If the Supplier. (a) delivers less than 100% of the quantity of Goods ordered, Darchem may reject the Goods; or
(b) delivers more than 100% of the quantity of Goods ordered, Darchem 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 Darchem accepts the delivery, the Supplier shall make a pro rata adjustment to the invoice for the Goods.
If the Supplier. (a) delivers less than 100% of the quantity of Goods on any Order, the Customer may at its discretion, take the quantities supplied and pay the applicable Price in respect of those Goods actually supplied or without liability reject the Goods within the relevant Order; or
(b) delivers more than 105% of the quantity of Goods on any Order, the Customer may at its discretion, take the quantities supplied and pay the applicable Price in respect of those Goods actually supplied or without liability reject the Goods or reject the excess Goods within the relevant Order; and any rejected Goods will be returnable to the Supplier at the Supplier’s risk and expense, which for the avoidance of doubt will include any cost related to processing and shipment of such Goods.
If the Supplier. (a) delivers less Goods than the quantity ordered and the quantity delivered is outside of the permitted tolerances stated on the Order (if any), Kew may reject the Goods; or
(b) delivers more Goods than the quantity ordered and the quantity delivered is outside of the permitted tolerances as stated on the Order (if any) Kew 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 Kew accepts the delivery, a pro rata adjustment shall be made to the price for the Goods.
If the Supplier. (i) fails to repair the Deliveries within 3 (say: three) days from the date of receipt of the information or fails to provide the Employer with a repair plan for the Deliveries within the said period, or (ii) fails to repair the Deliveries in accordance with the repair plan, or fails to implement such a plan despite its approval by the Employer, the Employer may present the Supplier with a written notification on the failure to repair the Deliveries or the failure to implement such a plan, respectively, despite its approval by the Employer. If within 7 (say: seven) days from the date of receipt of such a notification, the Supplier fails to repair the Deliveries, the Employer may, at its sole discretion, repair the Deliveries independently, or order their repair by a third party, at the
If the Supplier i. has not performed a Service or supplied a Deliverable (or has not sought to perform a Service or supply a Deliverable) required to be performed or supplied under this Agreement, then the Supplier shall, where such failure is capable of remedy, perform the relevant Services or supply the relevant Deliverables; or
ii. has performed a Service or supplied a Deliverable, but has failed to do so in accordance with this Agreement, then (except where such failure is that a Good is a Non- conforming Good in which case clause 10 (Goods; Non- conforming Goods) will apply in respect of the relevant failure) the Supplier shall, where such failure is capable of remedy, re-perform or re-supply (at its own cost) the relevant Services or Deliverables (as applicable), in each case as soon as reasonably practicable after receipt of a statement from INEOS providing the Supplier with details of the nature of the failure.
If the Supplier. 23.1.2.1. Enters into liquidation (apart from solvent liquidation for the purposes of amalgamation or reconstruction);
23.1.2.2. Is dissolved;
23.1.2.3. Is declared bankrupt;
23.1.2.4. Has a receiver, administrator or administrative receiver appointed over all or part of its assets;
23.1.2.5. Enters into an arrangement with its creditors;
23.1.2.6. Takes or suffers any action similar to those in clauses 23.1.2.1 to 23.1.2.
If the Supplier restricts access by the Supply Manager and Others to work being done for this contract • The restrictions to access for the Supply Manager and Others to work being done for this contract are . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
If the Supplier. (i) fails to repair the Deliveries within 3 (say: three) days from the date of receipt of the information or fails to provide the Employer with a repair plan for the Deliveries within the said period, or (ii) fails to repair the Deliveries in accordance with the repair plan, or fails to implement such a plan despite its approval by the Employer, the Employer may present the Supplier with a written notification on the failure to repair the Deliveries or the failure to implement such a plan, respectively, despite its approval by the Employer. If within 7 (say: seven) days from the date of receipt of such a notification, the Supplier fails to repair the Deliveries, the Employer may, at its sole discretion, repair the Deliveries independently, or order their repair by a third party, at the expense and risk of the Supplier; in such a situation the Supplier shall reimburse the Employer for all the expenses incurred by the Employer due to the repair of the Deliveries. The Employer shall have the right to deduct such costs from the Supplier’s receivables.
If the Supplier. (i) fails to provide the Employer with the Bond for the increased amounts and within the deadlines specified in Art. 25.2, or (ii) fails to renew the expired Bond in accordance with Art. 25.3, the Supplier shall not be entitled to receive any payment under this Contract, and the Employer may withhold any payments due to the Supplier under this Contract by the time the Supplier completely meets the obligations under this Art. 25. If the Employer withholds payments under this Art. 25, the Employer shall submit to the Employer a written notice concerning this fact, whereby the withholding of payments under this Art. 25 shall be
