DELIVERIES Clausole campione
DELIVERIES. 6.1. Delivery is usually understood as ex-works (EXW) at the Vendor’s premise.
6.2. Specifically, delivery may be said to have taken place, to all intents and pur- poses, with the sending of notice (which may simply take the form of an invoice) either to the effect that merchandise is available for testing (where applicable) or for collection by the Buyer, or to the effect that it has been handed over to the freight company.
6.3. Once notice has been received that the goods are ready, the Buyer must swiftly indicate the name of the freight company, when appointed by the same, which will collect the goods. The Buyer must also arrange insurance cover for transportation.
6.4. In case of the late collection of merchandise made ready by the Vendor for any reason whatsoever not attributable to lack of goodwill on the part of the Vendor, once eight days have elapsed from the time notification was given that the goods were ready for collection, they shall be considered delivered, with the following consequences:
a) the Vendor shall be entitled to issue the relative invoice and claim fulfilment of the terms of payment established;
b) the Vendor may package, transport or store the material at the Buyer’s expense, without prejudice to its right to claimfor any damage suffered, including the costs for warehousing, keeping and storage of the goods.
DELIVERIES. 4.1. The delivery of the Products must be made on the Date indicated in the order and will always be intended, unless otherwise agreed in the Order, as a Return cleared through customs at the Portogruaro factory.
4.2. Before making the delivery, the Seller must advance the Transport Document to the Buyer's Purchasing Department and have the delivery authorization issued. Unauthorized deliveries, even if made by express courier, will not be accepted.
4.3. The Delivery Date and the quality of the Products shall be considered an essential term. In the event of delay or misalignment, reference is made to the General Supply Quality Specifications.
4.4. The products will be considered taken over by the Purchaser only when a duly authorized representative of the Purchaser has signed the relevant Delivery Note (Delivery), subject to verification of the points expressed in 4.4.
4.5. At the time of delivery, the buyer will verify the quality conditions of materials and packaging, the number of packages, the quantity and identity of the Products delivered.
4.6. Materials in quantities that differ from those indicated in the order will not be accepted. In case of non-conforming quantities:
4.6.1. more than what is stated in 🡪 the order, the goods will not be unloaded from the vehicle and will be returned to the sender.
4.6.2. in default of what is stated in the order 🡪 the goods will be unloaded and an NC will be issued, charging the Seller for any costs related to non-deliveries to our customers.
DELIVERIES. The agreed delivery terms must be considered indicative, therefore Domino srl is not required to pay compensation for any direct or indirect damage due to delays in deliveries, suspension or cancellation of the shipment if independent of its will or caused by force majeure.
DELIVERIES. 5.1. Except where there is a different written agreement, the delivery of the Products and their shipment to Italy and abroad shall occur according to Ex-Works delivery. This formula, as also in the shipment formulae that may be alternatively be agreed in writing, shall make reference to the “Incoterms” of the International Chamber of Commerce of Paris, in the edition in force at the time of the sale.
5.2. The carrier assigned to transport the goods shall be indicated by the Buyer.
5.3. In all events, from the moment the Products are delivered by the Seller to the Carrier and/or Shipper, they travel at the Buyer’s risk and danger. All responsibility of Coem S.p.A. ceases upon delivery to the Carrier, towards which the Placer of the Order, having carried out appropriate checks, shall make any claims.
DELIVERIES. Deliveries shall be at the Seller’s factory in Sassuolo. The goods always travel at the buyer’s risk and peril, even if delivered carriage free. The buyer shall therefore also be responsible for the risk of any breakage and/or tampering or wear and tear. The products are delivered “Ex works Seller”; this term, like any other alternative delivery term that may be agreed, refers to the “Incoterms” set out by the International Chamber of Commerce, in the version in force at the time of the sale. If the Seller and buyer agree that the delivery shall be “F.O.B. Italian port”, it is understood that the Seller shall choose the ship and the Italian port of departure on behalf of the buyer. The Seller shall not take back any goods ordered by mistake or in excess by the buyer or that the buyer has in stock. Sizes, weights and characteristics stated in the Seller’s price lists are understood to be indicative.
DELIVERIES. 6.1. OMB will do its best to deliver the Products within the terms agreed with the Customer. Delivery terms, in any case, are not essential, unless otherwise agreed in writing.
DELIVERIES. 1. Coveme will do its best to deliver the Products within the time-frame agreed with the Customer. In any case, all delivery dates indicated in the Order Confirmation are merely non-binding estimates of delivery time and are not essential. Coveme will never be held liable in case of delays in delivery time.
2. Coveme will not be responsible for any delay, breakage, loss or damage that occurs after the Products have been delivered in good condition . In case of complaint related to loss or damage during transportation, the Customer is required to promptly register the complaints on the shipping documents. Coveme's liability for damages of any kind resulting from early, delayed or non-delivery, in whole or in part, is excluded.
DELIVERIES. 4.1. Unless otherwise specifically agreed in writing by COBO, COBO will deliver the Products Ex Works COBO’s premises (EXW INCOTERMS 2020 or further editions).
4.2. Unless otherwise agreed by the Parties in writing, carriage shall always take place at Customer’s care, cost, and risk. If requested by Customer and subject to prior written agreement by the Parties, COBO may arrange carriage of Products, always at Customer’s sole cost and risk. In such case, COBO shall choose the transportation means deemed appropriate, unless Customer has provided specific instructions. COBO’s liability will in no event exceed the amounts paid by the entrusted carrier.
4.3. All delivery terms are deemed as estimates, unless expressly confirmed in writing by COBO in a formal Order Acceptance or other instrument in which COBO sets out binding delivery dates. In no event article 1457 of the Italian civil code shall apply. COBO will use reasonable endeavors to provide reasonably accurate estimates of the delivery dates and to provide Customer with prompt updates on any changes in the same. Customer understands and agrees that the delivery dates may be subject to reasonable variations, without any right for Customer to claim damages or indemnification.
4.4. È consentita l’effettuazione di consegne parziali delle quantità ordinate dal Cliente, nonché di consegne anticipate rispetto alla data di consegna stimata previo preavviso da parte di COBO al cliente.
4.5. COBO non sarà responsabile per ritardi o mancate consegne ascrivibili a fatti di terzi o a circostanze fuori dal suo controllo, quali a titolo esemplificativo e non esaustivo: (a) rifiuto o indisponibilità del Cliente a ricevere i Prodotti o Servizi; (b) ritardi, mancanze o imprecisioni del Cliente nel comunicare dati e informazioni per la fabbricazione o per la consegna dei Prodotti o l’esecuzione dei Servizi; (c) difficoltà nell’approvvigionamento di materie prime o componenti; (d) riduzioni della capacità produttiva dei fornitori di COBO; (e) cause di forza maggiore (come definite nella clausola 9.4), scioperi, provvedimenti delle autorità competenti, ecc.; (f) ritardi da parte di uno o più vettori.
4.6. Fermo restando quanto previsto in materia di Diritti di Proprietà Industriale, il trasferimento della proprietà (e del rischio) dei Prodotti e di altri materiali forniti da COBO al Cliente avverrà contestualmente alla consegna.
4.7. Il Cliente s’impegna ad eseguire, al momento della consegna, una verifica di conformità de...
DELIVERIES. Unless specified differently in the order, the delivery of the material shall take place ex- Buyer’s works. In the case of consignment free destination the quantity and the weight recognised are those found on arrival at the Buyer’s works. The risks for the goods are transferred to the Buyer at the moment they are received in his works. The delivery terms are understood to be essential. No advance or delayed delivery terms are permitted compared to these terms, without prior written authorisation from the Buyer. The Buyer will have the faculty of reprogramming the deliveries on condition he gives the Supplier notice of no less than 1 day with respect to the originally agreed dates. In the case in which the Supplier does not deliver the ordered material at the agreed dates, he must pay a penalty established at the amount of …% for each day of delay on the order value the delay refers to. The penalty determined in this way will be automatically subtracted from the amount of the first due invoice. If the delay extends for more than 2 days with respect to the agreed date, the Buyer can cancel the order the delay refers to, fully or in part, as well as the remedy mentioned here above, without this affecting the right to compensation for any greater damage suffered.
DELIVERIES. Delivery terms are indicative and not obligatory. Consequently, the supplier will not be liable for direct and/or indirect damage through delivery delays caused by the Client and/or third parties. This clause also applies to staggered deliveries or supplies over a period of time.
