Common use of Despatch and Delivery Clause in Contracts

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.

Despatch and Delivery. Delivery a) Whilst the Company will use all reasonable endeavors to keep any stated despatch or delivery date, such date is approximate only and the Company accepts no liability whatsoever for any loss or damage resulting from the delay howsoever the same shall have been caused. b) Notwithstanding that the stated price may include the cost of Goods carriage from the Company’s premises, delivery shall be deemed Ex-Works (Incoterm 2010) Company’s premises. c) The Purchaser shall keep the goods fully insured in their full replacement value against all risks prudently insured. lf the Purchaser fails to occur when insure, the Goods are accepted Company may do so instead on behalf of the Purchaser, who shall reimburse the Company on demand. Until the full price has been paid the Purchaser shall hold in accordance with clause 13. The Goods, properly packed trust for the Company the policy 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 proceeds of insurance. d) Title to the place or places and at goods will pass to the time or times and Purchaser upon payment in full. e) The Company will send to the manner specified in the Order. Advice notes (which must show, inter alia, the Order number, Purchaser a note stating the date on which the goods have been despatched from the Company's premises ("Advice of Despatch Note"). lf the Order, the number of packages and the contents) will be supplied with the Goods. If the Goods or any portion thereof goods are not delivered or upon delivery are found to be damaged or short, the Services Company shall not in any event be liable for any loss (including loss of profit), costs, damages, charges or any portion thereof are not performed within the time expenses caused directly or times specified indirectly, except in the Order (case of short or any extension of such time damaged delivery the Purchaser gives the Company or times agreed its representative(s) a reasonable opportunity to by inspect 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, goods concerned in the opinion of the Buyer, canstate and condition and location in which they were delivered. The Purchaser may not be exploited reject any goods by reason of short delivery. f) The Purchaser must take delivery of all goods when delivered to him by the non-Company. lf the Purchaser fails to take delivery of such goods, goods remaining in the Company’s hands shall be at the Purchaser's risk, the goods will be deemed to have been delivered, and the Company may store the goods until the Purchaser takes delivery of the Goods and/or non-performance goods, whereupon the Purchaser will be liable for all related costs (including but without Imitation storage and insurance). lf the Purchaser fails to take delivery of the Services goods within thirty (30) days from the date of despatch as aforesaid. On such termination stated on the Buyer shall return to Advice of Despatch Note, the Seller, at the Seller’s risk and expense, purchase price together with 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 storage charge or other costs incurred by the Buyer Company shall thereupon become immediately due and payable. g) The Company may deliver the goods by instalments, each instalment to be deemed to be a separate contract. Without limiting the other provisions herein, no failure or defect in delivery in respect of such Goods and/or Services and compensating any contract or instalment shall enable the Buyer for Purchaser to repudiate or cancel 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 other contract or performed or notinstalment.

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 in writing 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.