Delivery dates. Contractual penalties Sample Clauses
Delivery dates. Contractual penalties. 1. The Buyer undertakes to collect the ordered goods at the agreed place of delivery and on the agreed date of delivery; if, however, the Buyer is, according to the respective confirmed order, obliged to collect the ordered goods from Seller’s warehouse, the Buyer undertakes to do so within 7 days from the date of performance that is specified in the confirmed order. In case of Buyer’s failure to fulfil this obligation the Seller shall be entitled to deliver the goods to the place determined by the Buyer at Buyer’s expense and risk. If the Buyer does not determinate the place of delivery of the goods or if the Buyer does not collect the goods, the Seller shall be entitled to invoice to the Buyer a penalty of CZK 100 for each pallet and each day of delay with the collection of goods. The goods shall be stored at Buyer’s risk.
2. The Seller reserves the right to deliver in parts. If necessary, the Seller has the right to deliver the goods in a volume deviating up to 10 % from the volume that follows from the confirmed order.
3. The Seller shall not be liable for delay with delivery which he did not cause, in particular he shall not be liable for delay with transportation of the goods. The Buyer shall inform the Seller in writing about claims arising from the delay with delivery, if any, within 14 days from the moment after the delivery should have taken place under the contract (confirmed order). If the Buyer does not assert the claims in writing in this period, it shall apply that he waives them unconditionally.
4. The Buyer shall be entitled not to collect the ordered goods or to cancel the sent order solely with Seller’s written consent, while the failure to meet the written form results into invalidity of the consent. The Seller shall not be obliged to consent to the cancellation of the order. The Seller shall be entitled to make his consent to the cancellation of the order subject to the reimbursement of costs spent on his part in connection with the cancelled order.
5. The Seller reserves the right to change the agreed delivery dates and conditions or to cancel the order, even after the order has been confirmed by the Buyer, in particular if a force majeure event or another circumstance occurs which is beyond Seller’s sphere of influence, without the Seller being obliged to reimburse the Buyer for any costs or other damage in that connection.
Delivery dates. Contractual penalties. 1. The Buyer is obliged to collect the ordered goods from the Seller’s warehouse at latest of the given Accounting Period the Seller does not sell goods and/or services for benefit of the Buyer.
6. The Seller shall issue the VAT invoice including the price for sale and/or delivery of goods performed in the given Accounting Period or accounting subperiod, within 7 days from the day the specific Accounting Periods or accounting subperiod ends. Unless otherwise agreed by the Parties, the Seller is also entitled to issue the VAT invoice before the consent of Seller. Buyer shall have no right to withhold or reduce any payments or to offset existing and future claims against any payments due for goods sold under the GTCS or under any other contract that Buyer may have with Seller or any of its affiliates may have and agrees to pay the amounts hereunder regardless of any claimed offset which may be asserted by Buyer or on its behalf. within 7 days from the date of “shipment list”. Failure to collect the goods shall authorise