Despatch and Delivery Clause Samples

The 'Despatch and Delivery' clause defines the obligations and procedures for sending and receiving goods under a contract. It typically specifies when and how goods must be shipped, the point at which risk and ownership transfer to the buyer, and any requirements for delivery documentation or notification. For example, it may require the seller to deliver goods to a particular location by a certain date or to use a specified carrier. This clause ensures both parties are clear on their responsibilities regarding the timing, method, and conditions of delivery, thereby reducing the risk of disputes over late, incomplete, or improperly delivered goods.
Despatch and Delivery. Delivery of Goods shall be deemed to occur when the Goods are accepted in accordance with clause 13. The Goods, properly packed and secured in such a manner as to reach their destination in good condition, shall be delivered by the Seller at or despatched for delivery to the place or places and at the time or times and in the manner specified in the Order. Advice notes (which must show, inter alia, the Order number, the date of the Order, the number of packages and the contents) will be supplied with the Goods. If the Goods or any portion thereof are not delivered or the Services or any portion thereof are not performed within the time or times specified in the Order (or any extension of such time or times agreed to by the Buyer) the Buyer shall, without prejudice to its rights under clause 17.2, be entitled to terminate the Order so far as it relates to the Goods and/or Services undelivered as aforesaid and, further, so far as it relates to any other Goods already delivered or Services already performed which, in the opinion of the Buyer, cannot be exploited by reason of the non-delivery of the Goods and/or non-performance of the Services as aforesaid. On such termination the Buyer shall return to the Seller, at the Seller’s risk and expense, any of the Goods already delivered which cannot be exploited as aforesaid, subject to the Seller prior thereto refunding to the Buyer any monies paid by the Buyer in respect of such Goods and/or Services and compensating the Buyer for any additional expenditure incurred by the Buyer in obtaining alternative goods and/or services in replacement of those in respect of which the Order has been terminated, whether delivered or performed or not.
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Despatch and Delivery. 7.1 Any time or date quoted by Seller for delivery of Goods or performance of Services is given and intended as an estimate only and subject to availability of stock or availability of labour. Seller shall not be liable in any circumstances for any loss or damage of any kind caused by a failure to deliver or perform within such time. 7.2 Unless otherwise agreed in writing, Seller is entitled to make deliveries by instalments or partial deliveries. Each instalment shall be construed as constituting a separate contract to which all the provisions of these Conditions shall (with any necessary alterations) apply. 7.3 Any delay in delivery or defect in an instalment shall not entitle Buyer to cancel any other instalment. 7.4 Buyer shall take delivery of the Goods promptly upon the delivery date or dates or at the intervals stated in the Contract or as soon thereafter as Buyer is notified by Seller that the Goods are available for delivery. If for any reason Buyer fails to call off or give delivery instructions, or take delivery of the Goods on the due date, or upon receipt of such notification, or otherwise causes or requests a delay in delivery, then, without prejudice to any other rights of Seller hereunder, Seller shall be entitled to store or arrange for the storage of the Goods and if it does so: 7.4.1 it shall so inform Buyer in writing; 7.4.2 Buyer shall pay or reimburse the reasonable costs (including insurance) of such storage from the due date, or the date of notification as aforesaid, until delivery to Buyer; and 7.5 If 30 days after the day on which Seller notified Buyer that the Goods were ready for delivery, Buyer has not taken delivery of them, Seller may resell or otherwise dispose of part or all of the Goods and, charge Buyer for any shortfall below the quoted or list (as applicable) price of the Goods.
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Despatch and Delivery. 6.1. The estimated dispatch time for the full truck order is about two weeks and ten to fifteen days for delivery time under normal conditions; however the Company is not responsible for the estimated time of arrival given by the third parties (transportation companies). . The responsibilities’ not being covered by the transport agency (i.e. being on hold in the customs, accident, and different route schedule etc.) shall not be covered by the Company. 6.2. The Company shall not be liable neither for any loss (including loss of profit), costs, damages, charges, expenses caused 6.3. In any case that the Customer shall not accept delivery of the Goods when they are ready for delivery, or if the Company is 6.4. Unless otherwise provided in the Contract, delivery shall be to the Customer’s premises. 6.5. Unless otherwise provided in the Contract, the price of the goods does not include the cost off-loading the goods, which shall be arranged by the Customer and performed at his sole expense and risk.
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Despatch and Delivery. 7.1 The Company will use reasonable endeavours to deliver on the dates or to any programme of dates agreed, but delivery dates cannot be guaranteed and time of delivery is not of the essence of the Contract. 7.2 The Company will deliver by the method of its choice, unless otherwise agreed, to the address specified by you. You will be responsible for the costs of delivery. 7.3 Any failure by the Company to make any one delivery shall not entitle you to terminate the Contract as to any remaining deliveries.
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Despatch and Delivery even with partial deliveries- take place from company headquarters and at the expense of the customer.
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Despatch and Delivery. 5.1 Delivery shall be deemed to occur and the risk of loss of or damage to any Goods shall pass to the Buyer in accordance with the applicable Incoterms®. Unless otherwise agreed in writing upon between the Buyer and the Company, the applicable delivery term shall be FCA Incoterms® 2020 Company´s named facility. 5.2 Where any sale of Goods would be eligible for exemption from Irish value added tax ("VAT") it is the Buyer's duty to comply with the necessary conditions, such as furnishing the Company with its national VAT registration number and/or proof of export from Ireland. If it does not comply with such conditions the Company will charge VAT in addition, in accordance with clause 4.2. 5.3 In the event that the Company shall at the specific request of the Buyer store the Goods then the Buyer shall pay the Company such reasonable charges as the Company may request on account thereof. Carriage of Goods is wholly for the Buyer's risk and account, but shall be arranged by Company and the transportation costs invoiced to the Buyer. Without prejudice to the foregoing, if any of the Services are to be provided by a carrier or other third party or the Goods are delivered wholly or partly by a party other than the Company, the Company shall, in arranging for the provision of the same, act only as the agent of the Buyer and the Buyer shall indemnify the Company against any costs, charges or expenses thereby incurred by the Company.
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Despatch and Delivery. 5.1. Delivery shall be deemed to occur and the risk of loss of or damage to any Goods shall pass to the Buyer in accordance with the applicable Incoterms®. Unless otherwise agreed in writing upon between the Buyer and the Company, the applicable delivery term shall be FCA Incoterms® 2010 Company´s named facility. 5.2. Where any sale of Goods would be eligible for exemption from United Kingdom value added tax ("VAT") it is the Buyer's duty to comply with the necessary conditions, such as furnishing the Company with its national VAT registration number and/or proof of export from the United Kingdom. If it does not comply with such conditions the Company will charge VAT in addition, in accordance with clause 4.2. 5.3. In the event that the Company shall at the specific request of the Buyer store the Goods then the Buyer shall pay the Company such reasonable charges as the Company may request on account thereof. Carriage of Goods is wholly for the Buyer's risk and account, but shall be arranged by Company and the transportation costs invoiced to the Buyer. Without prejudice to the foregoing, if any of the services are to be provided by a carrier or other third party or the Goods are delivered wholly or partly by a party other than the Company, the Company shall, in arranging for the provision of the same, act only as the agent of the Buyer and the Buyer shall indemnify the Company against any costs, charges or expenses thereby incurred by the Company.
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Despatch and Delivery even with partial deliveries- take place from company headquarters and at the expense of the customer. In the absence of specific instructions, we despatch goods in the way which seems most suitable to us. Deliveries are insured on request of the customer in his name and at his expense.
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Despatch and Delivery. 4.1 The Company will endeavour to adhere to any stated despatch or delivery date, but any such date is a business estimate only and the Buyer agrees that the Company shall have no liability for any loss or damage whatever and however caused resulting from any delay. 4.2 The risk in the Goods shall pass to the Buyer upon delivery to the carriers for transport to the Buyer, or where carriage is effected by the Company upon despatch of the Goods, and the Company shall not have any liability whatever for any loss or damage or deterioration to the Goods caused arising either during transit or at any other time after the risk has passed to the Buyer and the Buyer should therefore be insured accordingly. 4.3 The Company may, at its absolute discretion, postpone delivery of the Goods at the request of the Buyer in which case the Buyer shall make payment as if the Goods were delivered and invoiced on the date of such request. The Company may store the Goods at its own premised or elsewhere at the Buyer’s sole risk and all storage, insurance and transport charges and all other costs arising from postponement of delivery shall be payable by the Buyer.
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Related to Despatch and Delivery

  • Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.

  • Shipping and Delivery a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor’s until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge. b. All deliveries will be “Inside Deliveries” as designated by a representative of the Purchasing Entity placing the Order. Inside Delivery refers to a delivery to other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order form or Purchase Order. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Contractor. If damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order. c. All products must be delivered in the manufacturer’s standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the commodity, brand, quantity, item code number and the Purchasing Entity’s Purchase Order number.

  • Payment and Delivery Payment for the Option Shares shall be made on the Option Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery to you of certificates (in form and substance satisfactory to the Underwriters) representing the Option Shares (or through the facilities of DTC) for the account of the Underwriters. The Option Shares shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least one (1) full Business Day prior to the Option Closing Date. The Company shall not be obligated to sell or deliver the Option Shares except upon tender of payment by the Representative for applicable Option Shares.

  • Notices and Delivery Unless otherwise specifically provided herein, any consent, notice or other communication herein required or permitted to be given shall be in writing and may be personally served, telecopied or sent by courier service or United States mail and shall be deemed to have been given when delivered in person or by courier service, upon receipt of a telecopy (or on the next Business Day if such telecopy is received on a non-Business Day or after 5:00 p.m. (at the office of the recipient) on a Business Day) or four (4) Business Days after deposit in the United States mail (registered or certified, with postage prepaid and properly addressed). Notices to Agent pursuant to ARTICLE II shall not be effective until received by Agent. For the purposes hereof, the addresses of the parties hereto (until notice of a change thereof is delivered as provided in this SECTION 12.6) shall be as set forth below each party's name on the signature pages hereof, or, as to each party, at such other address as may be designated by such party in a written notice to all of the other parties. All deliveries to be made to Agent for distribution to the Lenders shall be made to Agent at the addresses specified for notice on the signature page hereto and in addition, a sufficient number of copies of each such delivery shall be delivered to Agent for delivery to each Lender at the address specified for deliveries on the signature page hereto or such other address as may be designated by Agent in a written notice.

  • Telecopy Execution and Delivery A facsimile, telecopy or other reproduction of this Agreement may be executed by one or more parties hereto and delivered by such party by facsimile or any similar electronic transmission device pursuant to which the signature of or on behalf of such party can be seen. Such execution and delivery shall be considered valid, binding and effective for all purposes. At the request of any party hereto, all parties hereto agree to execute and deliver an original of this Agreement as well as any facsimile, telecopy or other reproduction hereof.