Common use of Non Delivery Clause in Contracts

Non Delivery. (a) The quantity of any installment of Products 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 Products (even if caused by Seller's negligence) unless Buyer gives written notice to Seller of the non-delivery within five (5) days of the date when the Products would in the ordinary course of events have been received. (c) Any liability of Seller for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or adjusting the invoice respecting such Products to reflect the actual quantity delivered.

Appears in 2 contracts

Sources: Purchase Agreement, Purchase Agreement

Non Delivery. (a) The quantity of any installment of Products 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 Products Goods (even if caused by Seller's negligence) unless Buyer ▇▇▇▇▇ gives written notice to Seller of the non-non- delivery within five (5) days of the date when the Products Goods would in the ordinary course of events have been received. (c) Any liability of Seller for non-delivery of the Products Goods shall be limited to replacing the Products Goods within a reasonable time or adjusting the invoice respecting such Products Goods to reflect the actual quantity delivered.

Appears in 1 contract

Sources: Aftermarket Terms of Sale

Non Delivery. (a) The quantity of any installment of Products 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 Products Goods (even if caused by Seller's negligence) unless Buyer ▇▇▇▇▇ gives written notice to Seller of the non-delivery within five three (53) days of the date when the Products Goods would in the ordinary course of events have been received. (c) Any liability of Seller for non-delivery of the Products Goods shall be limited to replacing the Products Goods within a reasonable time or adjusting the invoice respecting such Products Goods to reflect the actual quantity delivered.

Appears in 1 contract

Sources: General Terms and Conditions for the Sale of Goods

Non Delivery. (a) The quantity of any installment of Products 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 Products Goods (even if caused by Seller's ’s negligence) unless Buyer ▇▇▇▇▇ gives written notice to Seller of the non-delivery within five (5) 7 days of the date when the Products Goods would in the ordinary course of events have been received. (c) Any liability of Seller for non-delivery of the Products Goods shall be limited to replacing the Products Goods within a reasonable time or adjusting the invoice respecting such Products Goods to reflect the actual quantity delivered.

Appears in 1 contract

Sources: General Terms and Conditions

Non Delivery. (a) The quantity of any installment of Products 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-non- delivery of Products (even if caused by Seller's ’s negligence) unless Buyer ▇▇▇▇▇ gives written notice to Seller of the non-delivery within five ten (510) days of the date when the Products would in the ordinary course of events have been received. (c) . Any liability of Seller for non-delivery of the Products shall be limited to replacing the Products within a reasonable time or adjusting the invoice respecting such Products to reflect the actual quantity delivered.

Appears in 1 contract

Sources: Terms and Conditions of Sale

Non Delivery. (a) a. The quantity of any installment of Products 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) b. The Seller shall not be liable for any non-delivery of Products Goods (even if caused by Seller's negligence) unless Buyer ▇▇▇▇▇ gives written notice to Seller of the non-delivery within five (5) days of the date when the Products Goods would in the ordinary course of events have been received. (c) c. Any liability of Seller for non-delivery of the Products Goods shall be limited to replacing the Products Goods within a reasonable time or adjusting the invoice respecting such Products Goods to reflect the actual quantity delivered.

Appears in 1 contract

Sources: Sales Contracts

Non Delivery. (a) The quantity of any installment instalment of Products 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 Products Goods (even if caused by Seller's negligence) unless Buyer ▇▇▇▇▇ gives written notice to Seller of the non-delivery within five (5) days 24 hours of the date when the Products Goods would in the ordinary course of events have been received. (c) Any liability of Seller for non-delivery of the Products Goods shall be limited to replacing the Products Goods within a reasonable time or adjusting the invoice respecting such Products Goods to reflect the actual quantity delivered.

Appears in 1 contract

Sources: Terms and Conditions of Sale