Common use of PERFORMANCE AND DELIVERY Clause in Contracts

PERFORMANCE AND DELIVERY. The date for Goods and Services shall be that specified in the Purchase Order. Time shall be of the essence and the Supplier shall be responsible for any loss the Customer suffers because of late Goods and Services. Delivery of any Goods and Services may only be made in instalments if specified in the Purchase Order. Goods and Services shall be delivered in normal business hours to the Customer’s places of business as specified in Schedule 2 (Specification) or such other place and/or time for delivery identified by the Customer prior to delivery. The Supplier must separately number all cases, packages or items. The Supplier shall submit an itemised packing list or delivery note on delivery showing the packing numbers and the Customer’s Purchase Order Number. The parties agree that electronic proof of delivery systems shall be used and any electronic records produced by such a system shall have the same effect and satisfy each party’s contractual obligations, as if they were a hard copy delivery note. The property and risk in the Goods shall remain with the Supplier until they are delivered in accordance with the terms of the Agreement and shall transfer to the Customer upon delivery in accordance with its terms. The Supplier shall be responsible for insuring the Goods in transit, during delivery, and unloading. At the Customer’s request, the Supplier shall disclose to the Customer data on the quantities, products, volumes-over-time and pricing and pricing histories of any Goods or Services previously supplied to the Customer. Such data shall be supplied to the Customer in industry-standard, itemised electronic format.

PERFORMANCE AND DELIVERY. 6.1 The date for Goods and Services shall be that specified in the Purchase Order. Time shall be of the essence and the Supplier shall be responsible for any loss the Customer suffers because of late Goods and Services. . 6.2 Delivery of any Goods and Services may only be made in instalments if specified in the Purchase Order. . 6.3 Goods and Services shall be delivered in normal business hours to the Customer’s places of business as specified in Schedule 2 (Specification) or such other place and/or time for delivery identified by the Customer prior to delivery. The Supplier must separately number all cases, packages or items. The Supplier shall submit an itemised packing list or delivery note on delivery showing the packing numbers and the Customer’s Purchase Order Number. . 6.4 The parties agree that electronic proof of delivery systems shall be used and any electronic records produced by such a system shall have the same effect and satisfy each party’s contractual obligations, as if they were a hard copy delivery note. . 6.5 The property and risk in the Goods shall remain with the Supplier until they are delivered in accordance with the terms of the Agreement and shall transfer to the Customer upon delivery in accordance with its terms. The Supplier shall be responsible for insuring the Goods in transit, during delivery, and unloading. . 6.6 At the Customer’s request, the Supplier shall disclose to the Customer data on the quantities, products, volumes-over-time and pricing and pricing histories of any Goods or Services previously supplied to the Customer. Such data shall be supplied to the Customer in industry-standard, itemised electronic format.