OF THE ESSENCE IN THIS CONTRACT Sample Clauses

OF THE ESSENCE IN THIS CONTRACT. If delivery in accordance with this purchase order is not made within the time specified herein, the Buyer may in addition to any other remedy provide herein or by law, cancel this order or such part of it as has not been completed and delivered by the Seller, without liability therefore to the Seller and the Buyer may procure such undelivered items from any other source of its own choosing and charge the Seller (or set off in whole or in part against any sums payable to the Seller under this order or otherwise) the amount by which all costs and expenses of such procurement, when added to any sums paid or payable hereunder for delivered items, exceed the total price; provided that the Seller shall not be responsible for delays, and defaults in deliveries, nor the Buyer for failure to receive, if occasioned by unforeseeable causes beyond the control and without the fault or negligence of the Seller, or the Buyer, as the case may be, including acts of God or the public enemy, fires, flood, labor strikes, freight embargoes or unusually severe weather. Undue delay by Seller in making shipment will enable Buyer to require Seller to expedite by faster freight and pay the difference in the higher rate for shipment. Unless freight or other changes are itemized any discount will be taken out of full amount of invoice. All shipments to be made in one day by one route must be consolidated. Items sold F.O.B. shipping point must be forwarded with all shipping charges prepaid and shipped cheapest way unless specified by Buyer. Delivery must be in the exact quantity ordered, except that this contract shall be severable and the items delivered in lots at the option of the Buyer. The Seller will have full responsibility for risk of loss until delivery conforming to contract on date, and at location specified and for damages arising from loss or default, except as otherwise expressly provided herein. WARRANTIES The Seller expressly warrants that all items covered by this purchase order will conform to the specifications, drawings, samples and other description furnished or adopted by the Buyer and will be fit and sufficient for the purpose intended, merchantable, new, clean, in good repair, of first class material and workmanship and free from defect. The shipment of material and/or parts called for by this purchase order shall constitute a certification on the part of Seller that he holds available for review by Buyer documentary evidence in the form of physical and chemic...
AutoNDA by SimpleDocs
OF THE ESSENCE IN THIS CONTRACT. THIS IS A LEGAL DOCUMENT. READ EACH AND EVERY PROVISION (INCLUDING EXHIBITS) OF THIS DOCUMENT BEFORE SIGNING BELOW. PURCHASER UNDERSTANDS THE AUCTION WAY COMPANY / XXXXXX X. XXXXX, BROKER ARE AGENTS OF THE SELLER, AND ARE NOT RESPONSIBLE FOR THE PERFORMANCE OF EITHER PURCHASER OR SELLER. IN WITNESS WHEREOF, each party has hereunto set his hand and affixed his seal on the date below: SIGNED AND SEALED by Xxxxxxxxx and Seller on this 24th day of April, 2021. Purchaser: Seller: Print: Print: Xxxxxxx X. Xxxxxx Address: Address: City: State: Zip: City: State: Zip: Phone: Email: Phone: Email: Purchaser: Seller: Print: Print: Address: Address: City: State: Zip: City: State: Zip: Phone: Email: Phone: Email: EXHIBIT “A” PLAT/ LEGAL EXHIBIT “B” TERMS AND CONDITIONS PARTIES: Seller: XXXX X. XXXXXX, Pine Mountain (Xxxxxx County), Georgia; Auctioneer/Real Estate Broker: The Auction Way Company/Xxxxxx X. Xxxxx of LaGrange, Georgia. REPRESENTATIVES: Auctioneers represent the Owners/Sellers by separate agreement.
OF THE ESSENCE IN THIS CONTRACT. THIS IS A LEGAL DOCUMENT. READ EACH AND EVERY PROVISION (INCLUDING EXHIBITS) OF THIS DOCUMENT BEFORE SIGNING BELOW. PURCHASER UNDERSTANDS THE AUCTION WAY COMPANY AND XXXXXX X. XXXXX AND REMAX RESULTS LAGRANGE AND XXXX XXXXXXXX ARE AGENTS OF THE SELLER AND ARE NOT RESPONSIBLE FOR THE PERFORMANCE OF EITHER BUYER OR SELLER. IN WITNESS WHEREOF, each party has hereunto set his hand and affixed his seal on the date indicated below: SIGNED AND SEALED by Purchaser on this 25th day of April, 2015 Purchaser: _______________________________ Escrow Agent: ________________________ Address: ________________________________ Xxx Xxxxxxxx, Attorney at Law City: ____________________________________ Phone: __________________________________ Email: Purchaser: _______________________________ Address: ________________________________ City: ___________________________________ Phone: __________________________________ Email: Seller: _ Butts Mill Farm, Inc. By: Xxxxxxxx Xxxxxxx Address: _0000 Xxx Xxxxxx Xxxx Road City: LaGrange, Ga. 30240 Phone: 000-000-0000 Email: x.xxxxxxx@xxx.xxx EXHIBIT “A” PLAT/ LEGAL EXHIBIT “B” REAL ESTATE TERMS PARTIES: ReMax Results, Xxx Xxxxxxxx of LaGrange, Ga. Real Estate Broker and The Auction Way Company/Xxxxxx X. Xxxxx, Auctioneer/Real Estate Broker of LaGrange, Georgia, herein after called Auctioneers. REPRESENTATIVES: Auctioneers represent the Owner/Seller by separate agreement. DISPUTES: The auctioneer in charge will settle any disputes as to bids. Auctioneer’s decision on such matters will be final. ANNOUNCEMENTS: Announcements from the auction box will take precedence over the information received from any prior written or oral information.

Related to OF THE ESSENCE IN THIS CONTRACT

  • Time of the Essence Time is of the essence of this Agreement.

  • In this Agreement 7.1.6 Any external loan, security, compensation, covenant or other compensation liabilities of the Pledgor’s (1) is required to be repaid or performed prior to the due date due to default; or (2) is due but cannot be repaid or performed as scheduled and thereby cause the Pledgee to deem that the Pledgor’s capacity to perform the obligations herein is affected.

  • Time is of the Essence Time is of the essence of this Agreement.

  • Term of Agreement and Renewals The Agreement with TIPS is for approximately three (3) years with an option for renewal for an additional one

  • TERM OF AGREEMENT AND RENEWAL The Agreement shall remain in effect from the date of execution hereof through the expiration of a one year period, and may be renewed upon the mutual consent of the Parties.

  • Time of Essence Time is of the essence of this Agreement.

  • NOW THIS AGREEMENT WITNESSES —

  • TIME IS ESSENCE The Promoter shall abide by the time schedule for completing the project as disclosed at the time of registration of the project with the Authority and towards handing over the [Apartment/Plot] to the Allottee and the common areas to the association of allottees or the competent authority, as the case may be.

  • The Eleventh Amendment The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment."

  • NOW THIS AGREEMENT WITNESSES Definitions

Time is Money Join Law Insider Premium to draft better contracts faster.