DELIVERY AND QUANTITY Clause Samples
The DELIVERY AND QUANTITY clause defines the seller's obligations regarding when, where, and in what amounts goods or services must be provided to the buyer. It typically specifies delivery schedules, locations, and the exact quantities to be supplied, and may address issues such as partial deliveries or procedures for handling shortages or overages. This clause ensures both parties have clear expectations about fulfillment, reducing the risk of disputes over missed deadlines or incorrect quantities.
DELIVERY AND QUANTITY. 5.1 The Goods shall be delivered in accordance with Incoterms DDP at the place and time specified in the Purchase Order or to such other place of delivery as is agreed by the Buyer in writing prior to delivery of the Goods. In addition the Seller shall off- load the Goods at its own risk as directed by the Buyer. Unless otherwise stipulated by the Buyer in the Purchase Order, deliveries shall only be accepted by the Buyer in normal business hours.
5.2 The Seller shall deliver the quantity specified in the Purchase Order. All Goods supplied on a price for weight basis shall be delivered over the Buyer’s weighbridge. The net weight so recorded shall be the weight for the Contract.
5.3 The Goods shall be packaged by the Seller so as to ensure that they will be in good condition upon arrival at their destination. If the Seller requires the Buyer to return any packaging material to the Seller that fact must be clearly stated on any delivery note delivered to the Buyer and any such packaging material shall only be returned to the Seller at the cost of the Seller. Such material shall be marked with the Seller's name and address.
5.4 Where the Buyer agrees in writing to accept delivery by instalments the Contract shall be construed as a single contract in respect of each instalment. Failure by the Seller to deliver any one instalment shall entitle the Buyer at its option to treat the whole Contract as repudiated.
5.5 If the Goods are delivered to the Buyer in excess of the quantities ordered the Buyer shall not be bound to pay for the excess and any excess shall be and shall remain at the Seller's risk and shall be available for collection at the Seller's expense within 3 months. Thereafter the Buyer may dispose of such excess Goods at the Seller’s expense.
DELIVERY AND QUANTITY. Any time of delivery stated by ▇▇▇▇▇▇ is estimated and thereby not binding on ▇▇▇▇▇▇, unless a fixed time of delivery has been expressly agreed for the whole supply or part elements of the supply. If it has been agreed that ▇▇▇▇▇▇ shall forward the materials from the place of delivery (cf. below), the Customer must meet the expenses in question, unless otherwise provided by the parties’ written agreement. The delivery takes place at the Customer’s risk. In this case, the Customer is responsible for ensuring that the agreed unloading place is immediately accessible (passable road) and that unloading can take place immediately and without need for extra personnel or material. If the delivery cannot be carried out due to the Customer’s situation, the supply remains at ▇▇▇▇▇▇’▇ warehouse at the Customer’s own account and risk. ▇▇▇▇▇▇ is entitled to collect warehouse rent, costs etc. Delivery: Ex warehouse ▇▇▇▇▇▇ – unless otherwise provided by the parties´ written agreement. Delivery direct from ▇▇▇▇▇▇ supplier or warehouse Delivery: Ex supplier or the stated foreign warehouse - unless otherwise provided by the parties´ written agreement.
DELIVERY AND QUANTITY. 5.1. In the absence of any agreement to the contrary the Goods shall be delivered by the Seller, duty paid (DDP in accordance with INCOTERMS 2010) to the address stated by the Buyer in the Order, on the stipulated date and time, at the expense of the Seller and for the purposes of verification in quality and quantity of the conformity of the products to the Order. Deliveries in instalments will only be accepted with the Buyer’s prior written consent.
5.2. The Buyer shall have the right to refuse the products not complying with the Order and will notify this refusal in writing. Seller shall return at its expense the products rejected within a maximum of five
DELIVERY AND QUANTITY. All products shall be cleaned and packaged in accordance with Seller’s customary standards, and shall be shipped to Buyer in a timely fashion. If Buyer requires specific dates of shipment, such dates shall be set forth in this Agreement or otherwise in writing, signed by Seller and Buyer. If Buyer requires special cleaning, packaging or shipping, additional charges will apply. If Seller has cause to believe that the product or any part thereof cannot be delivered in a timely fashion, it shall promptly notify Buyer accordingly and no adjustment shall be made to the purchase price. All quantities are subject to an over-run or under-run of ten percent (10%) of the quantity ordered. Orders requiring exact quantity shipments will incur an additional surcharge. In the event the entire quantity of product is not released by Buyer for shipment within twelve months of the date of the order, the entire order shall be shipped to Buyer, unless otherwise agreed in writing by Seller.
DELIVERY AND QUANTITY. 2.1. Time is of the essence for delivery and all other obligations arising herein. “Delivery Date” shall mean the date the Purchase Order item is required to arrive at Buyer’s nominated facility.