Delivery and Performance Clause Samples
The DELIVERY AND PERFORMANCE clause defines the obligations and standards regarding how and when goods or services must be delivered and performed under a contract. It typically outlines delivery schedules, performance milestones, and the criteria for acceptable performance, such as quality requirements or timelines. This clause ensures that both parties have a clear understanding of expectations, helping to prevent disputes related to delays or inadequate performance by establishing concrete benchmarks and responsibilities.
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Delivery and Performance. 7.1 Delivery of the Goods shall be made by the Supplier delivering the Goods to the place in the United Kingdom specified in the quotation or accepted order or, if no place of delivery is so specified, by the Customer collecting the Goods at the Supplier’s premises at any time after the Supplier has notified the Customer that the Goods are ready for collection.
7.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer.
7.3 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provisions of sub-Clause 10.1 risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.
7.4 With effect from the Commencement Date the Supplier shall, in consideration of the price being paid in accordance with these Terms and Conditions and the quotation or accepted order provide the Services expressly identified in the quotation or accepted order.
7.5 If any free issued part or dependant items (such as, but not limited to, firmware / software code, certifications, test procedures, free issue material) that is not in the Supplier’s control which results in delaying the delivery and resulting invoicing then the Supplier reserves the right to invoice in full.
Delivery and Performance. 7.1. The Supplier shall ensure that, at all times, it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations in these Terms.
7.2. The date for delivery of the Goods or the performance of the Services shall be the date specified in the Purchase Order or as agreed between the Parties, in writing, from time to time.
7.3. In respect of the delivery of the Goods the Parties agree to apply the terms of Incoterms 2020, being the official rules for the interpretation of trade terms issued by the International Chamber of Commerce and the Purchase Order will set out the relevant Incoterms that are applicable.
7.4. Goods shall be delivered and/or Services performed during the Company’s normal business hours at the stipulated place of delivery or the stipulated site of performance (as the case may be).
7.5. Against delivery of Goods to the Company by the Supplier, the Company shall issue the Supplier with a written delivery receipt signed by an authorised representative of the Company, against which ownership of, and all risk in and to, the Goods shall pass to the Company.
7.6. Acceptance of delivery shall only amount to an acknowledgment by the Company that the Goods of the quantity and nature stated in the Purchase Order were received and shall not amount to an acknowledgement that the Goods met the quality and/or Specifications.
7.7. Without prejudice to any of the Company’s other rights under these Terms or its remaining rights in law, if Goods delivered do not substantially comply with the Purchase Order and/or Specifications (if any), the Company shall be entitled to tender the return of the Goods to the Supplier, within 30 (thirty) days of delivery, in which event:
7.7.1. the Company shall not be liable for payment in respect of the Goods returned;
7.7.2. the Goods shall be returned at the cost of the Supplier;
7.7.3. all risk in respect of ▇▇▇▇▇ returned shall pass to the Supplier, upon notice by the Company to the Supplier that the Goods have been rejected and are available for collection at the premises to which they were delivered by the Supplier; and
7.7.4. ownership of the rejected Goods shall pass from the Company to the Supplier upon collection of those Goods.
Delivery and Performance. All work performed under contracts or task orders will be at the highest quality applicable and delivered according to Statement of Objectives (SOO), Statement of Works (SOW), or Performance Work Statements (PWS). The Contractor must deliver and perform according to the requirements of the contract or task order, and may be denied further work for substandard performance. The Government may include deliveries or performance requirements, such as (1) optional clauses, (2) agency clauses, or (3) specific clauses, in a contract or task order.
Delivery and Performance. (a) The Supplier must provide the Services at the time and at the location required by Council. Council must acknowledge receipt of the Services if they have been provided and considered to be satisfactory.
(b) The Supplier must supply all tools, facilities, materials, and other resources necessary to perform the Services and must ensure that all such resources are appropriate for performing them.
(c) The Supplier agrees to deal with Council in a manner consistent with good governance practices.
(d) The Supplier must observe and comply with the Code of Conduct and Business Ethics Policy adopted by Council from time to time.
(e) Council may reject Services that are defective or do not comply with this Contract. The execution of a delivery document, receipt of the Services, or payment of the Price does not constitute acceptance and will not prevent Council from exercising its rights and remedies under this Contract and under the law if the Services or Products are defective or do not comply with this Contract.
Delivery and Performance. Location for deliveries and performances is the place or places specified by Customer or approved in writing by Customer.
Delivery and Performance. (a) Supplier, at its expense, must Deliver each Good or Service (as applicable):
(i) in accordance with the relevant Delivery Date (time is of the essence);
(ii) to or at the relevant Delivery Place(s), and in the relevant sequence (if applicable);
(iii) in the relevant quantity; and
(iv) between the hours (or otherwise between such other hours as may be reasonably determined by Port Authority and notified as such to Supplier), specified in the Order.
(b) Supplier will promptly unload the Goods or perform the Services at the Delivery Place(s) in accordance with any reasonable directions given by Port Authority.
(c) If Supplier is a foreign registered entity, then Delivery of the Goods must be in accordance with DDP (Delivered Duty Paid) (Sydney, Australia) (INCOTERMS 2010).
(d) Supplier acknowledges and agrees that an Order may require Goods or Services to be Delivered:
(i) at or to multiple Delivery Places; and
(ii) in a specified sequence.
Delivery and Performance. Time will be of the essence in the PO. Delivery will be made Delivery Duty Paid (DDP), Incoterms® 2020. Seller will deliver the Goods and/or perform the Services in accordance with any schedules or dates specified in the PO or, if there are no schedules or specified dates, within a reasonable time. Buyer may request status reports from time to time. Buyer may cancel the PO, without liability, in whole or in part, if deliveries are not made or Services are not performed in accordance with this Section 7. Buyer may also, as reasonably determined by ▇▇▇▇▇ and upon written notice to Seller, suspend the delivery of Goods and/or the performance of Services. In the case of suspension, the Seller will be entitled to payment of Goods delivered or Services performed prior to receiving the suspension notice. Seller will suitably ship Goods in accordance with Buyer’s instructions and all applicable laws, and, if so instructed by Buyer, will meet the transportation requirements of common carriers to secure the lowest transportation costs. Seller will attain appropriate carrier insurance and will be liable for resulting damage to the Goods by reason of failure to comply with this Section 7. Seller will send ▇▇▇▇▇, as soon as the Goods have been forwarded, a notice of shipment number, a car number (if any), and a brief description of the Goods; otherwise, Seller will be liable for any demurrage charges incurred. If the quantity ordered is sufficient, railcars and trailer units will be loaded to their maximum legal capacity; otherwise, Seller will pay the excess freight.
Delivery and Performance. 9.1 Delivery of the Goods shall be made by the Supplier delivering the Goods to the place in the United Kingdom specified in the quotation/specification schedule/accepted order or, if no place of delivery is so specified, by the Customer collecting the Goods at the Supplier’s premises at any time after the Supplier has notified the Customer that the Goods are ready for collection.
9.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer.
9.3 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provisions of sub-Clause 10.1 risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.
9.4 With effect from the Commencement Date the Supplier shall, in consideration of the price being paid in accordance with these Terms and Conditions and the quotation/specification schedule/accepted order provide the Services expressly identified in the quotation/specification schedule/accepted order.
Delivery and Performance. 2.1. Delivery of the Goods and Performance of the Services shall be made within the time period, at the location and in the quantity and quality specified in the Purchase Order. The obligation of the Supplier shall only be considered duly fulfilled, if it has been done fully in compliance with the abovewritten. An Order is exclusively valid for delivery within the timeframe and in the quantity specified in the Order, any alterations thereof may only be done with prior express written consent by VIDEOTON.
2.2. If no time for delivery or performance is specified in this Purchase Order, the time for delivery or performance shall be at the times and in the amount requested in a release or delivery or performance schedule furnished by VIDEOTON.
2.3. ▇▇▇▇▇▇▇▇ does not accept any premature or ahead-of-time delivery of any Goods or Services ordered if it is not agreed previously in writing and if the time of delivery departs from the originally agreed schedule / timing of delivery.
2.4. If Supplier fails to or does not adequately fulfil any of Supplier's obligations pursuant to this Purchase Order, VIDEOTON may at its own discretion decide to extend additional time for Supplier to fulfill such obligations, exercise its rights set forth in points 4.3 or 7 herein, or terminate the Purchase Order, unless the parties provide otherwise in writing.
2.5. VIDEOTON shall only pay for any Goods delivered by Supplier in excess of the amount specified in this Purchase Order if it agreed to the excess amount in writing prior to delivery.
2.6. Any signature by or on behalf of VIDEOTON on any delivery note of Supplier shall not signify acceptance of the quantity and/or quality of the Goods.
2.7. If at any time Supplier has reason to believe that deliveries or performance of any of the Goods will not be made as scheduled, it shall immediately give VIDEOTON written notice setting forth the cause or causes of the anticipated delay. Such notice shall not relieve Supplier of its obligations with respect to the agreed time of delivery or performance.
2.8. If the Goods are specifically manufactured for VIDEOTON and are not available in commercial trade elsewhere than Supplier shall be prepared – upon termination of its contractual relationship with VIDEOTON – to agree and negotiate with VIDEOTON an arrangement that secures the provision of the Goods concerned upon such request from VIDEOTON for a period of 10 years after the cessation / termination of the contractual relationship.
Delivery and Performance. 4.1 Delivery of Supplies will be made to the delivery address stated on the Proposal or Customer Purchase Order or as agreed in writing by the parties.
4.2 Dates for delivery of the Supplies or the performance of any services are only estimates and are not binding on Telequip.
4.3 If Telequip is unable to deliver all or any part of the Supplies or perform any Services within (in Telequip's opinion) a reasonable time or at all, then Telequip may terminate the Agreement, in whole or in part. In this event, the Customer will have no claim against Telequip for any damage, loss or expense incurred in connection with the delay in delivery or performance or the termination.
4.4 If the Customer refuses to accept delivery of any Supplies or performance of any Services, then the Fees for those Supplies or Services, together with all reasonable costs as determined by Telequip incurred by Telequip arising from the Customer's refusal to accept delivery (including any transport, inventory and storage costs) will become payable by the Customer on demand.
4.5 The Customer may be required to do the following prior to Telequip providing the Products:
(a) provide proof of identification to Our requisite standard;
(b) enter into a hard-copy format of these Terms and Conditions;
(c) sign any other requisite documents;
(d) fulfil any other request made by Telequip.