Common use of Non Delivery Clause in Contracts

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 one day of the date when the Goods would in the ordinary course of events have been received. (c) At Seller's sole discretion, 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 the delivery of Nonconforming Goods. Except as provided under Section 3(c), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Appears in 4 contracts

Sources: Terms and Conditions, Terms and Conditions, 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 ▇▇▇▇▇ Buyer gives written notice to Seller of the non-non- delivery within one day 3 Business days of the date when the Goods would in the ordinary course of events have been received. (c) At Seller's sole discretion, any 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) ▇▇▇▇▇ Buyer acknowledges and agrees that the remedies set forth in Section 3 are ▇▇▇▇▇Buyer's exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 3(c), all sales of Goods to Buyer are made on a one-one- way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Appears in 1 contract

Sources: Master Price Agreement

Non Delivery. (a) The quantity of any installment instalment 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 one day 10 days of the date when the Goods would in the ordinary course of events have been received. (c) At Seller's sole discretion, any 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 the delivery of Nonconforming GoodsNon- Conforming Goods (as defined in Section 7(a) below). Except as provided under Section 3(c), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

Appears in 1 contract

Sources: Terms and Conditions of Sale

Non Delivery. (a) The quantity of any installment instalment 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) The Seller shall not be liable for any non-delivery of Goods (even if caused by Seller's ’s negligence) unless ▇▇▇▇▇ Buyer gives written notice to Seller of the non-delivery within one day two (2) days of the date when the Goods would in the ordinary course of events have been received. (c) At Seller's sole discretion, any 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) ▇▇▇▇▇ Buyer acknowledges and agrees that the remedies set forth in this Section 3 5 are ▇▇▇▇▇'s Buyer’s exclusive remedies for the delivery of Nonconforming Non-Conforming Goods. Except as provided under Section 3(c5(c), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to Seller.

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 ’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) Goods, EVEN IF CAUSED BY SELLER’S NEGLIGENCE, unless ▇▇▇▇▇ gives written notice to Seller of the non-delivery within one day five (5) business days of the date when the Goods would have been received in the ordinary course of events have been receivedevents. (c) At Seller's sole discretion, any 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 are ▇▇▇▇▇'s ’s exclusive remedies for the delivery of Nonconforming Goods. Except as provided under Section 3(c), all sales of Goods to Buyer are made on a one-way basis and Buyer has no right to return Goods purchased under this Agreement to SellerSeller any of the Goods.

Appears in 1 contract

Sources: General Terms and Conditions for the Sale of Goods and Services