Common use of Delivery and Packaging Clause in Contracts

Delivery and Packaging. 3.1 Delivery of the Materials shall be at the time and date and in the manner specified by Fera or as otherwise agreed with the Customer. 3.2 Time of delivery shall not be of the essence. Stated delivery times are an estimate only and, subject to the other provisions of the Agreement, Fera will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Material nor will any delay entitle the Customer to terminate or rescind the Agreement. 3.3 If the Customer; refuses or fails to take delivery of the Material within the Customer's normal working hours on the date of delivery, or if Fera is unable to deliver the Material on time because the Customer has not provided appropriate instructions, documents, licences or authorisations, Fera may store the Material and the Customer shall in addition to the price payable pay all related costs and expenses (including without limitation, the costs for storage and insurance) and additional delivery costs incurred by Fera and if the Customer fails to take delivery of or to collect the Material (as appropriate) after fourteen (14) days following the date of delivery, Fera may rescind the Agreement and sell the Material to a third party if possible or recover damages. 3.4 Fera shall use its reasonable endeavours to comply with the reasonable requests made by the Customer to postpone delivery of the Material but shall be under no obligation to do so. 3.5 If Material are delivered in instalments, each delivery shall constitute a separate Agreement. Any failure by Fera to deliver or any claim by the Customer in respect of any one or more of the instalments in accordance with this Agreement shall not entitle the Customer to treat the Agreement as a whole as repudiated. 3.6 Fera reserve the right to change the batch of the Material at any time and Material may be delivered which originate from one or more different batches. 3.7 Fera reserves the right, at its sole option, to cancel or withhold the delivery of any Material, (whether in whole or in part): 3.7.1 until receipt of satisfactory credit reference in respect of any Customer; and/or 3.7.2 where the supply of such Material would exceed any credit limit which Fera may, in its absolute discretion, have granted to the Customer; or 3.7.3 the Customer is in breach of any of the terms of the Agreement. 3.8 Packaging supplied by Fera, unless otherwise expressly agreed in writing, is intended to provide adequate protection in normal conditions of transit of expected duration. 3.9 Due to the nature of the Material to be supplied, the Customer shall be responsible for ensuring the Material are kept in adequate storage conditions once delivered in accordance with this clause, including but not limited to protecting the Material against the effects of humidity and temperature.

Delivery and Packaging. 3.1 Delivery of the Materials shall be at the time and date and in the manner specified by Fera or as otherwise agreed with the Customer. 3.2 Time of delivery shall not be of the essence. Stated delivery times are an estimate only and, subject to the other provisions of the Agreement, Fera will not be liable for any loss (including loss of profit), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of the Material nor will any delay entitle the Customer to terminate or rescind the Agreement. 3.3 If the Customer; refuses or fails to take delivery of the Material within the Customer's normal working hours on the date of delivery, or if Fera is unable to deliver the Material on time because the Customer has not provided appropriate instructions, documents, licences or authorisations, Fera may store the Material and the Customer shall in addition to the price payable pay all related costs and expenses (including without limitation, the costs for storage and insurance) and additional delivery costs incurred by Fera and if the Customer fails to take delivery of or to collect the Material (as appropriate) after fourteen (14) days following the date of delivery, Fera may rescind the Agreement and sell the Material to a third party if possible or recover damages. 3.4 Fera shall use its reasonable endeavours to comply with the reasonable requests made by the Customer to postpone delivery of the Material but shall be under no obligation to do so. 3.5 If Material are delivered in instalments, each delivery shall constitute a separate Agreement. Any failure by Fera to deliver or any claim by the Customer in respect of any one or more of the instalments in accordance with this Agreement shall not entitle the Customer to treat the Agreement as a whole as repudiated. 3.6 Fera reserve the right to change the batch of the Material at any time and Material may be delivered which originate from one or more different batches. 3.7 Fera reserves the right, at its sole option, to cancel or withhold the delivery of any Material, (whether in whole or in part): 3.7.1 until receipt of satisfactory credit reference in respect of any Customer; and/or 3.7.2 where the supply of such Material would exceed any credit limit which Fera may, in its absolute discretion, have granted to the Customer; or 3.7.3 the Customer is in breach of any of the terms of the Agreement. 3.8 Packaging supplied by Fera▇▇▇▇, unless otherwise expressly agreed in writing, is intended to provide adequate protection in normal conditions of transit of expected duration. 3.9 Due to the nature of the Material to be supplied, the Customer shall be responsible for ensuring the Material are kept in adequate storage conditions once delivered in accordance with this clause, including but not limited to protecting the Material against the effects of humidity and temperature.