SUPPLY AND DELIVERY Clause Samples
The SUPPLY AND DELIVERY clause defines the obligations and procedures related to providing and transporting goods or materials under a contract. It typically specifies the timeline for delivery, the location where goods must be delivered, and any requirements for packaging, shipping, or inspection upon arrival. This clause ensures that both parties understand when and how goods will be supplied, helping to prevent disputes over late or incomplete deliveries and clarifying responsibilities for logistics and risk of loss during transit.
POPULAR SAMPLE Copied 15 times
SUPPLY AND DELIVERY. 6.1 The Customer may at any time during the Contract Period order Goods from the Supplier by giving an Order to the Supplier and the Supplier shall supply such Goods in accordance with the Customer’s Order.
6.2 Each Order shall:
6.2.1 be given in writing or provided orally. The supplier must maintain an audit trail of all orders received.
6.2.2 specify the type and quantity of the Goods ordered; and
6.2.3 specify the date [by OR on] which the Order is to be delivered (the “Delivery Date”) and the delivery location (the “Delivery Location”).
6.3 The Customer shall assign an Order Number to each Order and notify such Order Numbers to the Supplier. Each Party shall use the relevant Order Number in all subsequent correspondence relating to the Order.
6.4 The Supplier shall, at its own expense and risk, supply and deliver each Order to the Delivery Location [on OR by] the Delivery Date, in accordance with the provisions of this Agreement and the relevant Order.
6.5 Delivery of an Order shall be complete on the completion of unloading of the Order at the Delivery Location stated in the Order. In the event that the Customer has elected to collect the Goods, the Order shall be complete when the Goods are loaded onto the Customer’s vehicle.
6.6 Except where otherwise provided in the Order, delivery shall include the unloading, stacking or installation of the Goods by the Supplier or the Staff at such place as the Customer or other duly authorised person shall reasonably direct.
6.7 Each Order shall be accompanied by a delivery note or delivery notes giving full particulars thereof, quoting the Order Number, the date of the Order and the type and quantity of Goods included in the Order. Where the Goods are to be supplied by weight and are not weighed at the place of delivery, the Supplier shall provide to the Customer at the time of delivery a weight ticket.
6.8 Where the Goods are sold by weight, the weight of all packing materials shall be deducted from the gross weight of the Goods and the Customer shall pay only for the net weight thereof and shall not be liable for the return of any such packing materials.
6.9 At any time prior to despatch of the Goods, the Customer may cancel or amend any of the requirements set out in an Order including, but not limited to, any of the following:
22.8.1 the quantity of the Goods required;
22.8.2 the Delivery Date; and/or
22.8.3 the Delivery Location;
6.10 If the Customer amends or cancels an Order pursuant to Clause 6.9, its l...
SUPPLY AND DELIVERY. 4.1. All Works shall be deemed to have been supplied when notified by the Company. The Customer shall immediately upon receipt of Goods supplied fully inspect such Goods and satisfy itself that the Goods are correct.
4.2. If you claim that some Works have not been supplied (or have been supplied incorrectly), you must notify the Company in writing within 14 days of notification of supply.
4.3. Delivery of Goods shall be deemed to be effected by the Company delivering the Goods to the delivery address nominated by the Customer.
4.4. Goods will not be accepted for return for credit without the Company’s prior approval.
4.5. Goods shall only be returned to the Company with its prior written consent and within 14 days after delivery. Should the Company discover that the Goods are not defective, the Company may charge the Customer a handling fee.
4.6. Goods not returned in accordance with this clause 4 may be rejected by the Company.
4.7. All costs for the return or delivery of the Goods shall be payable by the Customer.
SUPPLY AND DELIVERY. All services supplied shall be deemed to have been supplied when notified by the Company. If you claim that some services have not been supplied or rendered, you must notify the Company within 14 days of notification of supply.
a) Any claim by you must be made in writing.
b) Delivery of goods shall be deemed to be affected by the Company delivering the goods to the delivery address nominated by the customer, whether or not the customer is present at the time of the delivery to acknowledge receipt.
c) Any claim that goods are not as specified or are not delivered as stated in the Company invoice must be made to the Company in writing within seven days of delivery.
d) Goods will not be accepted for return for credit without the Company prior approval.
SUPPLY AND DELIVERY. 2.1 Manufacturing
2.2 Packaging
2.3 Supply
SUPPLY AND DELIVERY. 9.1 Cambridge will supply the Product to Prestwick [...***...
SUPPLY AND DELIVERY. (1) The Services shall be supplied and delivered to the Delivery Address on the date or within the period stated in the Order, in either case during, the Authority‟s usual business hours. Delivery shall be deemed to be made on receipt of the Services by the Authority in accordance with the terms of the Contract.
(2) Where the date of performance and supply of the Services is to be specified after the placing of the Order, the Service Provider shall give the Authority reasonable notice of the specified date.
(3) The Service Provider shall have no liability for any delays in the performance or delivery of the Services arising from events beyond its reasonable control.
(4) If the Services are to be performed by instalments, the Contract will be treated as a single contract and not severable.
SUPPLY AND DELIVERY. 9.1. In accordance with this agreement The Supplier will provide, and The Client will accept the Products and/or Services listed in the Schedule A.
9.2. Any delivery date given by The Supplier is an estimate only and in no circumstances shall time be, or be capable of being, made of the essence of this Agreement. Delivery may be made by instalments if The Supplier so requires.
9.3. Delivery will be made during normal working hours and if The Client requires delivery to be made outside such hours an additional charge will be payable, unless otherwise agreed.
9.4. The Client is obliged to purchase hardware and software from The Supplier for the minimum duration of the contract.
9.5. Any hardware and software not purchased from The Supplier may not be supported.
9.6. Shipping charges will be applied to all items dispatched by The Supplier.
SUPPLY AND DELIVERY. 6.1 QC will supply the goods to the Customer within a reasonable time period after order of the goods by the Customer.
6.2 Delivery of Goods will not be made to the Customer if the Customer has not paid in accordance with the terms of the Agreement for previous goods supplied.
6.3 Delivery ("the Delivery") shall be deemed to have taken place:
(a) in the case of goods to be delivered to the Customer's premises, when the goods are unloaded at the Customer's premises;
(b) in the case of goods stored at the time the Customer's contractor removes the goods from the storage facility; or
(c) in all other cases, when the goods are collected by or on behalf of the Customer.
6.4 QC shall use all endeavours to ensure prompt Delivery of the goods to the Customer but QC shall not be liable in connection with Delivery of goods later than any date requested by the Customer for Delivery.
SUPPLY AND DELIVERY a) The Supplier shall supply and deliver the Works to the Delivery Address by the Delivery Date specified in the Purchase Order and shall ensure that the Works:
i. are in accordance with this Agreement and the Specification including but not limited to conforming to the sample (if any), quantity, quality, model number, and description as stated in the Purchase Order or other document issued in connection therewith;
ii. fit for TBP’s purpose as intended in the Agreement and the Specification and/or of merchantable quality whether expressly or impliedly stated;
iii. in compliance with the Legislative Requirements; and
iv. do not infringe the Intellectual Property rights of any third party.
b) The Works shall be properly delivered to the Delivery Address. The risk of loss or damage in respect of the Works during the transit (if any) shall be solely borne by the Supplier. TBP at all time reserves its right to receive the Works in accordance with this Agreement and the Specification. In the event there is no specification provided, the Works shall be in a good working condition and in a workmanlike manner where it would ordinarily be used.
c) The Works shall be accompanied by a delivery docket detailing the Works, all relevant manufacturer's or the Supplier's instructions concerning the use of the Works (if applicable) and all relevant manufacturer's or the Supplier's warranties in respect of the Works (if applicable).
d) The Supplier shall provide its own labour and employee or may hire anyone that the Supplier deemed fit to supply and deliver the Works to TBP at the Supplier’s cost and expense.
e) Whenever transport insurance is required, the Supplier shall subscribe and maintain the relevant insurance policy covering all risks and damages during the transportation of Works from the Supplier's warehouse (if applicable) to TBP, including any activities of loading and unloading.
f) Unless otherwise mutually agreed between the Parties in writing, the Supplier shall deliver the Works free of carriage, handling charge and any other charge to the Delivery Address. In the event there is any carriage, handling charge and any other charge, the said charge shall be borne solely by the Supplier.
g) For the avoidance of doubt and unless stated otherwise in the Purchase Order, the Delivery Duty Paid (“DDP”) based on Incoterms 2020 rules shall always be applicable for the Works procured from any Supplier outside Malaysia.
h) Delivery is not complete until the Works have be...
SUPPLY AND DELIVERY. Section 3.1 During the Agreement Term, Supplier shall supply to Aimmune Product conforming to the Specifications, and produced in accordance with Applicable Law and with the terms and conditions of this Agreement, at the prices set forth in Article IV herein. Aimmune’s Affiliates may purchase Product directly from Supplier in accordance with the terms and conditions of this Agreement. [***] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Section 3.2 Supplier shall maintain sufficient inventories of Product conforming to the Specifications to meet Aimmune’s forecasted requirements therefor.
Section 3.3 Subject to Aimmune’s satisfying the conditions set forth in Section 2.3 and Section 2.4 above, Supplier hereby agrees that it shall cease any and all sales of Product to third parties in the Territory who Supplier knows or has reason to know will use the Product within the Field, and shall not sell Product to any such third party in the Territory during the Agreement Term. In the event that Supplier becomes aware, whether by good faith, substantiated notification from Aimmune or otherwise, that a third party to which Supplier has been supplying Product intends to use such Product within the Field, Supplier shall immediately cease all sales of Product to such third party and shall not resume such sales for the remainder of the Agreement Term or until Supplier has a good faith, substantiated reason to believe that the customer no longer intends to use Product in the Field, whichever is sooner.
Section 3.4 Supplier shall ship the Product FOB (lncoterms 2010) [***]. Title in the Product shall pass to Aimmune when the Product is loaded on the first transportation carrier.
Section 3.5 In the event that Supplier either (a) delivers Product that fails to conform to the Specifications, or (b) fails to ship Product to Aimmune within thirty (30) days of the applicable delivery date specified on a Purchase Order accepted by Supplier, Aimmune shall have the right, in its sole discretion, to require either (x) a refund of the purchase price paid for the nonconforming or undelivered Product, as applicable, or (y) the prompt replacement or delivery of such non-conforming or undelivered Product.
Section 3.6 Supplier will provide Aimmune with notice of any material change to the methods or materials that Supplier uses to produc...