Common use of Undelivered Goods Clause in Contracts

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.

Appears in 5 contracts

Samples: Call Off Order Form and Call Off Terms, Call Off Order Form and Call Off Terms, Call Off Order Form

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Undelivered Goods. In the event that not all of the Goods are Delivered in accordance with Clauses 8.1 7.1 (Provision of the GoodsGoods and/or Services), 8.2 9.1 (Time of Delivery of the Goods) and 8.3 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 8.1 7.1 (Provision of the GoodsGoods and/or Services), 8.2 9.1 (Time of Delivery of the Goods) and 8.3 9.2 (Location and Manner of Delivery of the Goods) and meet the relevant Milestone Date (if any) to be a material Default.

Appears in 2 contracts

Samples: Call Off Contract, Call Off Contract

Undelivered Goods. In the event that not all of the Goods are Delivered in accordance with Clauses 8.1 7.1 (Provision of the GoodsGoods and Services), 8.2 9.1 (Time of Delivery of the Goods) and 8.3 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 8.1 7.1 (Provision of the GoodsGoods and Services), 8.2 9.1 (Time of Delivery of the Goods) and 8.3 9.3 (Location and Manner of Delivery of the Goods) and meet the relevant Milestone Date (if any) to be a material Default.

Appears in 1 contract

Samples: Call Off Contract

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Undelivered Goods. 9.4.1 In the event that not all of the Goods are Delivered in accordance with Clauses 8.1 7.1 (Provision of the GoodsGoods and/or Services), 8.2 (Time of Delivery of the Goods) and 8.3 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. . 9.4.2 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 7.1 (Provision of the GoodsGoods and/or Services), 8.2 . (Time of Delivery of the Goods) and 8.3 9.3 (Location and Manner of Delivery of the Goods) and meet the relevant Milestone Date (if any) to be a material Default.

Appears in 1 contract

Samples: Contract Order Form and Contract Terms for Goods and/or Services (Non Ict)

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