5. DELIVERY

5.1 The Goods shall be adequately protected against damage and deterioration in transit and delivered, DDP (Incoterms 2010) to the Company's place of business as stated in the Purchase Order.

5.2 The time and date for delivery shall be specified in the Purchase Order, or in a programme agreed by the Company.

5.3 The Seller shall invoice the Company upon, but separately from, despatch of the Goods to the Company. The invoice must show the relevant Purchase Order number.

5.4 The Seller shall ensure that each delivery is accompanied by a delivery note which shows, among other things, the Purchase Order number, date of Purchase Order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered. If the Company requires it, information relating to the Goods must be supplied free of charge on delivery including, without limitation, a certificate of conformity.

5.5 Time for delivery shall be of the essence.

5.6 Unless otherwise stipulated by the Company in the Purchase Order, deliveries shall only be accepted by the Company in normal business hours.

5.7 If the Goods are not delivered or provided on the due date then, or on a revised date as may have been advised by the Company following the granting of a period of grace without prejudice to any other rights which it may have, the Company reserves the right to:

(i) cancel the Contract in whole or in part and reject the Goods;

(ii) refuse to accept any subsequent delivery or provision of the Goods which the Seller attempts to make;

(iii) recover from the Seller any expenditure reasonably incurred by the Company in obtaining the Goods in substitution from another supplier; and

(iv) claim damages for any additional costs, loss or expenses incurred by the Company which are in any way attributable to the Seller's failure to deliver the Goods on the due date.

5.8 Where the Company agrees in writing to accept delivery by instalments the Contract shall be construed as a single contract in respect of each instalment. Nevertheless failure by the Seller to deliver any one instalment shall entitle the Company at its option to treat the whole Contract as repudiated.

5.9 If the Goods are delivered to the Company in excess of the quantities ordered the Company shall not be bound to pay for the excess and any excess shall be and shall remain at the Seller's risk and shall be returnable at the Seller's expense. If the Goods are delivered in advance of the due date the Company may reject the Goods at the Seller’s expense or accept them, but will not be bound to pay for the same until the month following the month in which delivery should have taken place.

5.10 The Company reserves the right to reject any Goods which do not conform as to quality, quantity or description with the particulars of the Contract within fourteen (14) days from delivery. Rejected Goods will be replaced without delay at no cost to the Company. Any rejected deliveries in accordance with the above shall be stored at the Seller’s expense and risk until the Seller recovers the same.


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