Delivery of Goods. 2.1 All Goods are supplied Ex Works (Incoterms 2020) Supplier’s premises unless specifically agreed to the contrary in any Order. Any dates quoted for delivery are approximate only and the time of delivery is not of the essence.
2.2 If Goods are ready for delivery and Purchaser fails to take delivery on the date required by the Contract, or after seven (7) days’ written notice from Supplier where no such date is specified, Supplier shall be entitled to: (a) issue an invoice for such Goods; and (b) charge Purchaser for all additional costs and expenses (including, without limitation, warehousing and insurance) until delivery takes place.
2.3 If Purchaser fails to take delivery within thirty (30) days of the date of invoice it shall be deemed to have waived its rights under the Contract, and without prejudice to any other right that Supplier may have against Purchaser, including the right to recover the purchase price in full, Supplier shall be entitled to resell the Goods.
2.4 Any right of Purchaser to reject the Goods and/or terminate the Contract for late delivery of the Goods shall not be exercisable unless Purchaser has first served written notice on Supplier requiring Supplier to complete delivery of the Goods within not less than thirty (30) days of service of that notice on Supplier in accordance with Section 14. Supplier shall not be liable for any delay in delivery of the Goods caused by Purchaser's action or inaction including, without limitation, failure to provide Supplier with adequate delivery instructions or any other information, applicable to the supply of the Goods. If Supplier fails to deliver, or is late in delivering the Goods, Supplier’s liability shall be limited to the price of the Goods.
2.5 Purchaser shall promptly inspect all delivered Goods and shall notify Supplier in writing of any issues regarding the Goods delivered, including, without limitation, as to quantity, type and quality, within ten
Delivery of Goods. The Contractor shall hand over or make available the Goods, and UNDP shall receive the Goods, at the place for the delivery of the Goods and within the time for delivery of the Goods specified in the Contract. The Contractor shall provide to UNDP such shipment documentation (including, without limitation, bills of lading, airway bills, and commercial invoices) as are specified in the Contract or, otherwise, as are customarily utilized in the trade. All manuals, instructions, displays and any other information relevant to the Goods shall be in the English language unless otherwise specified in the Contract. Unless otherwise stated in the Contract (including, but not limited to, in any “INCOTERM” or similar trade term), the entire risk of loss,
Delivery of Goods. 4.1 The Supplier shall ensure that:
(a) the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; and
(b) all Goods are delivered in accordance with all relevant legal requirements, including but not limited to legal requirements regarding packaging, labelling the Goods, shipping of the documents, and, where specified, any requirements set out in the Vaillant Group’s Supplier Logistics Handbook.
4.2 The Supplier shall deliver the Goods:
(a) on the date specified in the Order or, if no such date is specified, then within ten (10) Business Days of the date of the Order;
(b) to the Customer’s premises at Nottingham Road, Belper, DE56 1JT or such other location as is set out in the Order or as instructed by the Customer before delivery (Delivery Location); and
(c) during the Customer’s normal hours of business on a Business Day, or as instructed by the Customer.
4.3 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location.
4.4 If the Supplier:
(a) delivers less than ninety-five per cent (95%) of the quantity of Goods ordered, the Customer may reject the Goods; or
(b) delivers more than one hundred and five per cent (105%) of the quantity of Goods ordered, the Customer may at its sole discretion reject the Goods or the excess Goods, and any rejected Goods shall be returnable at the Supplier’s risk and expense. If the Supplier delivers more or less than the quantity of Goods ordered, and the Customer accepts the delivery, the Supplier shall make a pro rata adjustment to the invoice for the Goods.
4.5 The Supplier shall not deliver the Goods in instalments without the Customer’s prior written consent. Where it is agreed that the Goods are delivered by instalments, they may be invoiced and paid for separately. However, failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle the Customer to the remedies set out in Clause 7.1.
4.6 Title and risk in the Goods shall pass to the Customer on completion of delivery save that title to the Tooling shall pass to the Customer on completion of their manufacture and the Supplier shall hold all Tooling on trust for the Customer and shall have a licence to use the Tooling for the purposes of producing the Goods for the Customer only, and shall deliver up to the Customer (at the Supplier’s cost) all or any Tooling at the request of the Customer and, in the...
Delivery of Goods. 5.1 The Goods shall be delivered to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after Fine Iron notifies the Customer that the Goods are ready.
5.2 Delivery of the Goods shall be completed on the completion of unloading of the Goods at the Delivery Location.
5.3 Any dates quoted for delivery of the Goods are approximate only, and the time of delivery is not of the essence. Fine Iron shall not be liable for any delay or failure in delivery of the Goods that is caused by a Force Majeure Event or the Customer's failure to provide Fine Iron with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods.
5.4 If Fine Iron fails to deliver the Goods, its liability shall be limited to the price of the Goods.
5.5 If the Customer fails to take delivery of the Goods at the Delivery Location, then except where such failure or delay is caused by a Force Majeure Event or by Fine Iron's failure to comply with its obligations under the Contract in respect of the Goods:
(a) delivery of the Goods shall be deemed to have been completed at 9.00 am on the third Business Day following the day on which Fine Iron notified the Customer that the Goods were ready and accordingly any sum due on delivery shall become payable; and
(b) Fine Iron shall store the Goods until delivery takes place, and reserves the right to charge to the Customer for all related costs and expenses (including insurance) for storage and re-‐delivery.
5.6 Without prejudice to the warranty at clause 6 below, the Customer shall have 7 days within which to inspect the Goods and notify Fine Iron of any shortages, defects and damaged parts (excluding transit damage, dealt with at 5.7).
5.7 The Customer must check the Goods prior to the delivery driver leaving the Delivery Location. The Customer must advise Fine Iron immediately and before accepting the Goods should there be any damage due to transit.
Delivery of Goods. The Contractor shall hand over or make available the goods, and UNRWA shall receive the goods, at the place for the delivery of the goods and within the time for delivery of the goods specified in the Contract. The Contractor shall provide to UNRWA such shipment documentation (including, without limitation, bills of lading, airway bills, and commercial invoices) as are specified in the Contract or, otherwise, as are customarily utilized in the trade. All manuals, instructions, displays and any other information relevant to the goods shall be in the English language unless otherwise specified in the Contract. Unless otherwise stated in the Contract (including, but not limited to, in any “INCOTERM” or similar trade term), the entire risk of loss, damage to, or destruction of the goods shall be borne exclusively by the Contractor until physical delivery of the goods to UNRWA in accordance with the terms of the Contract. Delivery of the goods shall not be deemed in itself as constituting acceptance of the goods by UNRWA.
Delivery of Goods. 4.1 The Supplier shall ensure that:
(a) Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition;
(b) each delivery of Goods is accompanied by a delivery note which shows the date of the Order, the Order number (if any), the type and quantity of Goods (including the code number of the Goods, where applicable), special storage instructions (if any) and, if the Goods are being delivered in instalments, the outstanding balance of Goods remaining to be delivered; and
(c) it states clearly on the delivery note any requirement for Ornua to return any packaging material for the Goods to the Supplier. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier.
4.2 The Supplier shall deliver the Goods:
(a) to the location set out in the Order or such other location as the parties may agree which may include delivery to a carrier (Delivery Location); and
(b) on the date specified in the Order or, if no such date is specified, on a date agreed with Ornua in advance (Delivery Date). Delivery shall be on a Business Day during normal business hours, unless agreed otherwise with Ornua or otherwise instructed by Ornua.
4.3 Delivery of Goods shall be completed when the Supplier unloads and stacks the Goods at the Delivery Location, unless different delivery terms (or Incoterms®) are specified in the Order.
4.4 Ornua operates a “Just-in-Time” delivery system. Time shall be of the essence in relation to the Delivery Date and any agreed delivery time. If the Goods are not delivered on time by the Supplier, clause 6.1 shall apply.
4.5 If the Supplier delivers more that the quantity of Goods ordered, Ornua shall not be bound to pay for the excess and any excess shall be and shall remain at the Supplier’s risk and shall be returnable at the Supplier’s expense.
4.6 The Supplier shall not deliver Goods in instalments without Ornua's prior written consent. Where it is agreed that Goods are to be delivered in instalments, they may be invoiced and paid for separately. Failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle Ornua to the remedies set out in clause 6.1.
4.7 Title and risk in the Goods shall pass to Ornua on completion of delivery.
Delivery of Goods. The Buyer shall with due care make a customary inspection of the Goods upon delivery and notify the Seller in writing of any defects or shortcomings immediately and in no case later than five (5) business days after the delivery of the Goods. The notice shall contain a description of how the defect manifests itself. If the Buyer fails to notify the Seller of defects or shortcomings, which should reasonably have been discovered through customary inspection, in writing and within the above time limits, it loses its right to make any claim towards the Seller in respect of the defects or shortcomings.
Delivery of Goods. All Goods shall be delivered Delivery Duty Paid (“DDP”), Eindhoven, NL (Incoterms 2010) at the agreed delivery time. Time is of the essence in relation to Supplier’s obligations to deliver the Goods and Services on the agreed delivery time, or within the agreed delivery period. 1) Delivery shall not constitute acceptance of the Goods by Sioux.
Delivery of Goods. Vendor hereby agrees to on-time delivery based upon the timeline set forth in the Agreement. If the Agreement does not specify a delivery date (the “Delivery Date”) or timeline, Vendor shall provide the Goods as if time is of the essence. Changes, modifications or any delay resulting from FIU that prevents Vendor from achieving the Delivery Date shall not constitute a breach of the Agreement by Vendor. If Vendor anticipates a delay in the delivery of the Goods, Vendor shall immediately notify FIU. In the event that Vendor fails to deliver the Goods by the Delivery Date not due to the fault of FIU, or Vendor fails to deliver conforming Goods, FIU may purchase substitute Goods elsewhere and charge Vendor for any additional expense incurred relating to the purchase of such substitute Goods. Vendor shall deliver all Goods in accordance with the terms of the Agreement. If delivery of the Goods is not complete by the Delivery Date, FIU may, without liability, and in addition to its other rights and remedies, terminate the Agreement, by notice effective when received by Vendor, as to Goods not yet delivered or rendered. Acceptance (as defined below) of any part shall not bind FIU to Accept any future shipments nor deprive it of the right to return Goods already Accepted.
Delivery of Goods. (GOODS ONLY)
5.1 The Supplier must deliver the Goods on or before the Delivery Date.
5.2 Unless otherwise specified in this agreement, “delivery” occurs as soon as the Goods are:
5.2.1 off-loaded at the delivery address specified in the Purchase Order; and
5.2.2 inspected by the Council and accepted as being in accordance with this agreement.
5.3 Title to and property in the Goods passes to the Council on delivery of the Goods.
5.4 Risk in the Goods passes on delivery of the Goods.
5.5 No liability to pay for any Goods arises until delivery.
