Supply of the Goods Sample Clauses
Supply of the Goods. 2.1 During The Term the Supplier shall sell and the Distributor shall purchase the Goods ordered by the Distributor for resale, subject to the Terms of this contract.
2.2 The specification of the Goods shall be as set out in schedule 1, but the Supplier reserves the right to make any change in the specification of the Goods that is necessary in order for them to conform with any applicable laws, provided the Supplier promptly informs the Distributor in writing of any such change that it proposes to make.
2.3 The Distributor shall promptly inform the Supplier of any proposed change in the specification of the Goods which is necessary in order for them to conform with any applicable laws in the Territory, in which event the Supplier shall promptly notify the Distributor in writing whether it is willing to change the specification and (if so) any resulting change in the price of the Goods. If the Supplier does not notify the Distributor in writing within a reasonable time (not exceeding [thirty (30) days – specify any other period]) that it agrees to the change in the specification, or if it does do so but the Distributor does not notify the Supplier in writing within a reasonable time (not exceeding [thirty (30) days – specify any other period]) that it agrees any change in the price of the Goods proposed by the Supplier, the Goods in question shall cease to be subject to this contract, and where the Goods in question form all or a substantial proportion of the Goods covered by this contract, either party may terminate this contract by giving written notice to the other party.
2.4 In each [year – specify any other period] of the Term the Distributor, unless prevented by force majeure, shall order from the Supplier not less than the minimum quantity of the Goods specified in schedule 2. If the Supplier fails by reason of force majeure or otherwise to supply the Distributor with that quantity of the Goods, the minimum quantity of the Goods for the [year – specify any other period] in question shall be reduced by the quantity of the Goods that the Supplier fails to supply.”.]
2.5 Subject to the provisions of this contract, the supply of the Goods shall be made on the basis of the terms of sale set out in schedule 4. In the event of any conflict between those terms and the terms of this contract, the terms of this contract shall prevail.
Supply of the Goods.
3.1 The Company shall supply and the Customer shall purchase the Goods at the Price in accordance with the Terms of this agreement.
3.2 The Goods supplied to the Customer by the Company under this agreement shall:
3.2.1 conform to the Specification;
3.2.2 be free from defects in design, material and workmanship and remain so for a minimum of 12 months from the date of Delivery of the Goods, or 15 months from notification of readiness to deliver, whichever is the sooner in accordance with clause 12.1; and
3.2.3 comply with all applicable statutory and regulatory requirements.
3.3 Except as set out in this agreement, all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.
3.4 The Company shall deliver the Goods to the Customer as follows:
3.4.1 at the Company’s Premises at any time after the Company has notified the Customer that the Goods are ready for collection by the Customer or its designated carrier or agent;
3.4.2 if some other place for Delivery is agreed as the Delivery Address, by the Company delivering the Goods to such address;
3.4.3 upon the placing of the Goods in storage facilities either at the request of the Customer or due to its failure or refusal to accept Delivery; or
3.4.4 upon consignment of the Goods by the Company to the Post Office at the request of the Customer for Delivery in the normal course of post.
3.5 Non-delivery of the Goods shall be notified to the Company within 7 days of the date of dispatch as indicated by the Company.
3.6 The Company and (where relevant) the carriers must be notified within 3 days of the date of Delivery of any damage or shortage and the Customer must retain for inspection any damaged Goods and packaging.
3.7 The Company may deliver the Goods by instalments. Each instalment shall be invoiced and paid for in accordance with the provisions of the Contract.
3.8 The Goods may be delivered by the Company in advance of any specified date of Delivery upon giving reasonable notice to the Customer.
3.9 Delays in the Delivery of the Goods shall not entitle the Customer to:
3.9.1 refuse to take Delivery of the Goods;
3.9.2 claim damages; or
3.9.3 terminate this agreement. For the avoidance of doubt, it is agreed that time for Delivery shall not be of the essence unless it has been stated to be so in the purchase order. Whilst the Company will use reasonable endeavours to deliver the Goods, there may be delays due to a...
Supply of the Goods. 3.1 By the Due Date for Delivery, the Supplier shall have:
(a) manufactured, procured or otherwise obtained all of the Goods, together with any documents referred to in this Contract (including any installation, operation and maintenance manuals);
(b) delivered all of the Goods, and any documents referred to in this Contract, to Pan Pac at the Delivery Point in accordance with the Delivery Terms set out in Schedule 1 and otherwise in accordance with this Contract; and
(c) performed any other services necessarily or reasonably required for the supply of Goods under this Contract.
3.2 The Due Date for Delivery shall be without prejudice to any interim milestones to be achieved by the Supplier pursuant to the Delivery Terms.
3.3 If an Incoterm rule is specified in Schedule 1, then that Incoterm rule shall apply to this Contract. If any specific provision of this Contract conflicts with the terms contained in Incoterms, then the specific provisions of this Contract shall prevail.
3.4 The Supplier shall provide the Goods in accordance with the Delivery Terms and the documents specified herein and the Specifications. Pan Pac may, at its sole discretion, return to the Supplier any Goods that do not comply with such descriptions, documents and Specifications, at the Supplier’s sole cost, risk and expense. Pan Pac shall have no obligation to pay for any Goods so returned, and shall be entitled to a refund for any amounts paid to the Supplier in respect of such Goods.
3.5 Where any items are delivered in error (including items in excess of the quantity ordered by Pan Pac), Pan Pac may return such items at the Supplier’s sole cost, risk and expense. Pan Pac shall have no obligation to pay for any items so returned, and shall be entitled to a refund for any amounts paid to the Supplier in respect of such items.
3.6 When Pan Pac (acting reasonably, and following any applicable inspections or testing) is satisfied that the requirements of the Contract have been met and the Goods are not otherwise damaged or defective in any way, Pan Pac shall promptly issue to the Supplier a notice confirming that the Goods have met the requirements of this Contract.
3.7 No certificate given, inspection or test performed, authorisation or comments provided or payment made by Pan Pac shall be construed as: (i) evidence of satisfaction of the Supplier’s obligations under this Contract; (ii) approval or acceptance of defective Goods; or (iii) otherwise relieving the Supplier from any of it...
Supply of the Goods. The Supplier agrees to supply the Goods to the Customer in accordance with these Terms of Trading.
Supply of the Goods. 1.4.1 In consideration of the payment of the Charges by the Contracting Authority, the Economic Operator shall: • supply the Goods in accordance with the Purchase Order Contract and the sRFT (where additional terms and conditions in relation to the Goods and/or their delivery are specified therein); • comply with any policies, guidelines and/or any project governance protocols and with all local security (including child protection and Garda vetting policy) and health and safety arrangements as notified to it by the Contracting Authority; • supply the Goods in accordance with good industry practice and comply with all applicable laws including, but not limited to, all obligations in the field of environmental, social and labour law that apply at the place where the Goods are provided, that have been established by EU and national law, collective agreements and by international, environmental, social and labour law listed in Schedule 7 of the European Union (Award of Public Authority Contracts) Regulations 2016 (Statutory Instrument 284 of 2016) (hereinafter referred to as the “Regulations”). Without prejudice to the generality of the foregoing, the Economic Operator shall be solely responsible for the employment, remuneration, taxes, immigration status and work permits of all personnel retained by it for the purposes of complying with the sRFT and Purchase Order Contract.
Supply of the Goods. 3.1. During the Term, the Supplier shall sell and the Reseller shall purchase the Goods ordered by the Reseller for resale, subject to the Terms of this Agreement.
3.2. All in-stock orders will be shipped within two business days after full payment is made. The Supplier will strive to have the entire line available for ordering.
Supply of the Goods. 1.1 The parties agree that this Agreement is intended to form the terms and conditions under which all future orders of Goods, subsequent to the initial order and or application for credit, are be dealt with, unless otherwise agreed to between the parties in writing.
1.2 The Purchaser will purchase the Goods from Food Automation in the quantities set out in the Quotation.
1.3 The description of the Goods which appear in the Quotation is given solely for identifying the specific Goods that are the subject of the sale and purchase of the Goods pursuant to this Agreement.
Supply of the Goods. 4.1 From the Supply Commencement Date, the Supplier shall supply, and the Contracting Authority shall purchase, such quantities of Goods as the Contracting Authority may order under clause 5 of the Framework Agreement in accordance with the Call-Off Terms and Conditions.
4.2 For the avoidance of doubt, any actions or work undertaken by the Supplier prior to the receipt of a Purchase Order covering the relevant Goods shall be undertaken at the Supplier’s risk and expense and the Supplier shall only be entitled to invoice for Goods covered by a valid Purchase Order.
Supply of the Goods. 2.1 The Company shall supply and the Client shall purchase the Goods in accordance with the Quotation and these Conditions. This Agreement supersedes all prior oral or written statements of any kind made by the Company or its representatives in relation to the Goods. The Company’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering into this Agreement the Client acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed. Any advice or recommendation given by the Company or its employees or agents to the Client or its employees or agents in relation to the Goods which is not confirmed in writing by the Company is followed or acted upon entirely at the Client’s own risk, and accordingly the Company shall not be liable for any such advice or recommendation which is not so confirmed.
2.2 The Company reserves the right to make any changes to the Goods which are required to conform with any applicable health and safety or other statutory requirements or which do not materially affect the quality or performance of the Goods.
2.3 Any descriptive matter, specifications and advertising issued by the Company and any descriptions or illustrations contained in the Company’s catalogues or brochures or on the Company’s website in respect of the Goods are issued or published for the sole purpose of giving an approximate idea of the Goods represented by or described in them and they will not form part of this Agreement.
2.4 No Quotation which has been accepted by the Client and provided to the Company may be subsequently cancelled by the Client except with the agreement in writing of the Company and on terms that the Client shall indemnify the Company in full against all losses (including loss of profit), costs, damages, charges and expenses incurred by the Company as a result of such cancellation.
2.5 The Company shall not be bound by and reserves the right to correct, before and after the Agreement is made, any typographical, clerical or other obvious error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Company.
Supply of the Goods. 2.11.1 The Service Provider shall supply and, where relevant, install the Goods in accordance with the specification in the Framework Agreement, the Order Form and in accordance with any obligations implied by Section 12 or 14 of the Sale of Goods Act 1979 or Section 2 of the Supply of Goods and Services Act 1982.
2.11.2 If requested by the Customer the Service Provider shall provide the Customer with samples of Goods for evaluation and approval, at the Service Provider's cost and expense.
2.11.3 The Service Provider shall ensure that the Goods are fully compatible with any of the Customer's equipment, to the extent specified in the Order Form.
2.11.4 The Service Provider acknowledges that the Customer relies on the skill and judgment of the Service Provider in the supply of the Goods and the performance of its obligations under the Contract.