Common use of Delivery and Invoicing Clause in Contracts

Delivery and Invoicing. Seller shall use commercially reasonable best efforts to ship Products in accordance with the quantities, delivery dates, and delivery location specified in the written purchase order delivered by the Purchaser (“Purchaser Order”). The Purchase Order shall be a firm commitment to purchase the Products in the quantities described therein. Seller shall ship the Products FCA Seller’s facility (Incoterms 2000) in accordance with the shipping instructions set forth in the relevant Purchase Order; however, if any Purchase Order does not contain shipping instructions or if such instructions cannot be reasonably achieved, then Seller shall select a carrier or carriers to effect each shipment pursuant to such Purchase Order. Upon delivery of Products to a carrier, Seller shall invoice Purchaser for the Products supplied. Prices and payment terms are subject to terms set forth on attached Exhibit C.