Availability of Goods Sample Clauses

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Availability of Goods. Delivery is subject to the availability of the goods and if, owing to non-availability of such goods or any other cause beyond the control of Supplier, the Supplier shall be unable to carry out its obligations hereunder it shall be entitled to determine this Agreement forthwith by giving notice in writing to the Client to that effect.
Availability of Goods. The tenderer shall carry sufficient inventories to assure ex-stock supply of the Goods tendered for they must undertake to hold ex-stock a quarter of tender quantity at any time during the contract period. The items shall be supplied as promptly as possible and within the period specified on the Local Purchase Orders.
Availability of Goods. The company shall not be bound to import goods to fulfil any contract and if at the time of delivery the company has no or insufficient goods in stock in New Zealand and for reasons beyond its control shall not be able to obtain sufficient goods within a reasonable time the company shall be excused from performance and the purchaser shall be entitled to a refund of any monies paid on account of the purchase price.
Availability of Goods. The Goods presented on the Marketplace are offered for sale subject to availability. The Seller endeavors to present only Goods available on the Marketplace. However, the Customer is hereby informed that only the e-mail sent by the Seller to the Customer, indicating that the Good(s) may be collected from the point of sale, is deemed to be confirmation of the availability of the Goods. If the Goods ordered by the Customer are not available, in whole or in part, the Seller will inform the Customer by e-mail via the Marketplace as soon as possible. In the event of total unavailability of the Goods ordered by the Customer, the Seller will cancel the order and refund the sums paid by the Customer. In the event of the unavailability of certain Goods ordered, the Customer's order will be maintained, the Customer will be able to collect the available Goods at the point of sale and the Seller will refund the Customer for the price of the unavailable Goods.
Availability of Goods. Certain Goods may be available exclusively online through the website. These Goods may have limited quantities and are subject to return or exchange only according to MO SCI’s Return Policy.
Availability of Goods. 6.1 The Supplier shall at its own expense take all necessary measures to ensure that the contracted lead times are adhered to. 6.2 The maximum contractual lead times are 4 weeks from date of order. 6.3 During the continuance of the contract BT shall have the right to audit the Supplier to ensure the appropriate processes are in place and effective. 6.4 During any 'shut-down' period the Supplier shall provide sufficient resources to enable the continuation of the required delivery service.
Availability of Goods. Any quotation given by the Supplier shall not constitute an offer for sale or a representation that those goods are available for sale.
Availability of Goods. If Seller is aware of or anticipates any shortage of supply for any reason, it shall promptly notify Buyer of such shortage and its estimated duration. [Subject to Section XVIII.19, ][I/i]f any of the Goods is subject to limited availability, without limiting any rights or remedies Buyer may have hereunder or under applicable Law, Seller shall ship to Buyer at least as many units of such Goods as Seller ships to other similar customers. In such case, Buyer may either deduct the quantity of Goods not shipped because of this allocation from the quantity to be purchased under the Order(s) at issue or require the Seller to deliver the missed quantity once the shortage has ended, in ▇▇▇▇▇'s sole discretion. If Buyer places one or more Purchase Orders that includes any Goods subject to limited availability, Seller shall notify Buyer before accepting each such Purchase Order, and Buyer has the right to withdraw the Purchase Order in whole or in part without liability. SHIPMENT AND DELIVERY
Availability of Goods. 4.1. Orders are accepted by the Seller subject to Goods of the contract description being available to the Seller at the time delivery is required, as to which the Seller accepts no obligation. If the Seller’s production contracts with third parties do not produce sufficient quantities of Goods of the contract description to satisfy the Buyer’s requirements, the Seller shall not be under any obligation to purchase Goods from alternative sources of supply. 4.2. If the Seller has insufficient Goods of the contract description available to meet all its requirements, the Seller shall be entitled to allocate such Goods as are available to it in such quantities and to such Buyer or Buyers as it shall in its absolute discretion determine. 4.3. The Buyer shall pay pro-rata for any partial delivery of the Goods ordered. If the Seller is unable to deliver any Goods to the Buyer, the contract for the sale thereof shall terminate without any further liability on either party. The Seller shall use all reasonable endeavours to notify the Buyer at the earliest opportunity of any shortages or non-availability of Goods. 4.4. No order which has been accepted by the Seller may be cancelled by the Buyer except with the agreement in Writing of the Seller and on terms that the Buyer shall indemnify the Seller in full against all loss (including consequential loss and loss of profit) and costs (including the cost of cancellation of any orders placed by the Seller in order to fulfil the contract, transportation and warehousing costs), damages charges and expenses incurred by the Seller as a result of such cancellation.
Availability of Goods. 1. If Works are dependent on the availability of Goods, Stormport Professional Services Limited will make reasonable endeavours to obtain the Goods specified. In the event that the Goods are not reasonably available, Stormport Professional Services Limited reserves the right, in accordance with good practice, to substitute the Goods for reasonably equivalent substitutes.