Common use of Delivery Terms Clause in Contracts

Delivery Terms. 2.1. If delivery of goods is not made in the quantities and/or at the time(s) specified in the Purchase Order, Buyer reserves the right, without liability to take either or both of the following actions: (a) direct expedited routings of goods (the difference in cost between the expedited routing and the order routing costs shall be paid by Seller); (b) cancel this order or balance by notice effective when delivered to Seller; to purchase substitute goods elsewhere and charge Seller with any loss incurred, including the difference between the cost of substitute goods and the goods that would have been provided by Seller. 2.2. Seller shall use the means of delivery and the carrier specified and set forth by Buyer in the Purchase Order. All deliveries of goods ordered by Buyer shall be DAP Buyer’s facility (Incoterms® 2010) unless otherwise mutually agreed by Buyer and Seller, with all title and risk of loss passing to Buyer upon delivery of the goods DAP Buyer’s facility (Incoterms® 2010). Before delivery, Seller will insure all goods at Seller’s sole risk and expense. 2.3. Each shipment of goods shall include separate packing slips showing: (a) Buyers’ Purchase Order number; (b) Buyer’s part number and revision level for each goods shipped, if applicable; (c) a description of the goods; (d) individual serial numbers of the goods, if applicable; (e) certificate(s) of compliance and/or material certifications, if applicable; and (f) the total quantity of goods shipped. 2.4. Buyer will have no liability for payment of goods delivered to Buyer in excess of quantities specified in the Purchase Order or prior to the delivery schedule specified. Such goods may be subject to rejection and returned at Seller’s expense, including transportation charges both ways. Buyer will not be liable for any material or production costs incurred in excess of the amount or in advance of the time necessary to meet Buyer’s delivery schedules.

Delivery Terms. 2.1. If delivery of goods is not made in the quantities and/or at the time(s) specified in the Purchase Order, Buyer reserves the right, without liability to take either or both of the following actions: (a) direct expedited routings of goods (the difference in cost between the expedited routing and the order routing costs shall be paid by Seller); (b) cancel this order or balance by notice effective when delivered to Seller; to purchase substitute goods elsewhere and charge Seller with any loss incurred, including the difference between the cost of substitute goods and the goods that would have been provided by Seller. 2.2. Seller shall use the means of delivery and the carrier specified and set forth by Buyer in the Purchase Order. All deliveries of goods ordered by Buyer shall be DAP Buyer’s facility (Incoterms® 2010) unless otherwise mutually agreed by Buyer and Seller, with all title and risk of loss passing to Buyer upon delivery of the goods DAP Buyer’s facility (Incoterms® 2010). Before delivery, Seller will insure all goods at Seller’s sole risk and expense. 2.3. Each shipment of goods shall include separate packing slips showing: (a) Buyers’ Purchase Order number; (b) Buyer’s part number and revision level for each goods shipped, if applicable; ; (c) a description of the goods; (d) individual serial numbers of the goods, if applicable; (e) certificate(s) of compliance and/or material certifications, if applicable; and (f) the total quantity of goods shipped. 2.4. Buyer will have no liability for payment of goods delivered to Buyer in excess of quantities specified in the Purchase Order or prior to the delivery schedule specified. Such goods may be subject to rejection and returned at Seller’s expense, including transportation charges both ways. Buyer will not be liable for any material or production costs incurred in excess of the amount or in advance of the time necessary to meet Buyer’s delivery schedules.

Delivery Terms. 2.1. If delivery of goods is not made in the quantities and/or at the time(s) specified in the Purchase Order, Buyer reserves the right, without liability to take either or both of the following actions: (a) direct expedited routings of goods (the difference in cost between the expedited routing and the order routing costs shall be paid by Seller); (b) cancel this order or balance by notice effective when delivered to Seller; to purchase substitute goods elsewhere and charge Seller with any loss incurred, including the difference between the cost of substitute goods and the goods that would have been provided by Seller. 2.2. Seller shall use the means of delivery and the carrier specified and set forth by Buyer in the Purchase Order. All deliveries of goods ordered by Buyer shall be DAP Buyer’s facility (Incoterms® 20102020) unless otherwise mutually agreed by Buyer ▇▇▇▇▇ and Seller, with all title and risk of loss passing to Buyer upon delivery of the goods DAP Buyer’s facility (Incoterms® 20102020). Before delivery, Seller will insure all goods at Seller’s sole risk and expense. 2.3. Each shipment of goods shall include separate packing slips showing: (a) Buyers’ Purchase Order number; (b) Buyer’s part number and revision level for each goods shipped, if applicable; (c) a description of the goods; (d) individual serial numbers of the goods, if applicable; (e) certificate(s) of compliance and/or material certifications, if applicable; and (f) the total quantity of goods shipped. 2.4. Buyer will have no liability for payment of goods delivered to Buyer in excess of quantities specified in the Purchase Order or prior to the delivery schedule specified. Such goods may be subject to rejection and returned at Seller’s expense, including transportation charges both ways. Buyer will not be liable for any material or production costs incurred in excess of the amount or in advance of the time necessary to meet Buyer▇▇▇▇▇’s delivery schedules.

Delivery Terms. 2.1. If delivery of goods is not made in the quantities and/or at the time(s) specified in the Purchase Order, Buyer reserves the right, without liability to take either or both of the following actions: (a) direct expedited routings of goods (the difference in cost between the expedited routing and the order routing costs shall be paid by Seller); (b) cancel this order or balance by notice effective when delivered to Seller; to purchase substitute goods elsewhere and charge Seller with any loss incurred, including the difference between the cost of substitute goods and the goods that would have been provided by Seller. 2.2. Seller shall use the means of delivery and the carrier specified and set forth by Buyer in the Purchase Order. All deliveries of goods ordered by Buyer shall be DAP Buyer’s facility (Incoterms® 20102020) unless otherwise mutually agreed by Buyer ▇▇▇▇▇ and Seller, with all title and risk of loss passing to Buyer upon delivery of the goods DAP Buyer’s facility (Incoterms® 20102020). Before delivery, Seller will insure all goods at Seller’s sole risk and expense. 2.3. Each shipment of goods shall include separate packing slips showing: (a) Buyers’ Purchase Order number; (b) Buyer’s part number and revision level for each goods shipped, if applicable; ; (c) a description of the goods; (d) individual serial numbers of the goods, if applicable; (e) certificate(s) of compliance and/or material certifications, if applicable; and (f) the total quantity of goods shipped. 2.4. Buyer will have no liability for payment of goods delivered to Buyer in excess of quantities specified in the Purchase Order or prior to the delivery schedule specified. Such goods may be subject to rejection and returned at Seller’s expense, including transportation charges both ways. Buyer will not be liable for any material or production costs incurred in excess of the amount or in advance of the time necessary to meet Buyer▇▇▇▇▇’s delivery schedules.

Delivery Terms. 2.1. If delivery of goods is not made in the quantities and/or at the time(s) specified in the Purchase Order, Buyer reserves the right, without liability to take either or both of the following actions: (a) direct expedited routings of goods (the difference in cost between the expedited routing and the order routing costs shall be paid by Seller); (b) cancel this order or balance by notice effective when delivered to Seller; to purchase substitute goods elsewhere and charge Seller with any loss incurred, including the difference between the cost of substitute goods and the goods that would have been provided by Seller. 2.2. Seller shall use the means of delivery and the carrier specified and set forth by Buyer in the Purchase Order. All deliveries of goods ordered by Buyer shall be DAP Buyer’s facility (Incoterms® 201020210) unless otherwise mutually agreed by Buyer and Seller, with all title and risk of loss passing to Buyer upon delivery of the goods DAP Buyer’s facility (Incoterms® 201020210). Before delivery, Seller will insure all goods at Seller’s sole risk and expense. 2.3. Each shipment of goods shall include separate packing slips showing: (a) Buyers’ Purchase Order number; (b) Buyer’s part number and revision level for each goods shipped, if applicable; (c) a description of the goods; (d) individual serial numbers of the goods, if applicable; (e) certificate(s) of compliance and/or material certifications, if applicable; and (f) the total quantity of goods shipped. 2.4. Buyer will have no liability for payment of goods delivered to Buyer in excess of quantities specified in the Purchase Order or prior to the delivery schedule specified. Such goods may be subject to rejection and returned at Seller’s expense, including transportation charges both ways. Buyer will not be liable for any material or production costs incurred in excess of the amount or in advance of the time necessary to meet Buyer▇▇▇▇▇’s delivery schedules.

Delivery Terms. 2.1. If delivery of goods is not made Seller shall deliver the Products in the quantities and/or at the time(s) specified in the Purchase terms set forth on this Order, Buyer reserves the right, without liability to take either or both of the following actions: (a) direct expedited routings of goods (the difference in cost between the expedited routing and the order routing costs shall be paid by Seller); (b) cancel this order or balance by notice effective when delivered to Seller; to purchase substitute goods elsewhere and charge Seller with any loss incurred, including the difference between the cost of substitute goods and the goods that would have been provided by Seller. 2.2. Seller shall use pack and ship the means of Products in accordance with the delivery and the carrier specified and set forth instructions in this Order as provided by Buyer or in accordance with the Purchase best commercial packaging available. Unless otherwise agreed in this Order, all shipments and deliveries of Products shall be made at Buyer’s facilities indicated in this Order. All deliveries of goods ordered by Buyer Delivery shall be DAP Buyer’s facility (Incoterms® 2010) unless otherwise mutually agreed by Buyer deemed complete and Seller, with all title and risk of loss passing shall transfer when Products are received in good order at Buyer’s facilities. For deliveries which destination is different from Buyer’s facilities, delivery shall be deemed complete and title and risk of loss shall transfer when the Products are received in good order at the point of delivery. Delivery of a quantity which varies by more than ten (10%) percent from the quantity specified will constitute nonperformance of this Order and Buyer will be entitled to cancel the same without any liability or penalty of any kind. Delay in delivery of one installment will entitle Buyer to cancel any other installment without any liability or penalty of any kind. Unless otherwise provided in this Order, Seller will bear all costs of delivery, including shipping and insurance charges, duties, taxes and other charges. Seller shall furnish to Buyer all shipping documents, indicating Buyer's Order number, description of Products, part number and quantity shipped on all packages and documents. Seller represents and warrants that it will classify, describe, package, mark, label, provide material safety data sheets, and otherwise pack and ship the Products in compliance with all laws, regulations, ordinances and orders. No additional costs will be charged to Buyer for packing, boxing or cartage, unless agreed upon at the time of purchase. Damage to any goods not packed to ensure proper protection will be charged to Seller. Buyer reserves the right to accept or reject any and all Products delivered and services performed if Seller ships or renders non-conforming or damaged Products and Buyer has the right to cancel this Order and hold Seller liable for any and all damages resulting thereof. Notwithstanding any provision stated in the contrary in the Uniform Commercial Code, or any other applicable laws, Buyer will have a period of 30 (thirty) working days counted as of the corresponding delivery date to make a claim in regards to the quantity and conditions of delivery of the goods DAP Products and/or Services. The foregoing is without prejudice to the Buyer’s facility (Incoterms® 2010)right to exercise its right to claim for defective Products and/or Services in accordance with the provisions of this Order. Before deliveryIf Seller fails or refuses to proceed with this Order or fails to deliver the Products or perform the services within the delivery dates and times specified in this Order, Seller will insure all goods other than by reason of an excusable delay, Buyer has the right, in addition to any other rights provided by law, to cancel the remaining balance of the Order and to place this Order elsewhere at Seller’s sole risk expense and expense. 2.3. Each shipment of goods shall include separate packing slips showing: (a) Buyers’ Purchase Order number; (b) Buyer’s part number and revision level for each goods shipped, if applicable; (c) a description of the goods; (d) individual serial numbers of the goods, if applicable; (e) certificate(s) of compliance and/or material certifications, if applicable; and (f) the total quantity of goods shipped. 2.4. Buyer will have no liability for payment of goods delivered to Buyer in excess of quantities specified in the Purchase Order or prior to the delivery schedule specified. Such goods may be subject to rejection and returned at Seller’s expense, including transportation charges both ways. Buyer will not be hold Seller liable for any material costs or production losses incurred, as well as for any other damages. In addition, if Seller fails to meet the delivery dates or times of the Products, other than by reason of an excusable delay, Buyer may, without limiting or affecting its other rights or remedies available hereunder or at law, direct expedited shipment and/or incur premium freight or transportation costs, and Seller shall pay upon demand all excess costs incurred in excess thereby, including additional handling charges and other expenses (whether related or not) resulting there from. Seller shall be responsible for all damages incurred by ▇▇▇▇▇ as a result of the amount or in advance of the time necessary Seller’s failure to meet Buyer’s the delivery schedulesdates or times, other than by reason of an excusable delay, including the cost of any line shutdown and the cost of obtaining goods from an alternate source.