Non Delivery. (a) The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary. (b) Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within 2 days of the date when the Goods would in the ordinary course of events have been received. (c) Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered. (d) ▇▇▇▇▇ acknowledges and agrees that the remedies set forth in Section 3 are ▇▇▇▇▇'s exclusive remedies for any non-delivery of Goods.
Appears in 2 contracts
Sources: General Terms and Conditions, General Terms and Conditions
Non Delivery. (a) The quantity of any installment of the Goods as recorded by Seller on dispatch from Seller's ’s place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
(b) Seller shall not be liable for any non-delivery of the Goods (even if caused by Seller's ▇▇▇▇▇▇’s negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within 2 days one day of the date when the Goods would in the ordinary course of events have been received.
(c) Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
(d) ▇▇▇▇▇ acknowledges and agrees that the remedies set forth in Section 3 are ▇▇▇▇▇'s exclusive remedies for any non-delivery of Goods.
Appears in 2 contracts
Sources: Terms and Conditions of Sale, Terms and Conditions of Sale
Non Delivery. (a) 2.1 The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's place of business Shipment Point (as defined in Section 4) is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
(b) 2.2 Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless ▇▇▇▇▇ Buyer gives written notice to Seller of the non-delivery within 2 days [* * *] of the date when the Goods would in the ordinary course of events have been received.
(c) 2.3 Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
(d) ▇▇▇▇▇ acknowledges and agrees that the remedies set forth in Section 3 are ▇▇▇▇▇'s exclusive remedies for any non-delivery of Goods.
Appears in 1 contract
Sources: Strategic Supply Agreement (Kindred Biosciences, Inc.)
Non Delivery. (a) The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's ’s place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
(b) . Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's ’s negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within 2 two (2) days of the date when the Goods would in the ordinary course of events have been received.
(c) . Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
(d) . ▇▇▇▇▇ acknowledges and agrees that the remedies set forth in Section 3 are ▇▇▇▇▇'s ’s exclusive remedies for any non-non- delivery of Goods.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Non Delivery. (a) The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
(b) Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within 2 three (3) days of the date when the Goods would in the ordinary course of events have been received.
(c) Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
(d) ▇▇▇▇▇ acknowledges and agrees that the remedies set forth in Section 3 are ▇▇▇▇▇'s exclusive remedies for any non-delivery of Goods.
Appears in 1 contract
Sources: General Terms and Conditions for Sale of Goods and Services
Non Delivery. (a) The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
(b) The Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-non- delivery within 2 10 days of after the date when the Goods would in the ordinary course of events have been received.
(c) Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
(d) ▇▇▇▇▇ acknowledges and agrees agree that the remedies set forth in Section 3 are ▇▇▇▇▇'s ’s exclusive remedies for any non-delivery of Goods.
Appears in 1 contract
Non Delivery.
(a) The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
(b) Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within 2 120 days of the date when the Goods would in the ordinary course of events have been received.
(c) Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
(d) ▇▇▇▇▇ acknowledges and agrees that the remedies set forth in Section 3 are ▇▇▇▇▇'s exclusive remedies for any non-delivery of Goods.
Appears in 1 contract
Sources: Terms and Conditions
Non Delivery. (a) The quantity of any installment of Goods as recorded by Seller ▇▇▇▇ on dispatch from Seller's ▇▇▇▇’▇ place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide conclusive evidence proving the contrary.
(b) Seller ▇▇▇▇ shall not be liable for any non-delivery of Goods (even if caused by Seller's ▇▇▇▇’▇ negligence) unless ▇▇▇▇▇ gives written notice to Seller ▇▇▇▇ of the non-delivery within 2 five (5) days of the date when the Goods would in the ordinary course of events have been received.
(c) Any liability of Seller ▇▇▇▇ for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
(d) ▇▇▇▇▇ acknowledges and agrees that the remedies set forth in Section 3 are ▇▇▇▇▇'s ’s exclusive remedies for any non-delivery of Goods.
Appears in 1 contract
Sources: General Terms and Conditions for the Sale of Goods and Services
Non Delivery.
(a) The quantity of any installment of Goods as recorded by Seller on dispatch from Seller's place of business is conclusive evidence of the quantity received by Buyer on delivery unless Buyer can provide within seven (7) days of delivery conclusive evidence proving the contrary.
(b) Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's negligence) unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within 2 seven (7) days of the date when the Goods would in the ordinary course of events have been received.
(c) Any liability of Seller for non-delivery of the Goods shall be limited to replacing the Goods within a reasonable time or adjusting the invoice respecting such Goods to reflect the actual quantity delivered.
(d) ▇▇▇▇▇ acknowledges and agrees that the remedies set forth in this Section 3 2 are ▇▇▇▇▇'s exclusive remedies for any non-delivery of Goods.
Appears in 1 contract
Sources: Terms and Conditions