Common use of D elivery Clause in Contracts

D elivery. (a) The Goods will be delivered within a reasonable time after the receipt of Buyer's purchase order. Seller shall not be liable for any delays, loss, or damage in transit. (b) Unless otherwise agreed in writing by the Parties, Seller shall deliver the Goods to Seller’s Location (as defined herein below) (the "Delivery Point") using Seller's standard methods for packaging such Goods. Buyer shall be responsible to arrange any necessary freight carrier transportation at Seller’s Location. If the Delivery Point is other than Seller’s Location, Buyer shall be responsible for all unloading costs and provide equipment and labor reasonably suited for receipt of the Goods at the Delivery Point. (c) Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer's purchase order. (d) If for any reason Seller is unable to deliver the Goods at the Delivery Point because Buyer has not provided appropriate freight carrier transportation instructions, documents, licenses or authorizations: (i) the Goods shall be deemed to have been delivered; and (ii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

Appears in 1 contract

Sources: Terms and Conditions Agreement

D elivery. (a) The Goods will be delivered within a reasonable time after the receipt of Buyer's ▇▇▇▇▇’s purchase order, subject to availability of finished Good. Seller shall not be liable for any delays, loss, loss or damage in transit. (b) Unless otherwise agreed in writing by the Partiesparties, Seller shall deliver the Goods to SellerBuyer’s Location (as defined herein below) designated location (the "Delivery Point") using Seller's ’s standard methods for packaging and shipping such Goods. Buyer shall be responsible take delivery of the Goods upon delivery to arrange any necessary freight carrier transportation at Seller’s Location. If the Delivery Point is other than Seller’s Location, Point. Buyer shall be responsible for all unloading costs and provide equipment and labor reasonably suited for receipt of the Goods at the Delivery Point. (c) Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer's ’s purchase order. (d) If for any reason Buyer fails to accept delivery of any of the Goods upon delivery to the Delivery Point, or if Seller is unable to deliver the Goods at the Delivery Point because Buyer has not provided appropriate freight carrier transportation instructions, documents, licenses or authorizations: (i) risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and (iiiii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance).

Appears in 1 contract

Sources: General Terms and Conditions of Sale