Common use of Time of Delivery of the Goods Clause in Contracts

Time of Delivery of the Goods. The Supplier shall provide the Goods on the date(s) and times(s) specified in the Order Form and the Milestone Dates (if any) or the Purchase Order. Deliveries shall be made into the Customer’s Mechanical Transport Fuel Installations (MTFIs) located at the Units listed in Call Off Schedule 8. Subject to prior arrangement between the Customer and Supplier, deliveries may also be made to the Customer’s Bulk Fuel Carrying Vehicles (BFCVs) whilst situated at the MTFIs designated in Call Off Schedule 8. The Supplier’s BFCVs are required to connect via standard 4” Quick Release Couplings. The delivery date shall be: a maximum of three (3) working days from the date of the order: or as agreed between the Customer and Supplier Subject to Clause 8.3.7 where the Goods are delivered by the Supplier, the point of delivery shall be when the Goods are removed from the transporting vehicle and transferred into the Customer’s storage tank at the Premises. Where the Goods are collected by the Customer, the point of delivery shall be when the Goods are loaded on the Customer's vehicle. If so specified by the Customer in the Order Form or Purchase Order, time of delivery in relation to the provision of the Goods (including any Installation Works) shall be of the essence and if the Supplier fails to Deliver the Goods at the time or within the time period specified in accordance with Clause 8.2.1 (and without prior Approval) the Customer may release itself from any obligation to accept and pay for the Goods and/or be entitled to terminate this Call Off Contract for Material Breach, in either case without prejudice to any other rights and remedies of the Customer under this Call Off Contract or at Law.