Despatch and Delivery Clause Samples
The 'Despatch and Delivery' clause defines the obligations and procedures for sending and receiving goods under a contract. It typically specifies when and how goods must be shipped, the point at which risk and ownership transfer to the buyer, and any requirements for delivery documentation or notification. For example, it may require the seller to deliver goods to a particular location by a certain date or to use a specified carrier. This clause ensures both parties are clear on their responsibilities regarding the timing, method, and conditions of delivery, thereby reducing the risk of disputes over late, incomplete, or improperly delivered goods.
Despatch and Delivery. Delivery of Goods shall be deemed to occur when the Goods are accepted in accordance with clause 13. The Goods, properly packed and secured in such a manner as to reach their destination in good condition, shall be delivered by the Seller at or despatched for delivery to the place or places and at the time or times and in the manner specified in the Order. Advice notes (which must show, inter alia, the Order number, the date of the Order, the number of packages and the contents) will be supplied with the Goods. If the Goods or any portion thereof are not delivered or the Services or any portion thereof are not performed within the time or times specified in the Order (or any extension of such time or times agreed to by the Buyer) the Buyer shall, without prejudice to its rights under clause 17.2, be entitled to terminate the Order so far as it relates to the Goods and/or Services undelivered as aforesaid and, further, so far as it relates to any other Goods already delivered or Services already performed which, in the opinion of the Buyer, cannot be exploited by reason of the non-delivery of the Goods and/or non-performance of the Services as aforesaid. On such termination the Buyer shall return to the Seller, at the Seller’s risk and expense, any of the Goods already delivered which cannot be exploited as aforesaid, subject to the Seller prior thereto refunding to the Buyer any monies paid by the Buyer in respect of such Goods and/or Services and compensating the Buyer for any additional expenditure incurred by the Buyer in obtaining alternative goods and/or services in replacement of those in respect of which the Order has been terminated, whether delivered or performed or not.
Despatch and Delivery. 7.1 Any time or date quoted by Seller for delivery of Goods or performance of Services is given and intended as an estimate only and subject to availability of stock or availability of labour. Seller shall not be liable in any circumstances for any loss or damage of any kind caused by a failure to deliver or perform within such time.
7.2 Unless otherwise agreed in writing, Seller is entitled to make deliveries by instalments or partial deliveries. Each instalment shall be construed as constituting a separate contract to which all the provisions of these Conditions shall (with any necessary alterations) apply.
7.3 Any delay in delivery or defect in an instalment shall not entitle Buyer to cancel any other instalment.
7.4 Buyer shall take delivery of the Goods promptly upon the delivery date or dates or at the intervals stated in the Contract or as soon thereafter as Buyer is notified by Seller that the Goods are available for delivery. If for any reason Buyer fails to call off or give delivery instructions, or take delivery of the Goods on the due date, or upon receipt of such notification, or otherwise causes or requests a delay in delivery, then, without prejudice to any other rights of Seller hereunder, Seller shall be entitled to store or arrange for the storage of the Goods and if it does so:
7.4.1 it shall so inform Buyer in writing;
7.4.2 Buyer shall pay or reimburse the reasonable costs (including insurance) of such storage from the due date, or the date of notification as aforesaid, until delivery to Buyer; and
7.5 If 30 days after the day on which Seller notified Buyer that the Goods were ready for delivery, Buyer has not taken delivery of them, Seller may resell or otherwise dispose of part or all of the Goods and, charge Buyer for any shortfall below the quoted or list (as applicable) price of the Goods.
Despatch and Delivery. 6.1. The estimated dispatch time for the full truck order is about two weeks and ten to fifteen days for delivery time under normal conditions; however the Company is not responsible for the estimated time of arrival given by the third parties (transportation companies). . The responsibilities’ not being covered by the transport agency (i.e. being on hold in the customs, accident, and different route schedule etc.) shall not be covered by the Company.
6.2. The Company shall not be liable neither for any loss (including loss of profit), costs, damages, charges, expenses caused
6.3. In any case that the Customer shall not accept delivery of the Goods when they are ready for delivery, or if the Company is
6.4. Unless otherwise provided in the Contract, delivery shall be to the Customer’s premises.
6.5. Unless otherwise provided in the Contract, the price of the goods does not include the cost off-loading the goods, which shall be arranged by the Customer and performed at his sole expense and risk.
Despatch and Delivery. 7.1 The Company will use reasonable endeavours to deliver on the dates or to any programme of dates agreed, but delivery dates cannot be guaranteed and time of delivery is not of the essence of the Contract.
7.2 The Company will deliver by the method of its choice, unless otherwise agreed, to the address specified by you. You will be responsible for the costs of delivery.
7.3 Any failure by the Company to make any one delivery shall not entitle you to terminate the Contract as to any remaining deliveries.
Despatch and Delivery even with partial deliveries- take place from company headquarters and at the expense of the customer.
Despatch and Delivery. 5.1 Delivery shall be deemed to occur and the risk of loss of or damage to any Goods shall pass to the Buyer in accordance with the applicable Incoterms®. Unless otherwise agreed in writing upon between the Buyer and the Company, the applicable delivery term shall be FCA Incoterms® 2020 Company´s named facility.
5.2 Where any sale of Goods would be eligible for exemption from Irish value added tax ("VAT") it is the Buyer's duty to comply with the necessary conditions, such as furnishing the Company with its national VAT registration number and/or proof of export from Ireland. If it does not comply with such conditions the Company will charge VAT in addition, in accordance with clause 4.2.
5.3 In the event that the Company shall at the specific request of the Buyer store the Goods then the Buyer shall pay the Company such reasonable charges as the Company may request on account thereof. Carriage of Goods is wholly for the Buyer's risk and account, but shall be arranged by Company and the transportation costs invoiced to the Buyer. Without prejudice to the foregoing, if any of the Services are to be provided by a carrier or other third party or the Goods are delivered wholly or partly by a party other than the Company, the Company shall, in arranging for the provision of the same, act only as the agent of the Buyer and the Buyer shall indemnify the Company against any costs, charges or expenses thereby incurred by the Company.
Despatch and Delivery. 5.1. Delivery shall be deemed to occur and the risk of loss of or damage to any Goods shall pass to the Buyer in accordance with the applicable Incoterms®. Unless otherwise agreed in writing upon between the Buyer and the Company, the applicable delivery term shall be FCA Incoterms® 2010 Company´s named facility.
5.2. Where any sale of Goods would be eligible for exemption from United Kingdom value added tax ("VAT") it is the Buyer's duty to comply with the necessary conditions, such as furnishing the Company with its national VAT registration number and/or proof of export from the United Kingdom. If it does not comply with such conditions the Company will charge VAT in addition, in accordance with clause 4.2.
5.3. In the event that the Company shall at the specific request of the Buyer store the Goods then the Buyer shall pay the Company such reasonable charges as the Company may request on account thereof. Carriage of Goods is wholly for the Buyer's risk and account, but shall be arranged by Company and the transportation costs invoiced to the Buyer. Without prejudice to the foregoing, if any of the services are to be provided by a carrier or other third party or the Goods are delivered wholly or partly by a party other than the Company, the Company shall, in arranging for the provision of the same, act only as the agent of the Buyer and the Buyer shall indemnify the Company against any costs, charges or expenses thereby incurred by the Company.
Despatch and Delivery even with partial deliveries- take place from company headquarters and at the expense of the customer. In the absence of specific instructions, we despatch goods in the way which seems most suitable to us. Deliveries are insured on request of the customer in his name and at his expense.
Despatch and Delivery. 4.1 The Company will endeavour to adhere to any stated despatch or delivery date, but any such date is a business estimate only and the Buyer agrees that the Company shall have no liability for any loss or damage whatever and however caused resulting from any delay.
4.2 The risk in the Goods shall pass to the Buyer upon delivery to the carriers for transport to the Buyer, or where carriage is effected by the Company upon despatch of the Goods, and the Company shall not have any liability whatever for any loss or damage or deterioration to the Goods caused arising either during transit or at any other time after the risk has passed to the Buyer and the Buyer should therefore be insured accordingly.
4.3 The Company may, at its absolute discretion, postpone delivery of the Goods at the request of the Buyer in which case the Buyer shall make payment as if the Goods were delivered and invoiced on the date of such request. The Company may store the Goods at its own premised or elsewhere at the Buyer’s sole risk and all storage, insurance and transport charges and all other costs arising from postponement of delivery shall be payable by the Buyer.