be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose made known to the Supplier by the Customer; be free from defects in design, material and workmanship; and comply with all applicable statutory and regulatory requirements. The Supplier shall ensure that the Products are properly packed and secured in such manner as to enable them to reach their destination in good condition. The Supplier shall obtain and maintain in force for the Term all licences, permissions, authorisations, consents and permits needed to supply the Products in accordance with the terms of this agreement. The Supplier shall comply with all applicable laws, enactments, orders, regulations and other instruments relating to the packing, packaging, marking, storage, handling, and delivery of the Products. Delivery The Supplier shall deliver the Products specified in each Order to the Delivery Location by the Delivery Date. The Supplier shall not deliver an Order more than five Business Days in advance of the Delivery Date without the prior written consent of the Customer. Delivery of an Order shall be complete on its arrival at the Delivery Location. The Supplier shall supply Orders delivered by instalments for any order exceeding 30 tonnes but shall use its best endeavours to deliver in as few instalments as reasonably possible. Where Orders are to be delivered by instalments, they may be invoiced and paid for separately. References in this agreement to Orders shall, where applicable, be read as references to instalments. If an Order is not delivered on the specified Delivery Date, then, without limiting any other right or remedy the Customer may have, the Customer may: refuse to take any subsequent attempted delivery of the Order; terminate this agreement with immediate effect; obtain substitute products from another supplier and recover from the Supplier any costs and expenses reasonably incurred by the Customer in obtaining such substitute products (and shall not be held to be in breach of clause 2.3 b) by so doing) ; and subject to clause , claim damages for any other costs, expenses or losses resulting from the Supplier's failure to deliver the Order on the Delivery Date, provided that the Supplier shall have no liability for any failure or delay in
be of satisfactory quality (within the meaning of the Sale of Goods Act 1979, as amended) and fit for any purpose made known to the Supplier by the Customer; be free from defects in design, material and workmanship; and comply with all applicable statutory and regulatory requirements. The Supplier shall ensure that the Products are properly packed and secured in such manner as to enable them to reach their destination in good condition. The Supplier shall obtain and maintain in force for the Term all licences, permissions, authorisations, consents and permits needed to supply the Products in accordance with the terms of this agreement. The Supplier shall comply with all applicable laws, enactments, orders, regulations and other instruments relating to the packing, packaging, marking, storage, handling, and delivery of the Products. Delivery The Supplier shall deliver the Products specified in each Order to the Delivery Location by the Delivery Date. The Supplier shall not deliver an Order more than five Business Days in advance of the Delivery Date without the prior written consent of the Customer. Delivery of an Order shall be complete on its arrival at the Delivery Location. The Supplier shall supply Orders delivered by instalments for any order exceeding 30 tonnes but shall use its best endeavours to deliver in as few instalments as reasonably possible. Where Orders are to be delivered by instalments, they may be invoiced and paid for separately. References in this agreement to Orders shall, where applicable, be read as references to instalments. If an Order is not delivered on the specified Delivery Date, then, without limiting any other right or remedy the Customer may have, the Customer may: refuse to take any subsequent attempted delivery of the Order; terminate this agreement with immediate effect; obtain substitute products from another supplier and recover from the Supplier any costs and expenses reasonably incurred by the Customer in obtaining such substitute products (and shall not be held to be in breach of clause 2.3 b) by so doing) ; and subject to clause , claim damages for any other costs, expenses or losses resulting from the Supplier's failure to deliver the Order on the Delivery Date, provided that the Supplier shall have no liability for any failure or delay in
Supplier_Service_Agreement_17.docx