.2 (Location and Manner of Delivery of the Goods) ("Undelivered Goods"), the Customer, without prejudice to any other rights and remedies of the Customer howsoever arising, shall be entitled to withhold payment of the applicable Call Off Contract Charges for the Goods that were not so Delivered until such time as the Undelivered Goods are Delivered. The Customer, at its discretion and without prejudice to any other rights and remedies of the Customer howsoever arising deem the failure to comply with Clauses 7.1 (Provision of the Goods and/or Services), 9.1 (Time of Delivery of the Goods) and 9.2 (Location and Manner of Delivery of the Goods) and meet the relevant Milestone Date (if any) to be a breach of condition..
Undelivered Goods. Where title in Goods passes to Spark NZT while those Goods are still in the possession of the Supplier or its agents:
(a) the Supplier will ensure that the Goods are clearly labelled as the property of Spark NZT, and are stored in a manner which clearly separates them from any other goods in the possession of the Supplier or its agents; losses, costs or other expenses suffered or incurred as a direct result of Supplier’s breach of warranty.
Undelivered Goods. In the event that not all of the Goods are Delivered in accordance with Clause 8.1 ("Undelivered Goods") then at its discretion: the Customer may, (provided that the Customer has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Supplier that the Goods have not been Delivered and may notify the Supplier that the Supplier should deliver free of charge substitute Goods within the timescales specified by the Customer; and/or deem the failure to comply with Clause 8.1 and meet the relevant Milestone Date (if any) to be a Material Breach. The right of the Customer under Clause 8.6.1.2 shall be without prejudice to any other rights and remedies that the Customer has under this Call Off Contract and at Law.
