Common use of General Delivery Terms Clause in Contracts

General Delivery Terms. 2.1.1 Unless otherwise agreed in the Contract, delivery of the Goods shall be made by road tanker or rail tank car, not unloaded, at the Place of Destination. 2.1.2 If the means of transport is not agreed in advance, Seller may, at its discretion, choose a means of transport suitable for delivery of the Goods to the Place of Destination and Buyer hereby unconditionally accepts the means of transport chosen by Seller and waives any and all claims in this regard. 2.1.3 Seller shall use its reasonable endeavours to deliver the Goods on the date or within the timeframe as specified in the Contract. Time of delivery shall not be of the essence and Seller shall not be liable to Buyer for any loss or damage caused by a delay in delivery of the Goods. Seller shall keep Buyer informed of any material variation from the agreed delivery times. If Seller has failed to deliver the Nominated Quantity of the Goods (taking into account Seller’s delivery tolerance pursuant to Article 4.1.2) within the agreed period for any reason, the Parties shall use reasonable endeavours to agree revised delivery terms for the outstanding quantity of the Goods. If Seller has failed to deliver the outstanding quantity of the Goods within ninety (90) days of the agreed original delivery date, either Party shall have a right to terminate delivery of that shipment of the Goods without any further liability to the other Party for such delay and Buyer agrees that such termination right shall be Buyer’s sole remedy for Seller’s failure to deliver that shipment on the specified date. In the event of a prepayment pursuant to Article 3.2.1, if a Party terminates a delivery in accordance with this Article 2.1.3, Seller shall within ten (10) Business Days return to Buyer the actual amount of prepayment received from Buyer corresponding to the quantity of the Goods whose delivery was terminated pursuant to this Article 2.1.

General Delivery Terms. 2.1.1 Unless otherwise agreed in the Contract, delivery of the Goods shall be made by road tanker or rail tank car, not unloaded, at the Place of Destination. 2.1.2 If the means of transport is not agreed in advance, Seller may, at its discretion, choose a means of transport suitable for delivery of the Goods to the Place of Destination and Buyer hereby unconditionally accepts the means of transport chosen by Seller and waives any and all claims in this regard. 2.1.3 Seller shall use its reasonable endeavours to deliver the Goods on the date or within the timeframe as specified in the Contract. Time of delivery shall not be of the essence and Seller shall not be liable to Buyer for any loss or damage caused by a delay in delivery of the Goods. Seller shall keep Buyer informed of any material variation from the agreed delivery times. If Seller ▇▇▇▇▇▇ has failed to deliver the Nominated Quantity of the Goods (taking into account Seller’s delivery tolerance pursuant to Article 4.1.2) within the agreed period for any reason, the Parties shall use reasonable endeavours to agree revised delivery terms for the outstanding quantity of the Goods. If Seller has failed to deliver the outstanding quantity of the Goods within ninety (90) days of the agreed original delivery date, either Party shall have a right to terminate delivery of that shipment of the Goods without any further liability to the other Party for such delay and Buyer agrees that such termination right shall be Buyer’s sole remedy for Seller’s failure to deliver that shipment on the specified date. In the event of a prepayment pursuant to Article 3.2.1, if a Party terminates a delivery in accordance with this Article 2.1.3, Seller shall within ten (10) Business Days return to Buyer the actual amount of prepayment received from Buyer corresponding to the quantity of the Goods whose delivery was terminated pursuant to this Article 2.1.