Excess Goods Clause Samples
The Excess Goods clause defines how surplus products, which exceed the quantities agreed upon in a contract, are to be handled between the parties. Typically, this clause outlines whether the buyer is obligated to accept and pay for any goods delivered in excess of the specified amount, or if the seller must remove or dispose of the surplus at their own expense. By clearly allocating responsibility for excess goods, this clause helps prevent disputes over unwanted inventory and ensures both parties understand their obligations regarding over-deliveries.
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Excess Goods. If the Supplier delivers Goods in excess of the number ordered or purchased by the Customer under the Contract, the Customer may elect to keep or reject the excess. If the Customer elects to keep the excess, title in the excess Goods shall pass to the Customer on Delivery. If the Customer rejects the excess, it shall notify the Supplier in writing, title and risk in the excess Goods shall remain with the Supplier, and Clauses 8.3 (a), (b), (c) and (d) shall apply.
Excess Goods. Except for customary quantity variations recognized by trade practice, goods in excess of those specified need not be ac- cepted by Buyer and any such goods not accepted will be held at Seller’s risk. Buyer may, and at Seller’s direction shall, return such goods at Seller’s risk and all transportation charges, both to and from the original destination, shall be paid by Seller.
Excess Goods. Except for customary quantity variations recognized by trade practice, Goods in excess of those specified in the Order will not be accepted, and such Goods will be held at Seller's risk. Buyer shall have no obligation to keep or preserve any excess Goods delivered by Seller. Buyer may, and at Seller's request shall, return the excess Goods at Seller's risk, and all transportation charges, both to and from the original destination, shall be paid by Seller.
Excess Goods. Except for customary quantity variations recognized by trade practice, goods in excess of those specified will not be accepted, and such goods will be held at Seller’s risk, and all transportation charges, both to and from the original destination shall be paid by Seller.
Excess Goods. Except for customary quantity variations recognized by trade practice, goods in excess of those specified need not be accepted by Buyer and any such goods not accepted will be held at Seller’s risk. Buyer may, and at Seller’s direction shall, return such goods at Seller’s risk, and all transportation charges, both to and from the original destination, shall be paid by Seller.
Excess Goods. Unless otherwise agreed in an SOW, upon invoice by Supplier after the [*****], Apple will pay Supplier for the cost of the Goods remaining in inventory (including Goods in Hubs) and work-in-process as of the [*****] to the extent that (A) such Goods have not been purchased by Authorized Purchasers; (B) production of such Goods was started in accordance with the relevant Forecast confirmed by Supplier at applicable Lead-Times, and (C) such Goods cannot be canceled, diverted to another use, or sold to another party.
Excess Goods. Except for customary quantity variation recognized by trade practice, Goods in quantities in excess of those specified in the Order will not be accepted. Buyer may refuse or return such Goods at Seller’s risk. Seller shall pay all transportation charges, both to and from the original destination, and handling costs. Buyer’s count will be accepted as final and conclusive on all shipments.
Excess Goods. The Buyer may, in his absolute discretion, accept or reject any goods which are in excess of the quantity ordered or which do not conform with specification ordered. Any such goods which are rejected by the Buyer shall be held at the Seller's risk and may, at the Buyer's absolute discretion be returned to the Seller at the Seller's risk and cost. All such costs incurred may be deducted from any sums the Buyer may owe to the Seller.
Excess Goods. Unless otherwise agreed in an SOW, upon invoice by Supplier [*****], Apple will pay Supplier for the cost of the Goods remaining in inventory (including Goods in Hubs) and [*****] Certain portions denoted with an asterisk have been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. work-in-process [*****] to the extent that (A) such Goods have not been purchased by Authorized Purchasers; (B) production of such Goods was started in accordance with the relevant Forecast [*****] at applicable Lead-Times, and (C) such Goods cannot be canceled, diverted to another use, or sold to another party.
Excess Goods. As far as possible no excess goods will be allowed without the cover of a tax invoice.Buyer shall not be responsible for any loss or damage to the said goods/materials while in the possession of the Buyer. Buyer may, and at Seller's direction shall, return such goods/materials at Seller's risk, and all transportation charges, both to and from the original destination, shall be paid by Seller. Notwithstanding anything contained in this Scheduling Agreement / Purchase Order, in case the Seller fails to repay / pay Buyer any sums due to be paid by Seller to Buyer whether under this Scheduling Agreement or otherwise, Buyer shall have a lien over the said excess goods/materials and /or right to retain the said excess goods/materials till the payment/repayment of the said dues by Seller.