Delivery of the Products Clause Samples
POPULAR SAMPLE Copied 3 times
Delivery of the Products. 5.1 Delivery of the Products shall take place at the Delivery Point. Acceptance of any change to the Delivery Point requested by the Customer shall be at the Supplier’s sole discretion and the Customer shall be liable for any additional Expenses incurred by the Supplier as a result of such change. The Customer shall be responsible for arranging all export documents as are necessary in relation to the Products.
5.2 Delivery or performance dates in relation to the supply by the Supplier of Products are as set forth in section 3.4 and approximate only and, time is not of the essence for delivery of the Products. The Supplier may effect delivery in one or more instalments, but shall use due diligence to ship quantities consistent with the time schedule set forth in section 3.
5.3 The Customer shall, within thirty days of the delivery of the Products to Customer’s facility, give written notice of rejection to the Supplier on account of any defect by reason of which the Customer alleges that the Products delivered do not comply with the Warranty and which was apparent on reasonable inspection. In the event a Unit or component of a Unit is defective, Supplier shall make arrangements for and be responsible for shipping associated with its return and replacement.
5.4 If the Customer fails to give notice as specified in clause 5.3 then, any defect which is one which would be apparent on reasonable visual inspection (“Overt Defect”), shall be presumed to comply with the Specifications and, accordingly, the Customer shall be deemed to have accepted such Overt Defect and the Supplier shall have no liability to the Customer with respect to that Overt Defect (except in relation to liability for any latent defects).
5.5 If the Customer rejects any delivery of the Products which do not comply with the Warranty, subject to clause 3.7 the Supplier shall, within thirty days of the Supplier accepting that the Products do not comply with the Warranty notify the Customer that it shall supply replacement Products which comply with the Warranty within 30 Business Days of sending such notice, in which event the Supplier shall be deemed not to be in breach of this agreement or have any liability to the Customer for the rejected Products.
5.6 The Customer is responsible for obtaining, at its own cost, such import licences and other consents in relation to the Products as are required from time to time and, If required by the Supplier, the Customer shall make those licences and consen...
Delivery of the Products. 5.1 MEI undertakes to deliver to Purchaser the Products according to the Incoterm EXW (Incoterms 2020) at MEI facility. The Parties hereby agree that the delivery date of the Products shall be the pick-up date of the Products at MEI’s plant (hereinafter, “Delivery Date”).
5.2 The Delivery Date included in the Order Confirmation shall have to be considered purely indicative and, therefore, MEI shall in no case be responsible for any damage, expense, costs, loss of profit arising from any delivery delay.
5.3 In case of any delay attributable to Purchaser (for example, any payment delay):
a) MEI shall be entitled to postpone the Delivery Date accordingly; and
b) MEI may store the Products and the Purchaser shall bear the risk, the costs and expenses arising out of, related to or in connection with such delay or storage.
Delivery of the Products. The Products shall be accessed by the Subscriber through the Website.
Delivery of the Products. 5.1 Unless otherwise specifically stated, the Delivery Date shall be the date by which the Order shall be made available FCA (Incoterms 2000) at MSX’s loading dock at the Manufacturing Site, whereupon MSX shall be entitled to invoice RB for Cost of Goods Price in respect of the Products so delivered. An Order may request boxed shipping at an additional handling charge beyond the Cost of Goods Price. No Orders shall be shipped in boxes unless expressly agreed to by MSX in writing. Legal title to the Products and risk of damage to, or loss of, the Products shall pass from MSX to RB upon being made available at MSX’s loading dock at the Manufacturing Site on the Delivery Date in accordance with Clause 5.7. Any invoices sent to RB under this Clause 5.1 shall specify the Price in respect of the Products delivered, the quantity of Products delivered, the date of delivery and the amount of VAT or other taxes due in respect of the Products delivered, together with any applicable transportation costs (if any) associated with delivery.
5.2 MSX shall not be liable for any delay or failure to deliver hereunder after the Products leave MSX’s loading dock at the Manufacturing Site as set out in Clause 5.1.
5.3 Each shipment of Product shall be delivered to RB with:
5.3.1 a Certificate of Analysis and Certificate of Compliance;
5.3.2 in accordance with the Quality Agreement; and
5.3.3 any other documentation required by any applicable rule, law or regulation having jurisdiction over the shipment and supply of the Products.
5.4 RB shall be entitled to reject any Product delivered to RB (or its nominee) without a Certificate of Analysis, Certificate of Compliance or other documentation required under any applicable rule, law or regulation.
5.5 MSX recognises that late delivery of the. Products may have an impact on RB’s obligations to its customers. MSX shall make all reasonable efforts to deliver Products by the Delivery Date requested by RB. The Delivery Date shall be reasonable based on MSX’s production capacity.
5.6 MSX shall manage any mutually agreed upon changes in writing to the Product Specification and the Packaging Specification, whilst maintaining the supply and delivery performance as set out herein. Changes to the Products shall be made with commercially reasonable speed of implementation, and meet the launch timings mutually agreed upon by the parties in writing or required by applicable law or Regulatory Authority. Inventory levels of Raw Materials, Film an...
Delivery of the Products. Delivery to a Client-Purchaser based in the European Economic Area is EXW (ex-works), Supplier’s warehouse (Incoterms® 2010), and to a Client- Purchaser based outside the European Economic Area delivery is FCA (free carrier) (Incoterms® 2010), unless otherwise agreed in writing. If it is agreed in writing, by way of a departure therefrom, that the Products Sold are to be delivered to a place indicated by the Client-Purchaser, then delivery may be made in the absence of the Client-Purchaser. The ▇▇▇▇ of lading shall in that case serve as proof of delivery.
Delivery of the Products a. The following shall be added to Clause 5.1: For the avoidance of doubt, MSX agrees to deliver authorized generic Products directly to Indivior in accordance with the terms of Clause 5 of the Agreement. Indivior shall ensure that any designated authorized generic third party distributor shall enter into a non-disclosure agreement with MSX and Indivior, in form and substance acceptable to MSX, which obligates such designated authorized generic third party distributor, among other things, to maintain the confidentiality of any MSX Confidential Information that may be disclosed by or on behalf of MSX pursuant to this Clause 5.
Delivery of the Products. 5.1 ICTRAM will arrange collection of the Products from addresses stipulated in advance by the Client.
5.2 Unless otherwise stated in the SOW, the Client will be responsible for preparing and packaging the Products.
5.3 Unless otherwise agreed, the weight of each consignment of the Products as recorded by ICTRAM will be conclusive evidence of the weight of the Products received by ICTRAM.
5.4 ICTRAM’s signature, given on any delivery note, or other documentation, presented for signature in connection with delivery of the Products, is evidence only of the collection being carried out. In particular, it is no evidence that the correct quantity or number of Products has been delivered or that the Products delivered are in good condition or of the correct quality.
Delivery of the Products. 5.1 We shall ensure that:
5.1.1 each delivery of the Products is accompanied by a delivery note which shows the date of the Order Confirmation, all relevant reference numbers, the Specification, special storage instructions (if any) and, if the Products are being delivered by instalments, the outstanding balance of Products remaining to be delivered; and
5.1.2 if we require you to return any packaging materials to us, that fact is clearly stated on the delivery note. You shall make any such packaging materials available for collection at such times as we shall reasonably request. Returns of packaging materials shall be at our expense.
5.2 Unless we and you agree otherwise in writing, we shall deliver the Products to you at the address set out in the Order Confirmation (“Delivery Location”) within the timeframe set out in the Order Confirmation.
5.3 It is your responsibility to ensure that our delivery vehicle is able to access the Delivery Location to deliver the Products, including assuring that the access routes are of a sufficient size for the delivery vehicle and that there is space for the delivery vehicle to stop at the kerb-side outside the Delivery Location or otherwise within the Delivery Location. If you have any concerns in this respect, you should contact us as soon as possible.
5.4 We will deliver the Products to the kerb-side at the nearest access point for our delivery vehicle to the Delivery Location or otherwise within the Delivery Location. If applicable, it is your responsibility to transport the Products from the kerb-side once the Products have been unloaded from the delivery vehicle.
5.5 We cannot leave Products at the Delivery Location if you, or someone you have authorised to accept delivery, is not present to accept delivery. Anyone at the delivery address will be deemed to be authorised to accept delivery.
5.6 Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. Subject to Clause 10.2, we shall not have any Liability for any delay in delivery of the Products that is caused by an Event of Force Majeure or your failure to provide us with adequate delivery instructions or any other instructions that are relevant to the supply of the Products.
5.7 If you are not available to take delivery of the Products, we may leave instructions to arrange redelivery. We may also pass on to you any costs incurred by us as a consequence of no-one being available to take delivery.
5.8 If delivery of the P...
Delivery of the Products. 16.1 Supplier will deliver the Products, cleared for export, into the custody of the carrier and at the location mentioned in the Agreement or designated by Youvia. The delivery of the Products shall be under “Delivery Duty Paid” (Incoterms latest version) conditions.
16.2 Supplier guarantees that the Products shall meet all Specifications and other requirements agreed upon in the Agreement.
16.3 Supplier agrees to hold stock of the Products at his warehouse in order to guarantee Youvia an uninterrupted supply in the event Youvia issues a (new) Purchase Order.
16.4 When transporting dangerous Products Supplier shall strictly adhere to statutory provisions and provisions of international treaties, conventions and agreements relating to transport of goods applicable in the countries where the goods will be transported.
16.5 Supplier shall provide Youvia with such written information regarding the composition of dangerous Products so that transport, warehousing and processing thereof may be effected in compliance with the relevant provisions of laws, international treaties, conventions and agreements applicable in the countries referred to in the foregoing paragraph.
16.6 Unless agreed upon in writing, Supplier guarantees that the Products and materials and Software used in respect of the Services shall not contain any “drop dead”, “trap door”, “time bomb”, “Trojan horses” or other viruses or vicious devices and that the Product will not contain any limitations, other than authorization codes, which would render the Product unsuitable for use by Youvia in processing its own applications and those of its clients.
16.7 In the event of Product delivery, the risk of loss or damage with respect of the Products shall pass to Youvia on the acceptance of the Product by Youvia in accordance with article 5. In the event that Supplier provides a Service (for example installation services) as well, the risk of loss or damage with respect of the Products shall pass to Youvia on the acceptance of the Product and the Service by Youvia in accordance with article 5.
16.8 Ownership of the Products will pass the Youvia at the time of payment or at the time an interim payment is made.
Delivery of the Products. The following terms shall apply in relation to the delivery of any Products:-