DELIVERY. 5.1 Unless there is agreement to the contrary, the supplies shall be deemed to be goods supplied ex works, without packing.
5.2 With handover of the equipment to the Customer or carrier the Supplier shall be released from the obligation to deliver and all risks on the equipment itself shall pass to the Customer even in the event where the Supplier is responsible for the despatch or assembly for working.
5.3 The delivery deadlines shall be regarded as an indication and shall be reckoned in working days.
DELIVERY. 3.1 The delivery of the Products shall be made by MUNTERS ITALY S.P.A. to the Seller’s site in accordance with Incoterms of the International Chamber of Commerce, as in force at the date of the execution of the Agreement within the delivery time specified in the Agreement.
3.2 The transfer of the risks to the Purchaser shall take place in accordance with the Incoterms provisions. For the sake of clarity, the Seller, shall not be liable under any circumstances for any deterioration or damage to the goods which occurred after the transfer of the risks and the Purchaser shall not be released from the obligation to pay the Consideration under any circumstances if the deterioration or the destruction of the Products occurs subsequent to the transfer of the risk.
3.3 Any delivery terms of the Products, specified by MUNTERS ITALY S.P.A., shall be deemed as merely indicative and not binding, and subject to change due to problems or, in any event, delays of any kind in the delivery of the Products by MUNTERS ITALY S.P.A.. The Seller shall not be liable to the Purchaser for late delivery for any reason.
3.4 The Purchaser shall communicate to the Seller, with a prior notice period of 10 (ten) working days from the delivery date, any and all necessary specifications for the delivery of the Products (such as, by way of example and without limitation, the general consegna i Prodotti e l’orario di consegna).
3.5 Su richiesta scritta del Compratore, il Venditore potrà decidere di provvedere, a spese del Compratore, alla spedizione dei Prodotti dallo stabilimento di cui al paragrafo 3.1 al luogo indicato dal Compratore nella menzionata richiesta. In tal caso, il Venditore provvederà a stipulare, a spese del Compratore, apposita polizza assicurativa per i danni che dovessero eventualmente derivare ai Prodotti durante il trasporto dei medesimi ai sensi del presente paragrafo. Ai soli fini di chiarezza, in caso di consegna dei prodotti ai sensi del presente paragrafo il passaggio di rischi al compratore avverrà comunque ai sensi dei precedenti paragrafi 3.1 e 3.2.
3.6 Il Compratore è sempre tenuto a prendere in consegna i Prodotti, anche in caso di consegne parziali ed anche quando la merce venga consegnata prima o successivamente alla data di consegna stabilita nel Contratto (fermo restando che il Venditore dovrà aver comunicato al Compratore la nuova data di consegna con un preavviso di 5 (cinque) giorni lavorativi). Qualora il Compratore non abbia tempestivamente preso in ...
DELIVERY. Place of delivery
DELIVERY. 4.1 Products are supplied EX WORKS Giussano (MB), Italia Incoterms® 2010 (Seller ex works).
4.2 The delivery term will be the term provided in the Special Conditions. It is understood that this delivery term must be considered approximate in favor of the Seller and in any case with the application of a reasonable tolerance; any delay in delivery with respect to this deadline will not cause the Seller to be held liable, except in cases where said delay is attributable to wilful misconduct or gross negligence by the Seller. In case of deliveries by instalments, in no case will the delay or failure of one or more deliveries entail the Purchaser's right to terminate the Contract in relation to deliveries already performed or any future ones.
4.3 The transport and delivery of the Products to the Purchaser will take place at the expense and risk of the latter, in accordance with the applicable delivery terms referred to in art. 4.1. The Products are not insured by the Seller.
4.4 The risk of Products damage or loss during transport shall be borne by the Purchaser. Therefore, the Seller will be liable for any event suitable to damage the Products after the delivery time.
4.5 The Purchaser guarantees that the Products can be freely imported into the country/place of delivery and/or destination and formally undertakes to pay them in full, even if at the time of import into the country/place of destination there is prohibition or limitation to import these Products.
4.6 The Purchaser shall always accept the delivery of Products, even in case of partial deliveries.
4.7 If the Purchaser does not promptly accept delivery of the Products - for reasons not attributable to the Seller – the former shall bear all costs and risks that may arise and any sum due for any reason to the Seller will become immediately collectable by the latter.
4.8 The delivery period will be extended by a period equal to the duration of the impediment, upon the occurrence of any hindrance in respect of which neither Seller nor Purchaser is liable, such in case of events of force majeure as illustrated below. In case of delay or partial fulfillment of the deliveries of the Products, the Purchaser will not be entitled to refuse the delivery.
4.9 In case of delay in accepting delivery or late payment by the Purchaser to the Seller, this latter has the right to charge the Purchaser for storage costs of the Products already manufactured and ready for transport and delivery, to the extent determined in...
DELIVERY. 6.1 Delivery shall be effected as agreed in the contract. Delivery dates and delivery periods agreed in the contract are only binding if they have been agreed as binding and Buyer has provided Seller in a timely manner with all of the information or documentation required for the performance documentazione richieste per l'esecuzione di tale consegna e l'Acquirente ha effettuato dei pagamenti anticipati secondo le modalità e gli importi convenuti dalle parti. I periodi di consegna convenuti dalle parti inizieranno alla data di conferma dell'ordine. In caso di contratti aggiuntivi o integrativi stipulati a una data successiva, i periodi di consegna e le date di consegna saranno prorogati o riprogrammati di conseguenza, come applicabile.
6.2 Con riferimento alla Merce che il Venditore non produce in proprio, l'obbligo di consegna sarà soggetto al ricevimento corretto e puntuale di tale Merce dai suoi fornitori.
6.3 Se le consegne da parte del Venditore sono ritardate, l'Acquirente avrà la facoltà di risolvere il contratto soltanto se (i) il Venditore è responsabile del ritardo e (ii) è scaduto un ragionevole periodo di tolleranza fissato dall'Acquirente.
6.4 Se l'Acquirente è inadempiente riguardo all'accettazione della consegna oppure viola qualsiasi altro obbligo di collaborazione con il Venditore, il Venditore avrà il diritto, fatti salvi altri suoi diritti, (i) di immagazzinare in modo ragionevole la Merce a rischio e spese dell'Acquirente oppure (ii) di risolvere il contratto in conformità alle disposizioni statutarie.
6.5 Il Venditore può effettuare consegne parziali per un valido motivo se e nella misura in cui ciò sia ragionevole per l'Acquirente.
DELIVERY. 4.1. The delivery terms are those indicated in the order confirmation and usually expressed with indication of the week foreseen for the preparation of the goods.
4.2. Unless otherwise agreed between the parties, the delivery terms provided in the order confirmation are purely indicative and not essential for Inarca; any delays will therefore not give the right to the Customer to withdraw from the order and/or to compensation and/or reimbursement of any kind.
4.3. Furthermore, in the case of agreements for a continuous supply, each partial supply will be considered as a stand-alone order: if a partial supply cannot take place or takes place late, this will not entitle the Customer to withdraw from the relative order and/or to compensation and/or reimbursement of any kind, whatever the reason.
4.4. Any reference to commercial terms (Ex Works, FCA, FOB, CIF, and others) contained in the order confirmation, refers to the INCOTERMS of the International Chamber of Commerce, in text in force at the time of conclusion of the contract, except for the exceptions eventually agreed in writing between the parties in the same order confirmation.
4.5. The transport to destination in the place indicated by the Customer, and the transport insurance, such as to cover the value of the products, remain the responsibility of the Customer, unless otherwise specified in the order confirmation.
4.6. The packaging is intended for road transport in cartons; the use of any other packaging may only take place following an agreement with Inarca, it being understood that all additional costs relating to them will be borne by the Customer only. Unless otherwise agreed, Inarca will charge the Customer with the cost of any pallets used for delivery.
4.7. The delivery terms must be redefined by the parties in the following cases: • late payment by the Customer of what may have been due to Inarca as a down payment; • late notification to Inarca of any documentary credit agreed, in the terms referred to in the order confirmation; • changes to the supply agreed after the order confirmation; • timely and complete communication by the Customer of technical data and documents, where required to start production; • force majeure events.
4.8. Finally, in the case of collection of the products by the Customer, if it does not provide for the taking over within 30 (thirty) days from the “goods ready” communication, without prejudice to the passing on to the Customer of the risks of destruction, remo...
DELIVERY. 5.1 Unless otherwise agreed, the supplies are intended for merchandise delivered ex works, without packaging.
5.2 With the remittal of materials to the Purchaser or to the carrier, the Supplier is released from liability for the delivery. All risks for the material itself shall pass to the Purchaser, even in the event that the Supplier is responsible for the shipment or installation on site.
DELIVERY. The products are deliverable only to a delivery address, and billable only in Italy. The delivery is made and risk are transferred to the Customer by the physical delivery of the product to the Customer, or to any third party designated by the Customer, other than the transporter proposed by Nu Skin. Products are delivered to the delivery address indicated during the ordering process, no later than thirty (30) days after the contract is made.
DELIVERY. Deliveries are made ex-works. Speedybycasma will not be liable for any claim for replacement if the goods are received from the carrier without any reserve in writings. In the absence of any specific instructions from the purchaser, the goods will be shipped to their destination by a carrier selected by the seller. Freight, insurance, and any other expenses relative to shipment of the goods will added to the invoice. The risks relative to the goods are transferred to the client at the time of delivery of the goods to the carrier. Delivery dates are indicative, reflecting normal production conditions susceptible to variation during. production of the goods. The terms agreed in any case start from the date of the confirmation of order transmitted by Speedycasma Srl If any amount has to be paid as a deposit, the terms of delivery start from the time of receipt by the seller of the downpayment. Delays in delivery, whatever the cause, do not give any right to reimbursement of damages of any kind. If shipment is to be made by a carrier indicated by the buyer, the goods must be collected from within 15 days from the date of notice that the goods are ready. Failing this, Speedybycasma Srl may consider the contract cancelled, without any rights to reimbursement of the damages.
DELIVERY. 10.1. Delivery will be made in accordance with the Incoterms delivery terms agreed upon in the Contract. In any case, even by way of de- rogation from the agreed Incoterm, the parties hereby expressly acknowledge that for all legal purposes, the place of delivery must be under- stood as that where the Products are handed over to the first carrier at the Seller’s premises.
10.2. Delivery terms may be subject to cer- tain circumstances that may preclude, hinder or otherwise delay the normal production pro- cess and delivery of the Products. Such circum- stances will be promptly communicated by the Seller to the Purchaser, stating the reasons for the delay in delivery.
10.3. Any exceeding on the delivery terms, according to the circumstances indicated in Article 10.2, shall not constitute non-perfor- mance, unless expressly acknowledged in writing by the Seller. Except in case of fraud or gross negligence on the part of the Seller, any compensation for damages arising out of non-delivery or delayed delivery of the Pro- ducts is expressly excluded.
10.4. Delivery terms run from the day on which the Seller receives the Purchaser’s final approval of the printing proof (GMG/pdf), as per art. 7.4.
10.5. Delivery terms indicated in the order confirmation are always extended by at least the same amount of time as delays due to:
10.6. The Seller may perform the order partially or in different shipments. If the order is carried out only partially, the Products which have not been shipped will be included, as far as available, in the following shipment.
10.7. In the case of circumstances beyond the Seller’s control such as: natural cata- strophes, epidemic, pandemic measures taken by the authorities, shortage or excessive incre- ase of prices of components or of raw mate- rials, energy black-outs, shortage of energy or fuel, transportation difficulties, strikes, other interruptions, breakdown in public services, etc. (“Force Majeure”), the Seller will be entit- led to choose whether to extend, within reaso- nable terms, the deadlines set for delivery or to terminate the Contract without incurring in liabilities.
10.8. The Purchaser is obliged to collect all the Products under the agreed terms and no la- ter than 120 days.
10.9. Should the Purchaser not collect the Products within the agreed terms, the Seller will be entitled to invoice the Products to the Purchaser. The Seller will also be entitled to:
10.10. In all cases where the Products are manufactured specificall...