Common use of Delivery and Storage of Products Clause in Contracts

Delivery and Storage of Products. 6.1. The Company, at its own cost and expense, will dispatch Products to the Distributor by such carrier as the Company may deem fit. The Products shall be dispatched to the Distributor's address mentioned herein or to such other address as the Distributor shall from time to time notify to the Company as its delivery address within the Territory. The issue/acceptance of Lorry Receipt (LR)/Goods receipt (GR) note by the Distributor to the transporters shall constitute due acknowledgement of the quantity of the Products mentioned therein and same shall be inspected by the Distributor to verify the goods are in good condition to resell. Incidence of damaged goods/short supply is to be brought to the notice of the Company within two (2) hours from the time of taking delivery of the Products and the same is to be mentioned in LR/GR countersigned by the transporters failing which no claim on such accounts shall be entertained by the Company. Subject to the foregoing, if the Distributor does not inform the Company about the shortage or damaged goods within 2 hours of Product receipt, it will be deemed as no shortage or damages of the units of any Products so supplied. 6.2. The Distributor shall take delivery of the Products and make transporter free within maximum twenty four (24) from the time transporter reaches to the Distributor’s delivery location. In case of any delay by the Distributor in unloading the Products, the Distributor shall pay INR 3,000/- (Rupees Three Thousand) per day or part thereof as demurrage charges. The Distributor agrees to pay such cost immediately, without any demur or protest. 6.3. The Distributor shall at all times maintain an adequate, suitable and clean warehouse/godown located at such place which provides easy ingress for the movement of vehicles carrying stock of Products and shall also have sufficient parking space for the purpose of unloading Products. 6.4. The Distributor shall maintain best hygiene conditions at its storage locations. For this, the Distributor shall endeavor that the said storage locations are free from pests, insects, theft, burglary, pilferage and damage whatsoever and shall be responsible for ensuring that the Products reach the Buyers in proper and good conditions. 6.5. Additionally the Distributor shall also be required to fulfill all the Company’s policies or instructions given by the Company from time to time in relation to delivery and storage of Products including providing the required space for the staff located at the Distributor’s premises with telephone and computer facility as required. 6.6. The Distributor agrees to maintain and provide sufficient delivery vehicles for delivery of the Products from its godown/warehouse to the Buyers within the Territory, at its own cost and expense. 6.7. The Distributor will not sell any Product beyond the shelf life of the Product as declared on the label. 6.8. The Company shall bear all cost in relation to carriage and transportation and insurance in respect of the Products, from the Company’s factory units/godown to the Distributor godown/warehouse. However, the Company reserves the right to pass on the cost of carriage and transportation and insurance to the Distributor after giving prior intimation. 6.9. If the Distributor is in default in the performance or observance of any of its obligations under this Agreement, the Company shall be entitled, for so long as such default continues (but without prejudice to its other rights under this Agreement), to withhold delivery of Products to the Distributor notwithstanding that orders for Products have been accepted by the Company.

Delivery and Storage of Products. 6.1. The Company, at its own cost and expense, will dispatch Products to the Distributor Super Stockist by such carrier as the Company may deem fit. The Products shall be dispatched to the DistributorSuper Stockist's address mentioned herein or to such other address as the Distributor Super Stockist shall from time to time notify to the Company as its delivery address within the Territory. The issue/acceptance of Lorry Receipt (LR)/Goods receipt (GR) note by the Distributor Super Stockist to the transporters shall constitute due acknowledgement of the quantity of the Products mentioned therein and same shall be inspected by the Distributor Super Stockist to verify the goods are in good condition to resell. Incidence of damaged goods/short supply is to be brought to the notice of the Company within two (2) hours from the time of taking delivery of the Products and the same is to be mentioned in LR/GR countersigned by the transporters failing which no claim on such accounts shall be entertained by the Company. Subject to the foregoing, if the Distributor Super Stockist does not inform the Company about the shortage or damaged goods within 2 hours of Product receipt, it will be deemed as no shortage or damages of the units of any Products so supplied. 6.2. The Distributor Super Stockist shall take delivery of the Products and make transporter free within maximum twenty four (24) from the time transporter reaches to the DistributorSuper Stockist’s delivery location. In case of any delay by the Distributor Super Stockist in unloading the Products, the Distributor Super Stockist shall pay INR 3,000/- (Rupees Three Thousand) per day or part thereof as demurrage charges. The Distributor Super Stockist agrees to pay such cost immediately, without any demur or protest. 6.3. The Distributor Super Stockist shall at all times maintain an adequate, suitable and clean warehouse/godown located at such place which provides easy ingress for the movement of vehicles carrying stock of Products and shall also have sufficient parking space for the purpose of unloading Products. 6.4. The Distributor Super Stockist shall maintain best hygiene conditions at its storage locations. For this, the Distributor Super Stockist shall endeavor that the said storage locations are free from pests, insects, theft, burglary, pilferage and damage whatsoever and shall be responsible for ensuring that the Products reach the Buyers in proper and good conditions. 6.5. Additionally Additionally, the Distributor Super Stockist shall also be required to fulfill all the Company’s policies or instructions given by the Company from time to time in relation to delivery and storage of Products including providing the required space for the staff located at the DistributorSuper Stockist’s premises with telephone and computer facility as required. 6.6. The Distributor Super Stockist agrees to maintain and provide sufficient delivery vehicles for delivery of the Products from its godown/warehouse to the Buyers within the Territory, at its own cost and expense. 6.7. The Distributor Super Stockist will not sell any Product beyond the shelf life of the Product as declared on the label. 6.8. The Company shall bear all cost in relation to carriage and transportation and insurance in respect of the Products, from the Company’s factory units/godown to the Distributor Super Stockist godown/warehouse. However, the Company reserves the right to pass on the cost of carriage and transportation and insurance to the Distributor Super Stockist after giving prior intimation. 6.9. If the Distributor Super Stockist is in default in the performance or observance of any of its obligations under this Agreement, the Company shall be entitled, for so long as such default continues (but without prejudice to its other rights under this Agreement), to withhold delivery of Products to the Distributor Super Stockist notwithstanding that orders for Products have been accepted by the Company.