Delivery and Shipment. a. Seller shall ship all deliverable Products and Services under the Agreement in accordance with the delivery and shipment terms and conditions set forth in this Article. All shipments of Products shall be delivered by Seller FCA Seller’s facilities Incoterms 2010. For the avoidance of doubt, Seller shall ensure that all shipments and deliveries comply with all applicable import, export and customs rules and regulations and Seller shall be responsible for paying all applicable export customs duties, tariffs and other charges. A shipment containing hazardous and non- hazardous materials as defined by the Department of Transportation regulation HMR title 49 CFR, must have separate packing sheets for the respective hazardous and non-hazardous materials. The shipping documents shall describe the material according to the applicable classification and/or tariff and shall include any required Material Safety Data Sheets. In addition all hazardous chemicals shall be identified and marked in accordance with Department of Labor regulations 29 CFR 1910. Seller shall use the shipping address as set forth on the Purchase Order or Purchase Agreement for all shipments and deliveries of Products to EAI. b. Seller shall use EAI’s designated transportation carrier and service level (e.g. overnight, ground, etc.). Shipping costs for Product sent via non-EAI designated freight carriers and/or service levels will be paid by the Seller. c. Seller shall deliver to EAI conforming, non-defective Product in the quantities set forth in the Purchase Order and on, or no earlier than three (3) business days before, the delivery date specified. In the event of early delivery, EAI at its discretion may either refuse delivery or store Product at Seller's expense and EAI’s obligation to pay in accordance with Article 2.2 is based on the Purchase Order defined delivery date, unless delivery in advance of the contractual commitment date is expressly authorized by EAI. d. ▇▇▇▇▇▇ agrees that time is of the essence under this Agreement. In the event of any anticipated or actual delivery delays, Seller shall: (a) promptly notify EAI in writing of the reasons for the delay and the actions being taken to overcome or minimize the delay; and (b) provide EAI with a written recovery schedule. Without limiting any of EAI's rights and remedies with respect thereto, Seller shall take such actions as are reasonably necessary to meet EAI’s schedule. At EAI's request, Seller shall, at Seller’s expense, ship via air or other expedited routing to avoid or minimize the delay. e. All data, reports and certifications associated with deliveries under this Agreement shall be directed to the attention of the EAI authorized Procurement Agent.
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Sources: Purchase Order Agreement, Purchase Order Agreement, Purchase Order Agreement