Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer. 5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later. 5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer. 5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing. 5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover. 5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense. 5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s). 5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer. 5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified. 5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 3 contracts
Sources: General Terms and Conditions of Purchase, General Terms and Conditions of Purchase, General Terms and Conditions of Purchase
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from of this Order. If Supplier delivers the date of acceptance by goods or completes the Seller of the Purchase Order or the date on which the Seller is placed in possession of services later than scheduled, Buyer may assess such information and drawings amounts as may be necessary to enable him to start work set forth on the Goods PO or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines in this Order as liquidated damages for the execution time period between the scheduled delivery date and the actual delivery date (the “Delay Period” ). The parties agree that if liquidated damages are set forth on the PO or in this Order, they are the exclusive remedy for the damages resulting from the Delay Period only; are a reasonable pre-estimate of the Services or delivery dates of the Goods such damages Buyer shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered suffer as a waiver result of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller delay based on circumstances existing at the Seller's risk time this Order was issued; and expense.
5.7 Each delivery must are to be accompanied by details of the exact quantity assessed as liquidated damages and description of the Goods and/or the Services performednot as a penalty. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇’s resort to liquidated damages for the Delay Period does not preclude ▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by ’s right to other remedies, damages and choices under this Order other than the Seller damages resulting from the Delay Period, including, but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originatednot limited to Buyer’s right to terminate this Order for non-delivery. If shipment is not no liquidated damages are set forth on the PO or in this Order, Buyer shall be entitled to recover all damages it incurs as a result of Supplier’s failure to perform as scheduled. All delivery designations are Incoterms® 2010. Unless otherwise set forth on the PO, all goods provided under this Order shall be delivered FCA Supplier’s facility except goods that are to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods shipped directly to Buyer’s customer or Services are delivered in their entirety in accordance with the Agreement at the a location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet ’s customer that are: (a) not to be exported; or (b) exported from the United States of America (“MSDSU.S.”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers), the Buyer shall be given priority over delivered EXW Supplier’s facility. The term EXW used herein is modified from the Incoterms® 2010 definition to mean “EXW with Supplier responsible for loading the goods at Supplier’s risk and expense”. Buyer may specify contract of carriage in all other cases. Failure of Supplier to comply with any such Buyer specification shall cause all resulting transportation charges to be for the Seller's customersaccount of Supplier.
Appears in 3 contracts
Sources: Terms of Purchase, Terms of Purchase, Terms of Purchase
Delivery. 5.1 Delivery takes place Material ordered herein must be delivered at the time or times specified on agreed ICC INCOTERMSthe purchase order or in written releases issued by Buyer hereunder or in the Supply Agreement. If no INCOTERMS apply, delivery All materials shall be understood shipped F.O.
B. to occur the Buyer's location specified on the purchase order or in the Supply Agreement or otherwise specified in writing by Buyer (the "Relevant Buyer Location"), and the risk of loss or damage in transit shall be upon the Seller. Buyer shall be responsible for all shipping costs. Buyer may specify the carrier or method of transportation at the moment unloading has finished taking place at the location designated by Buyer.
5.2 any time. Time of delivery of the Goods and of performance of the Services is of the essence under this purchase order, and shall start without limitation to run from the date of acceptance by the Seller foregoing, 100% on-time delivery is of the Purchase Order or essence. In the date on which the Seller is placed event of any late delivery, Buyer may (in possession of such information addition to any other rights and drawings as remedies that may be necessary available to enable him Buyer at law or equity), at its option, reject the materials that are subject to start work on the Goods late delivery, cancel this purchase order for default, partially cancel this purchase order for default, vary delivery terms hereunder (including, without limitation, requiring Seller to use expedited delivery at Seller's expense), or the Servicesuse other materials. Any losses or damages sustained, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution or costs incurred by Buyer by reason of the Services or late delivery dates of the Goods shall automatically result in the application of a penalty equal (without regard to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments which option Buyer elects) shall be permitted only with the consent of the paid to Buyer by Seller. Buyer hereby notifies Seller that such losses and such permissiondamages may include, if givenwithout limitation, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the incidental and consequential damages and lost profits. Buyer has agreed in writing.
5.5 If the Buyer is not able may refuse to accept delivery of the Goods and/or return to or installation of the Goods when due, the store for Seller shall be responsible for arranging suitable storage (at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed) any materials that are delivered prematurely. Shipping documents stating the relevant Purchase Order number Seller shall reimburse Buyer for each shipment must be sent by regular mail or email all expenses, including, without limitation, damage to the plant materials, incurred due to improper packing, marking, loading or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇routing.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 3 contracts
Sources: Purchase Order, Purchase Order, Purchase Order
Delivery. 5.1 (a) Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and products in accordance with the delivery schedule is a material requirement of performance of the Services each purchase order. Time is of the essence and shall start to run from in fulfilling all purchase orders.
(b) Unless otherwise specified in the date of acceptance relevant purchase order or by the Purchaser, all deliveries shall be made at the ‘ship to’ address specified in the relevant purchase order, and in accordance with the instructions specified therein, during normal business hours.
(c) The Seller shall notify the Purchaser promptly in writing of any cause whatsoever, including but not limited to any actual or potential labour dispute which is delaying or threatening to delay the timely fulfillment of any purchase order. Such delay or threat of delay shall not excuse the Seller from proceeding with performance of the Purchase Order or relevant purchase order in accordance with the date on which delivery schedule specified in the relevant purchase order. The Seller shall cooperate with the Purchaser to avoid disruption to the supply of products to the Purchaser under the relevant purchase order.
(d) The Purchaser shall be entitled to reschedule deliveries for all standard commodity parts by serving a written Reschedule Notice to the Seller is placed in possession and the Seller shall comply with such Reschedule Notice for all undelivered items. The Purchaser may request the rescheduling of deliveries for special and customised parts and the Seller shall use its best efforts to accommodate and comply with such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the laterrescheduling.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation (e) If for any loss suffered by reason, the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer Purchaser is not able unable to accept delivery of the Goods products on or installation after the delivery date, the Purchaser shall give reasonable notice prior to the agreed upon delivery date and the Seller will store the products, safeguard them and take all reasonable steps to prevent their deterioration until delivery on the new delivery date specified by the Purchaser.
(f) It is the Seller’s responsibility to furnish the quantity specified in the relevant purchase order or in any purchase order release issued in connection therewith. The Seller shall not make partial deliveries under a purchase order unless authorised by the Purchaser in writing in advance. In any event, any additional costs incurred in such partial deliveries shall be at the expense of the Goods when dueSeller, unless such partial deliveries are requested for by the Purchaser in writing. The Purchaser reserves the right to return excess shipments at the Seller’s expense.
(g) If the Seller’s delivery of the products is not made in the quantities and at the times or otherwise specified in the relevant purchase order or authorised in shipment releases issued by the Purchaser to the Seller, or if any products are damaged in transit (including any damage arising in connection with the loading and unloading of products) or otherwise received in a damaged state, the Purchaser reserves the right without liability and in addition to any other rights and remedies, at its sole and absolute discretion, to:
(i) require the Seller shall be responsible for arranging suitable storage at suitable premises to deliver sufficient products which correspond to the relevant purchase order to comply with the quantities required, (or replace free of charge such products so damaged, as the Goodscase may be), advising and/or cancel the Buyer beforehand of the particulars of such proposed storage purchase order in whole or in part (and the Seller shall also ensure that promptly collect any products which have been delivered and comprised in such purchase order (or part thereof) so cancelled) and/or accept the Goods quantities of the products tendered and/or procure substitute products and/or approve a revised delivery date (such approval to be in writing signed by an authorised representative of the Purchaser); and
(ii) require the Seller to bear any freight charges and loss incurred including, lost profits and special damages. Without prejudice to the premises in which they are stored are properly insured against all generality of the usual risks and notify the Buyer foregoing, if a tender of such insurance cover.
5.6 If delivery conforming products is not made before by the delivery date specified in the Purchase Orderrelevant purchase order or authorised in shipment releases issued by the Purchaser to the Seller, this shall constitute a breach by the Buyer may Seller and the Seller shall have no right to make a later tender of conforming products unless the approval in writing signed by an authorised representative of the Purchaser has been obtained. The Purchaser will not be obliged to accept any tender of products which does not fully comply with all the provisions of the relevant purchase order.
(h) The Seller shall not, at any time, make any material commitment(s) or production arrangement(s) in excess of the amount or in advance of the time necessary to meet the Purchaser’s delivery schedule. It is the Seller’s responsibility to comply with the delivery schedule as set out in the relevant purchase order but not to anticipate the Purchaser’s requirements.
(i) The Purchaser shall have the right to reject any products which are tendered by the Seller in advance of the date scheduled for delivery and return the Goods same to the Seller at the Seller's risk ’s expense and/or to accept early delivery of products and expenseplace such products in storage at the Seller’s expense until the scheduled delivery date.
5.7 Each delivery must be accompanied by details (j) The Purchaser reserves the right to withhold payment on products shipped in advance until the date of payment agreed to between the Seller and the Purchaser pursuant to Clause 2(b) hereof.
(k) The Seller may not change the lead times for any products without giving the Purchaser prior notice in writing equivalent to the duration of the exact quantity and description new lead time for ordering of the Goods and/or products. If the Services performed. Shipping documents stating Seller does not give sufficient notice of the relevant Purchase Order number for each shipment must be sent by regular mail or email change in lead time to the plant or office which issued Purchaser, the Purchase Order on the day on which the shipment Seller is made, marked still bound to accept purchase orders for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods products where such purchase orders are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, made within the original bill of lading must be furnished with the invoice(s)lead time.
5.8 Delivery is completed only if (l) Notwithstanding the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer Seller’s obligations under the Agreement on an annual basis or sooner this Agreement, in the event such document has been modified.
5.10 If that the Seller is unable, for any reason, to fulfill in a timely manner the position purchase order of being able to supply some but not all of its customers, the Buyer shall be given priority over all other Purchaser and those of the Seller's ’s other customers, due to a shortage of components or any other reason, the Seller shall ensure that the Purchaser has priority of supply.
Appears in 3 contracts
Sources: General Terms and Conditions of Purchase, General Terms and Conditions of Purchase, General Terms and Conditions of Purchase
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery 9.1 Time shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Orderessence. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments The ltems shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety strictly in accordance with the Agreement Order delivery schedule and early or partial shipments are not permitted unless expressly authorized in writing by CMC. CMC reserves the right to return any unauthorized early shipments at Seller's expense or to retain same at CMC's facilities at Seller's risk. Payment will be in accordance with the original or amended delivery schedule.
9.2 ln the event Seller foresees or encounters difficulty in meeting the delivery requirements of an Order, it shall immediately notify CMC in writing giving pertinent details and a recovery schedule acceptable to CMC. This provision shall not be construed as a waiver by CMC of any performance requirements of an Order or of any rights or remedies provided by law.
9.3 All ltems shall be delivered to the delivery point specified in the Order. Title to the ltems shall pass from Seller to CMC upon delivery.
9.4 In the event that the Supplier fails to fulfill any of its obligations as outlined in this Purchase Order, or if there is a reasonable expectation by CMC that such failure may occur, and the Supplier does not rectify the situation to CMC's satisfaction within five (5) Days from the receipt of the CMC's written notice, then CMC retains the right to intervene in the management of the Work. Furthermore, CMC is authorized to take any actions deemed necessary to exercise this right, and such actions will be at the location designated expense of the Supplier. This intervention does not absolve the Supplier of its ongoing obligations as specified in this Purchase Order. Nothing in this clause shall affect CMC’s rights under Clause 15 - TERMINATION FOR DEFAULT
10.1 CMC may at any time, by Buyerwritten notice to Seller, require Seller to stop all or any part of the work called for by this Agreement or any Purchase Order. Any such notice shall be specifically identified as a "Stop Work Notice.”
10.2 Upon receipt of a Stop Work Notice, Seller shall promptly comply with its terms and take all reasonable steps to minimize the costs arising from the work covered by the Stop Work Notice during the period of work stoppage.
5.9 The 10.3 Within the period established in the Stop Work Notice, including the extension thereof, Buyer shall either (a) cancel the Stop Work Notice or (b) terminate this Agreement or any Purchase Order, totally or partially.
10.4 In the event Buyer cancels the Stop Work Notice Seller shall provide Buyer a current material safety data sheet (“MSDS”) promptly resume work in accordance with the terms of this Agreement. If Seller shall notify CMC that the production hiatus during the term of the Stop Work Notice renders the original delivery schedule no longer practicable, then CMC and Seller shall agree to an equitable adjustment to the delivery schedule for each Good supplied to Buyer under the Agreement on an annual basis or sooner in effected Purchase Order(s).
10.5 In the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customersCMC terminates this Agreement, the Buyer provisions of Clause 14 shall be given priority over all other of the Seller's customersapply.
Appears in 3 contracts
Sources: Purchase Agreement, Purchase Agreement, Purchase Agreement
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS3.1. If no INCOTERMS apply, delivery The Supplier shall be understood entitled to occur perform pre- and partial deliveries without the Purchaser’s approval. The Supplier shall be entitled to set an additional deadline, within three days after the expiration of the delivery deadline to replace the original delivery deadline, which the Supplier shall previously confirm with the Purchaser. The condition of adhering to the delivery deadline is that the purchase order is technically finalised and approved by the Purchaser and all documents and permits required for the safe, punctual and professional delivery are submitted on time and the Purchaser fulfils the agreed conditions and additional responsibilities. Insofar as said conditions are not fulfilled on time, the delivery times shall be prolonged, that is the delivery deadline will start from the day when said conditions are fulfilled.
3.2. The Supplier shall pack the product in accordance with professional procedures suitable for domestic transfer. Packaging of any other nature shall only be provided at the moment unloading has finished taking place special request and at the location designated by Buyerexpense of the Purchaser. The Supplier is not obliged to cover any advance costs in lieu of the Purchaser.
5.2 Time 3.3. Products designated for self-arranged transport shall be received within 3 working days subsequent to their reported arrival. The Supplier shall be entitled to charge storage and handling fees and cancel the purchase order in case a product is not received within the purchase deadline. Insofar as the Supplier fails to cancel the purchase order, the Purchaser still bears the risk of the destruction, loss or damage of the product in the case of delayed reception as if the product had been received on time.
3.4. Insofar as the dispatching or delivery of the Goods and products are to be postponed at the Purchaser’s request, a storage fee of performance 0.5% per week of the Services is purchase price shall be charged for the Purchaser. The Supplier, however, can also claim the reimbursement of any additional proven costs related to the essence and shall start to run delivery from the date of acceptance by Purchaser. If the Seller of storage period exceeds 30 days after the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary reported arrival, due to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only reasons laying with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when duePurchaser, the Seller shall be responsible for arranging suitable storage at suitable premises of Supplier is entitled to unilaterally cancel the Goods, advising purchase order and claim the Buyer beforehand of costs and damages incurred from the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coverPurchaser.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 3 contracts
Sources: General Terms and Conditions, General Supply Conditions, General Supply Conditions
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply(a) Contract delivery schedules and quantities are a material condition of this Contract, and Seller’s failure to meet Contract delivery schedules or quantities shall be understood considered a material breach. Any shipments that deviate from the Contract delivery schedule are subject to occur at the moment unloading has finished taking place at Buyer's rejection, and Seller will be responsible for the location designated cost incurred by Buyer to store and/or to ship the Goods. Once ▇▇▇▇▇ gives notice of the rejection of the Goods, the risk of loss and damage to the Goods is with the Seller. Any acceptance of deliveries late to the Contract delivery schedule will not waive Buyer's rights.
5.2 Time (b) If Seller fails to make delivery in accordance with the Contract delivery schedule, Buyer will have the option of delivery terminating this Contract in accordance with ¶ 19, TERMINATION FOR DEFAULT, or assessing 0.5% of the Goods unit price per day, as liquidated damages and of performance of the Services is of the essence and not as a penalty. Any such liquidated damages shall start to run from no sooner than the date of acceptance by the Seller of fifth (5th) day after the Purchase Order or Promise Date, and continue until and including the date on which the Seller Product(s) is placed in possession of such information and drawings as may be necessary delivered to enable him Buyer, not to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1exceed 20% of the total unit price. Any liquidated damages assessed to Seller will be debited from Seller’s account and may be set off against any other amount owed to Seller by Buyer. For the avoidance of doubt, liquidated damages or termination are the agreed-upon remedies for delay, but are without limitation as to other remedies available to Buyer under the contract at law or equity for other breaches of contract.
(c) In the event of any anticipated or actual delay in meeting the Contract delivery schedule, Seller shall:
(i) Promptly notify Buyer in writing of the Purchase Order per working day reasons for the delay and the actions being taken to overcome or minimize the delay;
(ii) Provide Buyer with a written recovery schedule; and
(iii) If requested by Buyer, ship via air or expedited routing to avoid or minimize delay to the maximum extent possible, unless Seller is excused from prompt performance as provided in ¶ 16, EXCUSABLE DELAYS. Seller will be solely responsible for paying the difference between the method of delay, capped at 10% of shipping specified and the total amount of actual air or expedited rate incurred.
(d) Any information provided by Seller regarding any anticipated or actual delay in meeting the Purchase Order. This penalty may Contract delivery schedule is informational only and shall not under any circumstances be considered construed as a waiver by Buyer of any of Buyer’s rights or remedies provided by law or the Contract.
(e) Goods fabricated in excess or in advance of Buyer's Purchase Order or Blanket release are at Seller's risk unless otherwise authorized in writing by Buyer. Buyer reserves the right, without loss of discount privileges, to pay invoices covering Goods shipped in advance of the right schedule of the normal maturity after the date specified for delivery. If Seller delivers Goods in advance of this Contract’s delivery schedules or blanket releases, Buyer shall not be required to terminate make payment for the Purchase Order according Goods sooner than on average, the second business day of the second month following this Contract’s delivery schedule or shipping releases due date. Buyer shall not be required to art.14.2 make payment for Goods which are delivered to Buyer in excess of the quantities specified in this Contract’s delivery schedules or blanket releases.
(f) Seller shall provide a response to claim additional compensation for any loss suffered an open order report issued by the Buyer at the frequency and method determined by the Buyer.
5.4 Delivery of Goods in instalments (g) Seller shall be permitted only with enter material delivery Promise Dates into the consent Oracle iSupplier system.
(h) Seller shall respond to any inquiries made by the Buyer within two (2) business days of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writingrequest.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 3 contracts
Sources: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions, Purchase Order Terms and Conditions
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS5.1. If no INCOTERMS apply, delivery Deliveries shall be understood made to occur the Delivery Address(es) listed in the Special Terms And Conditions. Avfuel or its authorized shipping agent (“Shipping Agent”) shall be provided access to Customer’s storage facilities during normal business hours, or at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings other times as may be necessary to enable him to start work on the Goods or the Servicesapproved by Customer’s authorized representative, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution purpose of unloading the Services Products. Unless otherwise agreed in writing, the minimum delivery of Jet A or delivery dates of Avgas fuel will be a full standard transport tanker load as determined by the Goods shall automatically result in maximum allowable Gross Vehicle Weight between the application of a penalty equal to 1% of supply point and the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase OrderDelivery Address. This penalty may not under any circumstances be considered as a waiver of Avfuel reserves the right to terminate impose a surcharge for deliveries of less than a full tanker load.
5.2. Delivery shall be into tanks designated by Customer. Such designation shall be construed as a warranty that the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered designated tanks and containment areas have been inspected and approved by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller appropriate regulatory agencies. Customer shall be responsible for arranging suitable all unloading operations including the placement of hoses into the proper storage at suitable premises tanks. Customer shall specifically designate and gauge the available capacity of the Goodstanks into which the Product shall be unloaded, advising the Buyer beforehand and shall bear all responsibility of spillage or contamination of the particulars Product after it leaves the end of any properly operating hose provided by Avfuel or its Shipping Agent. Access to Customer’s tanks shall be furnished in such proposed a manner that Avfuel or its Shipping Agent can safely and conveniently reach Customer’s storage facility with the hoses available, and Avfuel or its Shipping Agent may refuse to complete any delivery which Avfuel or the Seller shall also ensure that the Goods and the premises Shipping Agent determines, in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coverits sole discretion, cannot be made safely.
5.6 If delivery is made before 5.3. Customer shall be responsible for all demurrage charges assessed by the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller Shipping Agent for additional time spent at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(sDelivery Address(es).
5.8 Delivery is completed 5.4. Any claim by Customer of any discrepancy in the quantity of the Product delivered shall be effective only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by BuyerAvfuel is immediately notified, while Shipping Agent is still present. GIVEN THE NATURE OF THE PRODUCTS, TIME IS OF THE ESSENCE WITH RESPECT TO SUCH CLAIMS AND NO CLAIM SHALL BE PERMITTED OR EFFECTIVE UNLESS DELIVERED WITHIN THE SPECIFIED PERIOD.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 2 contracts
Sources: Aviation Fuel Supply Agreement, Aviation Fuel Supply Agreement
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply(a) Contract delivery schedules and quantities are a material condition of this Contract, and Seller’s failure to meet Contract delivery schedules or quantities shall be understood considered a material breach. Any shipments that deviate from the Contract delivery schedule are subject to occur at the moment unloading has finished taking place at Buyer's rejection, and Seller will be responsible for the location designated cost incurred by Buyer to store and/or to ship the Goods. Once ▇▇▇▇▇ gives notice of the rejection of the Goods, the risk of loss and damage to the Goods is with the Seller. Any acceptance of deliveries late to the Contract delivery schedule will not waive Buyer's rights.
5.2 Time (b) If Seller fails to make delivery in accordance with the Contract delivery schedule, Buyer will have the option of delivery terminating this Contract in accordance with ¶ 19, TERMINATION FOR DEFAULT, or assessing 0.5% of the Goods unit price per day, as liquidated damages and of performance of the Services is of the essence and not as a penalty. Any such liquidated damages shall start to run from no sooner than the date of acceptance by the Seller of fifth (5th) day after the Purchase Order Promise Date or the Contract delivery schedule due date, and continue until and including the date on which the Seller is placed in possession of such information and drawings as may be necessary Good(s) are delivered to enable him Buyer, not to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1exceed 20% of the total unit price. Any liquidated damages assessed to Seller will be debited from Seller’s account and may be set off against any other amount owed to Seller by Buyer. For the avoidance of doubt, liquidated damages or termination are the agreed-upon remedies for delay, but are without limitation as to other remedies available to Buyer under the contract at law or equity for other breaches of contract.
(c) In the event of any anticipated or actual delay in meeting the Contract delivery schedule (if provided by Buyer), Seller shall:
(i) Promptly notify Buyer in writing of the Purchase Order per working day of delay, capped at 10% of reasons for the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage delay and the Seller shall also ensure that actions being taken to overcome or minimize the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the delay;
(ii) Provide Buyer of such insurance cover.with a written recovery schedule; and
5.6 (iii) If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied requested by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇, ship via air or expedited routing to avoid or minimize delay to the maximum extent possible, unless Seller is excused from prompt performance as provided in ¶ 16, FORCE MAJEURE. Seller will be solely responsible for paying the difference between the method of shipping specified and the actual air or expedited rate incurred.▇▇▇
(d) Any information provided by Seller regarding any anticipated or actual delay in meeting the Contract delivery schedule is informational only and shall not be construed as a waiver by Buyer of any of Buyer’s rights or remedies provided by law or the Contract.
(e) Goods fabricated in excess or in advance of Buyer's Purchase Order or blanket release are at Seller's risk unless otherwise authorized in writing by Buyer. When Buyer reserves the right, without loss of discount privileges, to pay invoices covering Goods shipped in advance of the schedule of the normal maturity after the date specified for delivery. If Seller delivers Goods in advance of this Contract’s delivery schedules or blanket releases, Buyer shall not be required to make payment for the Goods sooner than on average, the second business day of the second month following this Contract’s delivery schedule due date. Buyer shall not be required to make payment for Goods which are invoiced delivered to Buyer in excess of the quantities specified in this Contract’s delivery schedules or blanket releases.
(f) Seller shall respond to any inquiries made by the Seller but shipped by Buyer within two (2) business days of a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s)request.
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 2 contracts
Sources: Indirect Purchase Order Terms and Conditions, Indirect Purchase Order Terms and Conditions
Delivery. 5.1 Delivery takes place on Unless otherwise agreed ICC INCOTERMS. If no INCOTERMS applyto by Seller in a purchase order, delivery shall be understood to occur terms are Ex Works (Incoterms 2020) at Seller’s designated facility with the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the exception that Seller is placed in possession of such information responsible for obtaining the export license and drawings as may be necessary completing all export clearance documents. Buyer is responsible for all carriage, duties, taxes, and other charges to enable him import clearance. Unless otherwise agreed to start work on the Goods or the Servicesby Seller in a purchase order, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or Seller will schedule delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Orderaccordance with its published lead-time. This penalty may not under any circumstances be considered as a waiver of Seller reserves the right to terminate the Purchase Order according assess an expedite fee for purchase orders requested to art.14.2 or be shipped prior to claim additional compensation agreed lead-times. Buyer will pay all transportation costs (including insurance, taxes, and customs duties) and for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall claims to be permitted only filed with the consent carrier. Title to goods will pass to Buyer alongside risk of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods loss or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety damage in accordance with the Agreement applicable Incoterm agreed between the Parties. Unless expressly specified to the contrary, stock goods will be shipped promptly, and goods not in stock will be shipped as soon as commercially reasonable. However, all shipping dates are approximate and time shall not be of the essence. Shipping dates are based upon the current availability of material, existing production schedules, and prompt receipt of all necessary information. Seller will not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of its obligations caused by force majeure, act of God, or any other cause or condition beyond Seller's reasonable control and foreseeability. In the event of any such delay or nonperformance, Seller may, at the location designated by Buyer.
5.9 The Seller its preference, and without liability, cancel all or any portion of a purchase order and/or extend any date upon which any performance thereunder is due. Any delivery not in dispute shall provide Buyer be paid for regardless of other controversies relating to other delivered or undelivered goods. Orders will be considered complete upon shipment of a current material safety data sheet (“MSDS”) for each Good supplied quantity up to Buyer 5% over or under the Agreement on an annual basis or sooner amount specified in the event such document has been modifiedpurchase order when it is impracticable to produce the exact quantity ordered.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 2 contracts
Sources: Sales Contracts, Sales Contracts
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 (a) Time of delivery of the Goods and of performance of the Services is of the essence and under this Contract. Except for Buyer’s written consent, the delivery time cannot be delayed. Delivery in advance shall start be no more than [**] days prior to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed delivery date, relating to every specific PO, stated in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the laterBuyer’s e-business website.
5.3 Exceeding (b) Supplier agrees to prepare all documents and materials regarding law, regulation, import/export license, and other administration needed for shipping Products to the completion deadlines for delivery place stipulated in Section 6. When make each shipment, Supplier should login Buyer’s e-business website to feedback shipment information. For avoidance of doubt, as the execution of Products may need to [**], the Services Supplier is required to deliver the Products [**] at the place stated in Section 6. The Supplier should obtain any necessary export license or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment other documentation prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage Products and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify inform the Buyer of such insurance coverinformation. The Buyer should provide necessary assistance for the Supplier’s application.
5.6 (c) If Supplier for any reason anticipates that deliveries will not be made as required, it shall immediately give Buyer written notice setting forth the details and plan for corrective action. Such data shall be informational only and shall not be construed as a waiver by Buyer of any delivery is made before the delivery date specified schedule or of any such rights or remedies. If delay or inability to perform arises from interruption of supply or scarcity of raw materials or parts used by Supplier, Buyer’s orders shall be given priority in the Purchase Order, the Buyer may return the Goods production scheduling to the Seller at same extent as Supplier’s other strategic partners. ZTE Kangxun Telecom Co. Ltd Copyright Reserved Page 8 of 35 Ver.2008-10 ZTE ZTE/Acacia Confidentialp
(d) Once Products have passed Buyer’s Delivery Inspection, which will be promptly confirmed and publicized on the Seller's Buyer’s website, ownership and risk and expenseof Products shall be transferred to Buyer.
5.7 Each delivery must (e) All Products shall be accompanied packed by details of the exact quantity Supplier in suitable containers with sufficient protection together with proper and description of the Goods and/or the Services performednecessary marks during shipment and storage. Shipping documents stating the relevant Purchase Order number for each shipment must The package shall be sent reasonably suitable to prevent Products from damages caused by regular mail moisture, vibration or email contamination. The marks shall include but not limited to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to shipping ▇▇▇▇, Indicative ▇▇▇▇, Warning ▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered Supplier will be liable for any damages to the allnex premises, the original bill of lading must be furnished with the invoice(s)Products prior to delivery due to insufficient packaging or improper marks by Supplier.
5.8 Delivery (f) Supplier is completed only if required to print Buyer’s barcode labels from Buyer’s e-business website and stick them to the agreed Goods or Services are minimum packages of delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide goods. Information on Supplier’s container labels will include, without limitation: Supplier name, Supplier P/N, Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customersP/N, the Buyer PO number, production lot number, quantity, weight, carton number. Products delivered shall be given priority over all other attached with packing list and three copies of the Seller's customersinvoices.
Appears in 2 contracts
Sources: General Conditions of Purchase (Acacia Communications, Inc.), General Conditions of Purchase (Acacia Communications, Inc.)
Delivery. 5.1 Delivery takes place As stated above, all bids for merchandise delivered via Vendor truck or common carrier are to be shown on agreed ICC INCOTERMSthe bid two ways 1) as FOB destination, freight prepaid, loaded, inside and 2) as FOB destination freight collect, unloaded inside. If no INCOTERMS applyWhen delivery is made using a Vendor truck, Bidders shall include a delivery charge or freight allowance for the collect option, to be invoiced to the Authority as a separate charge. The Authority will have the sole discretion to determine which method it prefers. The Authority may accept the delivery charge or allowance, or arrange its own transportation on a delivery by delivery basis as requested by the Authority and deduct the allowance from the invoice. Time of delivery shall be understood between the hours 8 A.M. and 3 P.M. Monday through Friday, unless otherwise indicated. All deliveries must be scheduled with Authority personnel at least forty-eight (48) hours in advance. Merchandise may be returned if prior arrangements are not made with the delivery location(s). All warehouse-merchandise must be shrink-wrapped with clear plastic and palletized on non- returnable pallets. Delivery truck trailer length cannot exceed 45 feet in length. The Authority will not accept an overage in any amount, but will accept partial shipments with the option to occur cancel the balance of the order at the moment unloading has finished taking place at Authority's discretion. In case of partial shipments, Vendors are required to indicate on both the location designated by Buyerpacking slip and the invoice that this is a "Partial Shipment" and must indicate that "Balance Back Ordered.
5.2 Time of delivery of the Goods " Payment will be made, only for items actually delivered and of performance of the Services is of the essence and shall start to run from the date of acceptance accepted by the Seller Authority. The Vendor shall ensure that each delivery made to the Authority is pursuant to and in accordance with the quantity specified, project specification and to the correct delivery point as printed below. In addition to and not in limitation of any rights the Purchase Order or Authority may have against the date on which Vendor, the Seller is placed in possession of such information and drawings as Authority may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of adjust the total amount of any invoice where inside delivery was specified but was not performed by the Purchase Order per working day Vendor or their delivery agent. The Vendor is responsible for any and all duplicate deliveries and/or over-shipments. The Authority may not pay for any duplication of delay, capped at 10% deliveries and/or over-shipments. Vendors shipping merchandise via parcel or common carrier are to provide the Authority with a tracking number upon shipment of the total amount of the Purchase Ordermerchandise. This penalty may not under any circumstances information is to be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods forwarded via e-mail to the Seller at address indicated on the Seller's risk PO or BOA release. Vendors must identify on all shipments and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant invoices their Purchase Order number or release number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving officeproper receipt and payments. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point Any deviation from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner these requests may cause delay in the event such document has been modified.
5.10 If the Seller is in the position payment of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.invoices. The "Deliver to/Ship to" address for this contract is: CALL SUPERINTENDENT OR DEPT. MANAGER United States
Appears in 2 contracts
Sources: Request for Quotation, Request for Quotation
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS(a) Purchase order delivery schedules must be strictly adhered to. If no INCOTERMS applyearly/late and/or over/under shipments to scheduled deliveries will not be tolerated. Any deviation to this policy, unless authorized by ▇▇▇▇▇’s Authorized Procurement Representative, will result in material being returned at the Seller's expense. Buyer does not recognize any "Industry Shipping Tolerances." Seller shall strictly adhere to the shipment or delivery schedules specified in the Contract and delivery shall be understood made by Seller at such times and places and of such items and quantities as Buyer may from time to occur at the moment unloading has finished taking place at the location designated by Buyertime specify.
5.2 Time (b) In the event of delivery any anticipated or actual delay, Seller shall: 3 (b) - Delivery (Cont.)
(i) Promptly notify Buyer in writing of the Goods reasons for the delay and the actions being taken to overcome or minimize the delay;
(ii) Provide Buyer with a written recovery schedule; and
(iii) If requested by ▇▇▇▇▇, ship via air or expedited routing to avoid or minimize delay to the maximum extent possible, unless Seller is excused from prompt performance as provided in -0807 ¶ 16, EXCUSABLE DELAYS. Seller will pay the difference between the method of performance of shipping specified and the Services is of the essence actual expedited rate incurred. The notification in (i) above shall be informational only in character and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may not be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered construed as a waiver by Buyer of any delivery schedule or date or of any Buyer’s rights or remedies provided by law or the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the BuyerContract.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the (c) Seller shall be responsible for arranging suitable storage at suitable premises of the Goodsany additional charges resulting from deviation from Buyer's routing instructions (See -0807 ¶ 4, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase OrderPACKAGING AND SHIPPING, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(sbelow).
5.8 Delivery is completed only if (d) If Seller fails to make delivery promptly and regularly, as required under the agreed Goods or Services are delivered Contract, Buyer may, in their entirety addition to other remedies available at law, terminate the Contract in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.-0807 ¶ 19,
Appears in 2 contracts
Sources: Purchase Order, Purchase Order
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery Time shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence in this Order. Delivery must be in strict compliance with the schedule contained in this Order and shall start be made by Seller at such times and places and of such items and quantities as are specified by Perfekta. Perfekta may adjust the delivery schedule at its discretion without charge or expense to run from Perfekta. Goods fabricated in excess or in advance of Perfekta’s requirements contained in this Order are at Seller’s risk. Perfekta reserves the right to return to Seller, at Seller’s expense, all Goods received more than seven (7) calendar days ahead of the required delivery date. Perfekta reserves the right, without loss of discount privileges, to pay invoices covering items shipped in advance of the schedule on the normal maturity after the date specified for delivery. If Seller fails to meet its scheduled delivery dates and Perfekta elects to call for expedited shipments, Seller will pay the difference between the method of acceptance by shipping specified and the actual expedited rate incurred. Should Perfekta accept Goods which are not delivered on or before the required delivery date, which option Perfekta reserves, the Seller shall be liable for all additional costs incurred by Perfekta, because of such delay(s) including, but not limited to, telecommunication costs, additional or premium transportation charges, special handling expenses, damages incurred by Perfekta from its customer attributed to Seller’s failure to perform its obligations under this Order and costs to Perfekta, to use Goods out of normal manufacturing sequence or schedule, in addition to other remedies available by law to Perfekta. The Parties further acknowledge that the nature and actual amount of costs associated with delivery delay are uncertain and difficult to calculate. Therefore, Perfekta may choose, in its sole discretion, to require Seller to pay Perfekta liquidated damages. The parties acknowledge that such payments are not intended as a penalty, but are, in lieu of the Purchase Order or the date on which the Seller is placed in possession of actual damages measured by such information and drawings as may costs. If Perfekta chooses to recover liquidated damages, they shall be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount value of the Purchase Order delinquent items per working day of delay or a minimum of $100 for each item per day of delay, capped at 10% . The parties agree this calculation represents a reasonable estimate of the total amount additional costs to be incurred by Perfekta in connection with a delivery delay. Accumulation of liquidated damages will be subject to a grace period of five (5) days per item after which liquidated damages shall begin. Perfekta’s choice to recover such liquidated damages for delayed delivery on any one or more occasions shall not, however, preclude Perfekta from recovering the Purchase actual costs incurred because of delayed delivery on any other occasion. Title and risk of loss shall remain in Seller until Goods are delivered to Perfekta. Notwithstanding such delivery, Seller shall bear risk of loss or damage to Goods purchased hereunder from the time that Perfekta gives notice of rejection of Goods pursuant to the inspection provisions of this Order. This penalty may not under any circumstances be considered as a waiver of If Seller encounters or anticipates difficulty in meeting the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments delivery schedule, Seller shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed immediately notify Perfekta in writing.
5.5 If , giving pertinent details; provided however, that the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars receipt of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.information shall
Appears in 2 contracts
Sources: Purchase Order, Purchase Order
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, The lead-time for delivery of Agreement Products shall be understood mutually agreed to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller parties, and EVOLUS shall attempt to minimize such lead-time as reasonably requested by DISTRIBUTOR, subject to Daewoong’s ability to produce Agreement Products and EVOLUS’ reasonable exercise of discretion to allocate inventory and production resources to meet other demands. EVOLUS will promptly notify DISTRIBUTOR of any circumstances for delay in delivery and EVOLUS will use commercially reasonable efforts to minimize such delay. At the request of DISTRIBUTOR, EVOLUS agrees to assume the burden of bearing all additional costs associated with premium freight for corrective action as a result of delays caused by events under the reasonable control of EVOLUS, including failure to order materials in a timely fashion to accommodate required lead times. Partial deliveries may not be made without DISTRIBUTOR’s prior written approval. Unless otherwise specified in individual Purchase Order Orders, all Agreement Products sold by EVOLUS to DISTRIBUTOR hereunder will be delivered CIF (Incoterms 2010), named place: Toronto), or the date on which the Seller is placed in possession of such information and drawings as any other place that may be necessary mutually agreed upon by EVOLUS and the DISTRIBUTOR from time to enable him time. Except as provided below, DISTRIBUTOR will pay all freight, shipping, insurance, duties, forwarding and handling charges, taxes, storage and all other charges applicable to start work on the Goods or items after they are delivered by EVOLUS to the Servicesnamed place. To minimize delays, whichever may be DISTRIBUTOR shall use the later.
5.3 Exceeding same delivery service as used by EVOLUS to deliver to the completion deadlines for the execution of the Services or named place, provided, that if DISTRIBUTOR uses an alternative delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delayservice, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller DISTRIBUTOR shall be responsible for arranging suitable storage at suitable premises all fees related to any additional paperwork, delivery charges or other fees. EVOLUS shall make all shipping arrangements and prepare all necessary documentation and declarations. DISTRIBUTOR shall assume all risk of loss for the GoodsAgreement Products upon CIF delivery by EVOLUS, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods except to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail extent any such loss is directly attributable to any act or email to the plant or office which issued the Purchase Order omission on the day on which the shipment is made, marked for the attention part of the logistic/receiving officeEVOLUS prior to such delivery. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer DISTRIBUTOR shall be given priority over the importer of record for all other shipments of the Seller's customersAgreement Products hereunder.
Appears in 2 contracts
Sources: Exclusive Distribution and Supply Agreement (Evolus, Inc.), Exclusive Distribution and Supply Agreement (Evolus, Inc.)
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS applyAmneal shall deliver, delivery or shall be understood cause its Affiliate or Permitted Subcontractor to occur at the moment unloading has finished taking place at the location designated deliver, all quantities of Product ordered by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start Metsera pursuant to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Firm Order on the day on which date specified for delivery by Metsera in the applicable Firm Order [***]. Each such shipment of commercial Product shall include the full amounts of Product ordered under such Firm Order; provided, however, that the quantity of Products delivered by Amneal may vary [***] from the quantities specified by Metsera in the applicable Firm Order, provided that any shortfall is made, marked for the attention received by Metsera within [***] of the logistic/receiving officedate specified for delivery. Invoices stating the relevant Purchase Order number should Shipments of Products will be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced made [***] of Amneal or its Affiliate or Permitted Subcontractor, as applicable, unless otherwise mutually agreed by the Seller but shipped Parties. As between the Parties, risk of loss or of damage to Products will remain with Amneal until Amneal or its Affiliate or Permitted Subcontractor loads the Products onto the carrier’s vehicle for shipment at the shipping point at which time risk of loss or damage will transfer to Metsera. Notwithstanding the foregoing, Amneal will, or will require its Affiliate or Permitted Subcontractors to, in accordance with Metsera’s reasonable instructions and as agent for Metsera, (a) arrange for shipping (such shipping to be paid by a third partyMetsera) and (b) at Metsera’s expense, obtain any other official authorization necessary to export the invoice shall bear Products. Metsera will arrange for insurance and will select the name of the shipper and the point from which the delivery originatedfreight carrier used by Amneal or its Affiliate or Permitted Subcontractor to ship Products. If shipment is not delivered to the allnex premises, the original bill of lading must Products will be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety transported in accordance with the Agreement at Specifications. Upon each shipment of the location designated Product, Amneal will provide to Metsera the Release Documentation and such other documentation in English as is required to meet Applicable Law, or such other documentation as the Parties may agree upon in writing. The Parties shall cooperate reasonably to obtain all licenses or permits necessary to ship the Product (the evaluation of which licenses or permits required shall be performed by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) Metsera or its designee). Metsera or its designee is responsible for each Good supplied to Buyer under import control compliance. On the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position date of being able to supply some but not all of its customersshipment, the Buyer Products shall be given priority over all other of have at least the Seller's customers.Minimum Remaining Shelf Life. [***]
Appears in 2 contracts
Sources: Development and Supply Agreement (Metsera, Inc.), Development and Supply Agreement (Metsera, Inc.)
Delivery. 5.1 Delivery takes place a. Any dates quoted for delivery of the Products are approximate only and WG shall not be liable for any delay in delivery of the Products however caused. Time for delivery shall not be of the essence of any Contract. Any Products may be delivered by WG in advance of the quoted delivery date upon giving reasonable notice to Buyer.
b. Unless otherwise agreed in writing, delivery of the Products shall be made at WG’s premises upon notification to Buyer that such Products are ready for collection. Buyer shall be entitled to collect the Products any time thereafter on agreed ICC INCOTERMSreasonable notice during WG’s normal business hours. If no INCOTERMS applyWG shall have the right to assume that any person who both reasonably appears and claims to have the authority to accept and sign for delivery of the Products on behalf of Buyer does, in fact, have requisite authority from Buyer.
c. Claims for non-delivery of Products must be made in writing to WG within five (5) working days from the date of invoice. In the event WG should agree to deliver Products directly to Buyer’s customer any such delivery shall be understood deemed to occur at the moment unloading has finished taking place at the location designated be made to Buyer and any refusal by Buyer's customer to accept such delivery shall be deemed to be a refusal by Buyer.
5.2 Time d. Buyer agrees to accept partial delivery of Products ordered unless otherwise mutually agreed by the parties in writing. Where the Products are delivered in instalments, each delivery shall constitute a separate Contract. Failure by WG to deliver any one or more of the instalments in accordance with these Agreements or any claim by Buyer in respect of any one or more instalments shall not entitle Buyer to treat a Contract as repudiated or to cancel any other instalment.
e. If Buyer fails to take delivery of the Products or fails to give WG adequate delivery instructions in its Purchase Order then, without prejudice to any other right or remedy available, WG may: (i) store the Products until actual delivery and charge Buyer for the reasonable costs thereof, including insurance costs; or (ii) terminate the Contract forthwith and sell the Products.
f. Buyer shall bear any and all costs (including original and return carriage costs) associated with any unjustified refusal of delivery of the Goods and Products ordered pursuant to a Contract.
g. If there is a shortage of performance Products available to WG then WG may allocate any available Products between its buyers on such a basis as it deems appropriate. In case of the Services is foregoing, then Buyer agrees to accept any Products delivered to it and shall pay the appropriate pro-rated portion of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of invoiced price for such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the laterProducts.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 2 contracts
Sources: Sales Contracts, Sales Contracts
Delivery. 5.1 Delivery takes place The Seller shall, in accordance with this Section 6, deliver the Items to Purchaser on agreed ICC INCOTERMSthe date(s) indicated in the Purchase Order. If no INCOTERMS applySeller anticipates that it will not deliver the Items on the date(s) indicated, Seller shall immediately notify Purchaser by the fastest available means, of the anticipated failure and the anticipated actual delivery shall be understood date. If Seller fails to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of make delivery of the Goods and of performance any part of the Services is of Items on the essence and shall start to run from the date of acceptance by the Seller of date(s) indicated in the Purchase Order or and per the terms of the Contract, the Purchaser may terminate the Purchase Order and/or the Contract and pursue other remedies. Without prejudice to the other rights of Purchaser, in case of delay in delivery from the due date on which the Seller is placed in possession of such information and drawings as may shall be necessary liable to enable him pay liquidated damages amounting to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 11.0% of the total amount value of the Purchase Order Items delivered late per working day week up to a maximum of delay, capped at 10% of the total amount entire value of the Purchase Order. This penalty may not under any circumstances be considered as a waiver In case of delay in delivery by more than four (4) weeks Purchaser reserves the right to terminate purchase the Purchase Order according to art.14.2 or to claim Items from any other sources other than Seller and shall recover any additional compensation for any loss suffered costs incurred by the Buyer.
5.4 Delivery of Goods Purchaser in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date this regard from Seller. Unless otherwise specified in the Purchase Order, the Buyer may return the Goods all shipments shall be delivered F.O.B. to the destination designated by Purchaser in the Purchase Order, and title and risk of loss shall remain with Seller until the Items in a completed state are received by Purchaser, its agent or consignee regardless of whether or not Purchaser has made full payment for the Items. In case of local buy, Seller will intimate Purchaser by shipping notices at F.O.B. destination in advance. Other relevant shipping document copies should be submitted by Seller to Purchaser’s designated address mentioned in the Seller's risk Purchase Order. In case of imports, Seller will mail bills of lading and expense.
5.7 Each delivery must be accompanied by details shipping notices directly to the F.O.B. destination on the day of the exact quantity and description shipment. Bills of the Goods and/or the Services performed. Shipping documents stating lading shall indicate the relevant Purchase Order number for each shipment must number. Purchaser may require adherence to its routing instructions, and any savings resulting from adherence to such instructions shall be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention benefit of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇Purchaser.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 2 contracts
Sources: General Terms and Conditions of Purchase, General Terms and Conditions of Purchase
Delivery. 5.1 Delivery takes place 7.1 FQS will use best efforts to target on agreed ICC INCOTERMS. If time delivery based on monthly forecast provided by Customer, in no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run case later than thirty (30) calendar days from the date of acceptance by the Seller of the Purchase Order or acceptance. Each configuration Order received from Customer will include the date on which the Seller Product is placed to be delivered to either Customer or their designated customer location. FQS agrees that time is of the essence in possession this Agreement and that any delays shall constitute a material breach of such information this Agreement. FQS agrees to indemnify Customer against any and drawings all damages suffered by Customer as a result of FQS’s delays in delivery. If FQS fails to meet any agreed delivery date, except for reasons of force majeure and without prejudice to any other rights Customer may be necessary have under this Agreement or by law, FQS shall pay to enable him to start work on Customer upon Customer’s request the Goods or minimum damages payment in the Services, whichever may be amount of one (1) percent of the later.
5.3 Exceeding the completion deadlines purchase prices for the execution of Products to be delivered pursuant to the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase delayed Order per working calendar day of delay, capped at 10% up to a maximum amount per delay event of twenty percent (20%) of such purchase prices. The payment of any of these amounts or parts thereof shall not discharge FQS of its obligations to supply the Products or of any other liabilities or obligations under this Agreement and/or any Order. Unconditional acceptance or receipt of any delayed Products shall not preclude Customer from claiming any outstanding amounts specified above. In the event the delay exceeds fifteen (15) days, Customer may, in addition to the foregoing rights, terminate the affected Order wholly or in part without incurring any charges or liability. Notwithstanding the foregoing, FQS is not responsible for delays solely caused by delayed on the part of Customer’s designated or approved parts vendors if FQS notifies Customer of the total amount unavailability of such parts within 7 days from the date of the Purchase Customer’s Order. This penalty may An approved vendor is a parts vendor on Customer’s list of approved vendors. A designated vendor is a vendor designated by Customer in its ▇▇▇▇ of Materials issued by Customer.
7.2 The FOB point is ex factory.
7.3 FQS and Customer shall agree to delivery schedule flexibility requirements specific to the Product as documented in the addenda.
7.4 Upon learning of any potential delivery delays, FQS will notify Customer as to the cause and extent of such delay.
7.5 If FQS fails to make deliveries at the specified time and such failure is caused by FQS, FQS will, at no additional cost to Customer, employ accelerated measures such as material expediting fees, premium transportation costs, or labor overtime required to meet the specified delivery schedule or minimize the lateness of deliveries.
7.6 Should Customer require FQS to undertake export activity on behalf of Customer, Customer agrees to submit requested export information to FQS pursuant to FQS Guidelines for Customer-Driven Export Shipments as provided in the addenda.
7.7 Customer and its customers shall inspect the Products within thirty (30) days after receipt and, whether or not under any circumstances be considered as a waiver of Customer conducts such inspection, Customer and its customers shall have the right to terminate the Purchase Order according reject any non-conforming Product. Customer shall provide written notice to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by FQS setting forth full details of the exact quantity reasons for rejection and description of if the Goods and/or Products are found to be non-conforming, FQS shall pay for Customer and its customer’s cost incurred in returning the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email Product to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s)FQS.
5.8 Delivery is completed only if 7.8 FQS shall, at its sole expense, obtain any and all necessary governmental approvals and other authorizations and approval that are appropriate or necessary to carry out the agreed Goods or Services are delivered proposed activities contemplated in their entirety in accordance with this Agreement. FQS shall obtain all necessary governmental and regulatory approvals to sell the Agreement at the location designated by BuyerProducts to Customer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 2 contracts
Sources: Standard Manufacturing Agreement, Standard Manufacturing Agreement (Envivio Inc)
Delivery. 5.1 Delivery takes place must be made during Purchaser’s normal work hours. Delivery will be within a maximum of seven (7) business days after the receipt of the written order by the Contractor. The Contractor must submit an acknowledgment of the order within 24 hours from the time of their receipt of the order. It is recommended that the Purchaser provide the Contractor with an estimated annual usage schedule. Such schedule is not an obligation on agreed ICC INCOTERMSthe part of the Purchaser to Purchase, but rather to assist the Contractor in inventory control. If no INCOTERMS apply, Delivery charges that cover the delivery to Purchaser’s loading dock must be included in the price of the gas. Inside delivery shall also be understood available, at customer’s request, at bid price (See Price Sheets). Inside delivery is defined as the person(s) delivering the goods shall deliver the items to occur exact location requested whether it is on the first or the tenth floor, etc. Any orders requiring this service shall be clearly documented to so indicate. At time of delivery and at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery request of the Goods and of performance Purchaser, the Contractor will provide an industry standard written analysis of the Services is gas(es) being delivered. Failure to comply with agreed upon delivery times may subject Contractor to liquidated or other damages. The Purchaser may refuse shipment when delivered after normal working hours. The Contractor shall verify specific working hours of the essence individual Purchasers and shall start instruct carrier(s) to run from the date of deliver accordingly. The acceptance by the Seller Purchaser of late performance, with or without objection or reservation by the Purchase Order Purchaser, shall not waive the right to claim damage for such breach, nor preclude DES or the date on which the Seller is placed in possession Purchaser from pursuing any other remedy provided herein, including termination, nor shall such acceptance of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as late performance constitute a waiver of the right requirements for the timely performance of any obligation remaining to terminate be performed by Contractor. All deliveries are to be made to the Purchase applicable delivery location as indicated in the Order according Document. When applicable, the Contractor shall take all necessary actions to art.14.2 safeguard items during inclement weather. In no case shall the Contractor initiate performance prior to receipt of written or to claim additional compensation for any loss suffered verbal authorization from authorized Purchasers. Expenses incurred otherwise shall be borne solely by the BuyerContractor.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 2 contracts
Sources: Contract for Gases: Medical, Specialty, and Industrial, Contract for Gases: Medical, Specialty, and Industrial
Delivery. 5.1 Delivery takes place of all Contract items shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on agreed ICC INCOTERMSthe Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If no INCOTERMS applyan Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight ▇▇▇▇. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be understood to occur at the moment unloading has finished taking place at most economical method and the location designated by Buyer.
5.2 Time of delivery Authorized User must be informed of the Goods additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of performance receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment cost prior to completion of the Agreement unless the Buyer has agreed delivery and agree in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods writing to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.additional charge
Appears in 2 contracts
Sources: Medical and Laboratory Supplies and Equipment Agreement, Agreement for Medical and Laboratory Supplies and Equipment
Delivery. 5.1 Delivery 8.1 The Contractor shall deliver the Products EXW(Incoterms 2010) at the Contractor’s premises in accordance with this LTA and with the quantities and other instructions as specified in the Purchase Orders (for shipping instructions, refer to Art. 9). All risks of loss or damage to the Products shall remain with the Contractor until delivery takes place in accordance with the LTA. The Contractor shall load the Products onto the first carrier (truck) collecting the Products at the Contractor’s premises.
8.2 Delivery shall not exceed the number of days specified for each item in the respective Purchase Order and the Contractor acknowledges that lead time is calculated from the time of issuance of a Purchase Order accepted by the Contractor, including the manufacturing period, until the Products are available for dispatch from the Contractor’s premises.
8.3 Delivery shall only be completed upon the arrival of the Products at the final destination in accordance with instructions on agreed ICC INCOTERMSa Purchase Order, and verification by IDA’s personnel or representatives or consignee (if applicable) that the Products are in a satisfactory condition. If no INCOTERMS apply, delivery Inspection and verification of the Products shall be understood made as soon as reasonably practicable after receipt. IDA’s personnel or representatives or consignee (if applicable) shall be entitled to occur at reject and refuse acceptance of the moment unloading has finished taking place at Products not conforming to this LTA and the location designated by Buyerrelated Purchase Order. Payment for any non- conforming Products pursuant to this LTA shall not be deemed an acceptance of the Products.
5.2 Time of delivery 8.4 The Contractor acknowledges that any inspection and/or verification of the Goods Products by IDA’s personnel or representatives or the contracted Quality Control Agent, does not involve the operational and functional status of the Products.
8.5 The Contractor acknowledges that time shall be of the essence in performance of the Services is of the essence LTA, and it shall start use its best endeavors to run from the date of acceptance abide by the Seller delivery dates stated in the Purchase Orders, provided however, that where the Contractor does not meet the delivery period(s) ▇▇▇ shall be entitled to give the Contractor notice of its intention to cancel the Purchase Order or unless Products are delivered within the date on which the Seller is placed in possession of such information agreed and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the laterspecified time frame.
5.3 Exceeding 8.6 In the completion deadlines for event that the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer Contractor is not able to accept ensure delivery of by the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date dates specified in the Purchase Order, ▇▇▇ shall be entitled to request the Buyer Contractor to pay any additional transport costs (e.g. airlifting) and/or additional Quality Control cost which may return reasonably be incurred as the Goods result of IDA’s obligations to its clients to deliver the Seller at the Seller's risk Products on time and expenseto avoid stock outs.
5.7 Each 8.7 For late delivery must be accompanied of Products or for items which do not meet specifications and are therefore rejected by details ▇▇▇ or the consignee, ▇▇▇ can claim liquidated damages from the Contractor and deduct 0.2% of the exact quantity and description value of the Goods and/or the Services performed. Shipping documents stating the relevant Products pursuant to a Purchase Order number for each shipment must be sent by regular mail or email per additional day of delay, up to a maximum of 10% of the plant or office which issued value of the Purchase Order on Order. The payment or deduction of such liquidated damages shall not relieve the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point Contractor from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all any of its customers, the Buyer shall be given priority over all other of the Seller's customersobligations or liabilities pursuant to this LTA or a Purchase Order.
Appears in 2 contracts
Sources: Long Term Agreement, Long Term Agreement
Delivery. 5.1 Delivery takes place on Unless otherwise agreed ICC INCOTERMS. If no INCOTERMS applyin writing, delivery all deliveries of Products shall be understood made Ex Works of Seller's factory in accordance with ICC's Incoterms (2000). All risks of loss or damage to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and Products shall start to run pass from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If when the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they Products are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety Buyer in accordance with the Agreement at the location designated by Buyer.
5.9 agreed trade term as defined in ICC's Incoterms (2000). The Seller shall provide may make deliveries in installments which will be invoiced individually. The Buyer will make payment in accordance with clause 4 of these Standard Terms and Conditions. Times specified for delivery of the Products are given and intended as estimates only unless otherwise agreed in writing. Where a current material safety data sheet (“MSDS”) firm time for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document delivery has been modified.
5.10 If expressly agreed upon, no delivery shall be considered overdue until the Buyer has made a written request for delivery and given the Seller a reasonable opportunity to comply therewith. The Buyer shall have the right to cancel the Contract by serving written notice to the Seller if the Seller is unable due to circumstances for which it is fully responsible to comply with the extended or postponed delivery time and the Buyer has stated in writing when agreeing to the position new delivery time that it will refuse to take delivery if the new delivery date is not met. In no event shall the Seller be liable for indirect, special, consequential or punitive damages arising out of being able or in connection with the late delivery of the Products. The Buyer shall inspect or have inspected the Products delivered and shall notify the Seller in writing of any discrepancy regarding the quantity, specification or quality of the Products to supply some but not all the order within fourteen (14) days of its customersreceipt of the Products. Once this time period has elapsed, the Buyer shall be given priority over all other deemed to have accepted the Products. The Seller shall replace incorrect Products and deliver additional Products to meet the ordered quantity and the Buyer shall have no claim to compensation whatsoever. The Buyer shall not return any Products without the prior written permission of the Seller's customersSupplier. Submitting a claim shall at no time release the Buyer from its obligations under the Contract.
Appears in 2 contracts
Sources: Standard Terms and Conditions of Sale, Standard Terms & Conditions of Sale
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMSmust be in strict compliance with the schedule contained in the Order. All goods to be delivered hereunder shall be packaged to insure safe arrival at their destination, to secure the best transportation means and to comply with the requirements of common carriers. Delivery shall be made by Seller at such times and places and of such goods and quantities as may from time to time he specified by Buyer. If no INCOTERMS apply, delivery shall be understood Seller fails to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or meet its schedule delivery dates and Buyer elects to call for expedited shipments, Seller will pay the difference between the method of shipping specified and the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Orderactual expedited rate incurred. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to any additional charges resulting from deviation from ▇▇▇▇▇'s routing instructions. If Seller fails to make delivery promptly and regularly as required hereunder, ▇▇▇▇▇ may, in addition to other remedies available at law, terminate the Order by giving notice to Seller. Title and risk of loss shall remain with Seller until goods are delivered to the F.O.B. point specified herein. Notwithstanding such delivery, Seller shall bear risk of loss or damage to goods purchased hereunder from the time that ▇▇▇▇▇ gives notice of rejection of goods pursuant to the inspection provision of these terms and conditions. If Seller encounters or anticipates difficulty in meeting the delivery schedule, Seller shall immediately notify Buyer in writing, giving pertinent details, provided, however, that such data shall be informational only in character and shall not be construed as a waiver by Buyer of any delivery schedule or date or of any rights or remedies provided by law or the Contract. Parts fabricated in excess of or in advance of ▇▇▇▇▇▇▇@'s release are at Seller's risk. Buyer reserves the right, without loss of discount privileges, to pay invoices covering goods shipped in advance of the schedule on the normal maturity after the date specified for delivery. Buyer also reserves the right, without loss of discount privileges, to pay invoices only after successful acceptance testing has been accomplished, when such test is performed by the Buyer and is a requirement in the Order. ▇▇▇▇▇▇.'s order numbers and symbols must be plainly marked on all invoices, packages, bills of lading shipping orders. For each shipment, shipping memos, packing lists and certification of compliance and/or assurance must accompany materials. Buyer's count or weight shall be final and conclusive on shipments not accompanied by packing lists. Material must be in accordance with ▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s)▇▇'s instructions.
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 2 contracts
Sources: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions
Delivery. 5.1 (a) For delivery costs and arrangement, please refer to the Online Shop Delivery takes place on agreed ICC INCOTERMSPolicy.
(b) We may deliver the merchandise in one or more instalments.
(c) Any times and dates given for dispatch of merchandise, or the length of time that merchandise will take to be delivered, are only estimates. If we are unable to meet any stated dispatch or delivery dates or times we will inform you as to the progress of your order. You agree and accept that under no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyercircumstances will we accept cancellation of order or refund.
5.2 Time of (d) You can opt for courier delivery of the Goods and of performance Order to your nominated address. We accept Orders for delivery in Hong Kong only. Alternatively, you may opt for pick-up of the Services is Order (if applicable) from our designated physical stores.
(e) We will not accept any changes to the delivery method once the Order has been confirmed.
(f) We shall endeavour to arrange to deliver the Products at the delivery address designated by you. We reserve the right to revise any terms of services (including but not limited to the covered areas for delivery, delivery timeframe and/or the delivery fee) from time to time without prior notice.
(g) In order to protect the interest of you, comply with applicable statutory requirements and manage a complete record of such delivery, our employee or agent may request the designated recipient to produce the credit card which you used for the Order and your original ID Card or other identification document acceptable by us in person for verification of the essence name of such recipient, age of such recipients (for intoxicating liquor or other restricted Products), the duly completed authorization (if applicable) and any other relevant documents for verification purpose upon delivery. We reserve the right to decline any delivery of the Products/ Services if we are not satisfied with the verification of the recipient and no reasons shall start be given.
(h) All dates quoted by us for the delivery of Products/ Services are estimates only. In no event shall we be liable for any additional or increased cost, loss of profits or goodwill or any other special, incidental direct or indirect or consequential damages due to run from late delivery or non-delivery of any Products/ Services.
(i) If you fail to take delivery of the Products/ Services or any part of them more than 30 days after the date of acceptance by purchase or fails to provide accurate and clear delivery instructions, documents, consents or authorizations required to enable the Seller Products/Services to be delivered, we shall have the sole discretion to dispose of the Purchase Order goods without further notice and without any liability and you will not be entitled to any refund or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the laterset off from us for any price paid.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result (j) Any risk in the application of a penalty equal Products shall pass to 1% of you upon the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept physical delivery of the Goods or installation Products to the address identified by you in your Order, regardless of whether you are the designated recipient of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coverdelivery or not.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 2 contracts
Sources: Online Shop Terms and Conditions, Online Shop Terms and Conditions
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of 4.1 Each delivery of the Goods Products shall be accompanied by a Certificate of Compliance or such other forms as prescribed by the Buyer and a delivery note containing the Buyer's purchase order number, the part number, quantity of performance Products delivered and drawing (if any).
4.2 For overseas Vendors, the Vendor’s invoice, packing list, Bill of Lading or Air Way Bill shall be faxed or sent by electronic means to the Buyer prior to delivery of the Services Products, with the original copies mailed to the Buyer within one (1) week thereafter.
4.3 The Vendor shall ensure there is proper and robust packaging to protect the Products against damage from transportation, handling, and/or storage, and shall comply with all applicable laws, enactments, orders, regulations and other instruments relating to the manufacture, packing, packaging, marking, storage, handling, and delivery of the essence and shall start to run from the date of acceptance Product. Unless otherwise agreed in writing by the Seller of Buyer, all packaging costs shall be borne by the Purchase Order or Vendor. The Vendor shall ensure that pallets, if used in any delivery, shall conform to such size specifications stipulated by the date on Buyer, failing which the Seller is placed in possession of Products may not be accepted.
4.4 The Vendor shall deliver the Product to the Buyer's warehouse or such information and drawings other address as may be necessary indicated in the “Ship to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution Address” section of the Services or Buyer's purchase order. The Vendor shall ensure and procure its delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered personnel abide by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer 's health, safety and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept security policies during delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coverProducts.
5.6 If delivery is made before 4.5 Unless specified by the delivery date specified in the Purchase OrderBuyer, the Buyer may return the Goods to the Seller at the Seller's risk and expensewill accept deliveries during its warehouse operating hours.
5.7 Each delivery must be accompanied by details of 4.6 The Vendor shall deliver the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety Products in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner delivery instructions in the purchase order. In the event such document has been modified.
5.10 If the Seller is Vendor delivers any Products in excess of the quantity stated in the position of being able to supply some but not all of its customerspurchase order, the Buyer shall be given priority over all other entitled to reject delivery of the Sellerexcess and return such excess to the Vendor at the Vendor's customersrisk and expenses.
4.7 In the event the Vendor for any reason anticipates any difficulty in complying with the required delivery date or in meeting any other requirements of the purchase order, the Vendor shall promptly notify the Buyer of the reason of such situation and propose a revised delivery schedule in writing, such delivery shall be by the fastest delivery means available (including premium air shipment) at the Vendor's cost.
4.8 If the Vendor fails to complete the supply of Products by the date(s) specified in the purchase order, the Buyer shall have the right to cancel all or any part of such Products from the purchase order without compensation to the Vendor and to obtain the same (including similar or equivalent Products in the case where the exact Products are not available) from other sources and all increased costs incurred shall be deducted from any moneys due or to become due to the Vendor under this Agreement or shall be recoverable as damages.
4.9 Time shall be of the essence in this Agreement and the Vendor shall supply the Products within the timelines/deadlines set out in the purchase order(s) or as otherwise agreed in writing between the Buyer and the Vendor.
Appears in 2 contracts
Sources: Purchase Order, Purchase Order
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of a. Any dates quoted for delivery of the Goods Products are approximate only and of performance WG shall not be liable for any delay in delivery of the Services is Products however caused. Time for delivery shall not be of the essence and shall start to run from the date of acceptance any Contract. Any Products may be delivered by the Seller WG in advance of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the quoted delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form upon giving reasonable notice to ▇▇▇▇▇.
b. Unless otherwise agreed in writing, delivery of the Products shall be made at WG’s premises upon notification to Buyer that such Products are ready for collection. Buyer shall be entitled to collect the Products any time thereafter on reasonable notice during WG’s normal business hours. WG shall have the right to assume that any person who both reasonably appears and claims to have the authority to accept and sign for delivery of the Products on behalf of Buyer does, in fact, have requisite authority from Buyer.
c. Claims for non-delivery of Products must be made in writing to WG within five (5) working days from the date of invoice. In the event WG should agree to deliver Products directly to Buyer’s customer any such delivery shall be deemed to be made to Buyer and any refusal by ▇▇▇▇▇▇▇@▇'s customer to accept such delivery shall be deemed to be a refusal by ▇▇▇▇▇.
d. ▇▇▇. When Goods are invoiced ▇▇ agrees to accept partial delivery of Products ordered unless otherwise mutually agreed by the Seller but shipped by a third party, parties in writing. Where the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services Products are delivered in their entirety instalments, each delivery shall constitute a separate Contract. Failure by WG to deliver any one or more of the instalments in accordance with the Agreement at the location designated these Agreements or any claim by BuyerBuyer in respect of any one or more instalments shall not entitle Buyer to treat a Contract as repudiated or to cancel any other instalment.
5.9 The Seller shall provide e. If Buyer a current material safety data sheet fails to take delivery of the Products or fails to give WG adequate delivery instructions in its Purchase Order then, without prejudice to any other right or remedy available, WG may: (“MSDS”i) store the Products until actual delivery and charge Buyer for each Good supplied to Buyer under the Agreement on an annual basis reasonable costs thereof, including insurance costs; or sooner in (ii) terminate the event such document has been modifiedContract forthwith and sell the Products.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the f. Buyer shall be given priority over bear any and all other costs (including original and return carriage costs) associated with any unjustified refusal of delivery of Products ordered pursuant to a Contract.
g. If there is a shortage of Products available to WG then WG may allocate any available Products between its buyers on such a basis as it deems appropriate. In case of the Seller's customersforegoing, then ▇▇▇▇▇ agrees to accept any Products delivered to it and shall pay the appropriate pro-rated portion of the invoiced price for such Products.
Appears in 2 contracts
Sources: Sales Contracts, Sales Contracts
Delivery. 5.1 Delivery takes place TIME IS OF THE ESSENCE IN THE DELIVERY OF ALL PRODUCTS AND SERVICES. Buyer’s schedules are based upon the delivery dates shown on the face of an Order. Buyer may cancel any Order without penalty if delivery is not made by the date and time specified in the Order. No change in the scheduled delivery date will be permitted, unless ▇▇▇▇▇ has otherwise agreed ICC INCOTERMSin writing to such change. If no INCOTERMS applyBuyer’s acceptance of Products after the scheduled delivery date shall not be deemed to be a waiver of Buyer’s rights with respect to such late delivery, nor shall it be deemed a waiver of Seller’s obligation to comply with future scheduled delivery dates and times. The Products shall be understood delivered in the quantities and on the dates or on expiry of the periods specified in the Order to occur the place(s) named therein at the moment unloading has finished taking place at risk of the location designated by Buyer.
5.2 Time Seller, and under Seller’s insurance, but in no event shall the Products be shipped before the earliest shipping date specified on the face of the Order. Upon delivery of the Goods Products, Buyer shall sign a Proof of Delivery (“POD”), it being understood that signing a POD only signifies that a shipment was received by Buyer or its agents and not that the Products have been accepted. Title to the Products shall pass to the Buyer on the earlier of performance of the Services is of the essence and shall start payment by Buyer to run from the date of acceptance by the Seller of the Purchase Order Products or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇’s signing of the POD. Transfer of such title shall not in any way prejudice ▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇’s rights of rejection. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name If any or all of the shipper and the point from which the delivery originated. If shipment is Products are not delivered to on the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”date(s) for each Good supplied to Buyer under the Agreement on an annual basis or sooner specified in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customersOrder, the Buyer shall be given priority over all entitled to accept or reject any such Products and return rejected Products at Seller’s risk and expense without prejudice to any other of its rights. Buyer shall also be entitled to recover from the Seller's customersSeller any monies paid by the Buyer in respect of such returned Products together with any additional expenditure reasonably incurred by the Buyer in obtaining other products in replacement.
Appears in 2 contracts
Sources: Purchase Order Terms and Conditions, Purchase Order Terms and Conditions
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS1. The deadline for delivery and/or service specified in the order is binding. The delivery and/or service deadlines are understood to represent the receipt of the delivery at our works or at the delivery address (delivery) that we have named.
2. Early deliveries or partial deliveries may only be made with our written consent. We are entitled to refuse to accept goods that are not delivered according to the delivery deadline specified in the order and to return them to the supplier or store them with a third party at Supplier‘s expense and risk.
3. A delivery note, which must include our order number and order item, must be included with every delivery.
4. The consequences of incorrect or incomplete shipping documents, or shipping documents that are received late, are at Supplier‘s expense.
5. Transport insurance shall be arranged by Supplier at Supplier‘s expense.
6. As concerns the number of items, weight and dimensions, the values determined by us during goods receipt control shall be decisive, unless such quantities, weight and dimensions are proven to be otherwise.
7. If no INCOTERMS applySupplier determines that Supplier shall not be able to meet the agreed deadlines for any reason, delivery Supplier must inform us thereof in writing without delay. The obligation to observe agreed deadlines remains unaffected thereby.
8. If Supplier is delayed regarding the delivery/service (hereinafter jointly referred to as „Delivery“), we shall be understood entitled to occur assert damages amounting to 0.2% per calendar day of the delay — at the moment unloading has finished taking place at most, a total of 5% of the location designated by Buyervalue of the agreed Delivery. This shall also apply if we withdraw from the Agreement. Supplier shall fulfil our claim of such damages arising from such delay up to the time of full payment. In the event of a delay in Delivery, we shall be entitled to claim compensation for damages instead of the Delivery/service and demand withdrawal after expiration of an appropriate deadline. Should we demand compensation for damages, Supplier shall have the right to prove that Supplier is not responsible for the breach of duty. All legal claims in the event of delay remain unaffected thereby.
5.2 Time 9. After a reasonable grace period set by us has expired, we may, additionally and regardless of delivery of the Goods and of performance of the Services is of the essence and shall start any other and/or further rights that we may have, assign services, which Supplier has failed to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed render, to a third party at Supplier‘s expense. Should Supplier be in possession of any documents required for rendering such information and drawings as may be necessary services, Supplier must submit them to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of us without delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered If patent rights hinder Delivery by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer Supplier shall be given priority over all other obligated to provide an appropriate release of the Seller's customersthese rights without delay.
Appears in 2 contracts
Sources: Terms and Conditions of Purchase, Terms and Conditions of Purchase
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood Seller will deliver to occur at the moment unloading has finished taking place at the location designated by Buyer Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines 's requirements for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety Product in accordance with the Agreement terms of this Agreement. Product in Cylinders will be delivered F.O.B. point of shipment. At Seller's request, Buyer will provide to Seller information relating to Buyer's pattern of use of Product from each Supply System. Seller may anticipate Buyer's requirements for Product and deliver Product at such times as are consistent with Seller's delivery schedule. The delivery of Product by Seller will constitute Buyer's purchase thereof, and the location designated quantities delivered will be measured by Buyer.Seller by the method it regularly uses for the type of delivery made. Buyer grants to Seller the right of twenty-four (24) hour access to each Supply System site, and if
5.9 The Seller shall provide (a) Buyer a current material safety data sheet fails to grant such access, or (“MSDS”b) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is unable to deliver Product (i) from Seller's Shipping Point or (ii) to deliver Product at any time consistent with Seller's delivery schedule or otherwise in accordance with the position terms of being this Agreement due to any act or omission of Buyer, Buyer will pay Seller any applicable delivery charge set forth in Seller's delivery option charge schedule. If Seller is requested by Buyer and is able to supply some but not make deliveries during a strike or other concerted acts of workers affecting Buyer, then such deliveries will be made at Buyer's sole risk and, notwithstanding anything in this Agreement to the contrary, Buyer hereby indemnifies and holds harmless Seller from and against all costs (including legal fees), damages, liabilities or claims arising out of any such deliveries. In addition, Seller reserves the right to request, in its customerssole discretion, the that Buyer shall be given priority over all other of the Seller's customersprovide qualified personnel to deliver Product to any Supply System affected by such strike or concerted acts, and Buyer will provide such personnel.
Appears in 2 contracts
Sources: Product Supply Agreement (PAV Republic, Inc.), Product Supply Agreement (PAV Republic, Inc.)
Delivery. 5.1 Delivery 8.1 The Contractor shall deliver the Products EXW, FCA or DAP (Incoterms 2010) at the Contractor’s premises in accordance with this LTA and with the quantities and other instructions as specified in the Purchase Orders (for shipping instructions, refer to Art. 9). All risks of loss or damage to the Products shall remain with the Contractor until delivery takes place in accordance with the LTA. The Contractor shall load the Products onto the first carrier (truck) collecting the Products at the Contractor’s premises.
8.2 Delivery shall not exceed the number of days specified for each item in the respective Purchase Order in accordance with the terms of this LTA and the Contractor acknowledges that production lead time is calculated from the time of issuance of a Purchase Order accepted by the Contractor, including the manufacturing period, until the Products are available for dispatch from the Contractor’s premises.
8.3 Delivery shall only be completed upon the arrival of the Products at the final destination in accordance with instructions on agreed ICC INCOTERMSa Purchase Order, and verification by IDA’s personnel or representatives or consignee (if applicable) that the Products are in a satisfactory condition. If no INCOTERMS apply, delivery Inspection and verification of the Products shall be understood made as soon as reasonably practicable after receipt. IDA’s personnel or representatives or consignee (if applicable) shall be entitled to occur at reject and refuse acceptance of the moment unloading has finished taking place at Products not conforming to this LTA and the location designated by Buyerrelated Purchase Order. Payment for any non-conforming Products pursuant to this LTA shall not be deemed an acceptance of the Products.
5.2 Time of delivery 8.4 The Contractor acknowledges that any inspection and/or verification of the Goods Products by IDA’s personnel or representatives or the contracted Consignment Inspection and Sampling Agency (CSI), does not involve the operational and functional status of the Products.
8.5 The Contractor acknowledges that time shall be of the essence in performance of the Services is of the essence LTA, and it shall start use its best endeavors to run from the date of acceptance abide by the Seller delivery dates stated in the Purchase Orders, provided however, that where the Contractor does not meet the delivery period(s) ▇▇▇ shall be entitled to give the Contractor notice of its intention to cancel the Purchase Order unless Products are delivered within the agreed and specified time frame.
8.6 In the event that the Contractor is not able to ensure delivery by the dates confirmed in the Purchase Order, ▇▇▇ shall be entitled to request the Contractor to pay any additional transport costs (e.g. airlifting) and/or additional inspection cost which may reasonably be incurred as the result of IDA’s obligations to its clients to deliver the Products on time and to avoid stock outs.
8.7 For late delivery of Products or for items which do not meet specifications and are therefore rejected by ▇▇▇ or the date on which consignee, ▇▇▇ can claim liquidated damages from the Seller is placed in possession of such information Contractor and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1deduct 0.2% of the total amount value of the Products pursuant to a Purchase Order per working additional day of delay, capped at up to a maximum of 10% of the total amount value of the Purchase Order. This penalty may not under any circumstances be considered as a waiver The payment or deduction of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, liquidated damages shall not entitle relieve the Seller Contractor from any of its other obligations or liabilities pursuant to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods this LTA or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the a Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 2 contracts
Sources: Long Term Agreement, Long Term Agreement
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery 8.1 Products ordered pursuant to this Agreement shall be understood shipped by Supplier FCA from the Proximity Warehouse to occur at be received by Nortel by the moment unloading has finished taking place at the location designated by BuyerCommitted Delivery Date. No partial shipment shall be made without Nortel's prior consent.
5.2 Time of delivery of 8.2 Supplier shall package the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety Products in accordance with the Agreement at packing and external marking practices agreed upon by Nortel and Supplier which shall comply with any criteria set forth in the location designated by BuyerSpecifications.
5.9 The Seller 8.3 Supplier shall provide Buyer ▇▇▇▇ each Product with Supplier's model number and where practical, the description of the Product and its revision level.
8.4 In the event Supplier, for any reason whatsoever, fails to deliver Products to meet a current material safety data sheet Committed Delivery Date and such failure results in a disruption to Nortel's manufacturing or delivery routines, unless such failure is attributable to force majeure or any wrongful act or omission of NNL, Nortel Subsidiary or Nortel Affiliate, NNL may, by written notice to Supplier, at its option:
(“MSDS”a) cancel the affected quantity of Products in such Purchase Order or Release (without incurring any liability to purchase from Supplier such quantity or affecting its other remedies under this Agreement) and reduce the relevant Target Product Total Stock (as set out in Section 7.1) by an amount not greater than the affected quantity of Products, and Nortel may thereafter purchase the affected quantity of Products (or equivalent products) from third parties and such purchases will count toward Nortel's Share Allocation, Target Allocations and Minimum Commitments; or
(b) allow Supplier to make partial and/or late shipment of some or all of the affected quantity of Products, in which case Nortel will pay for each Good supplied Product actually shipped. Nortel may, without liability, reschedule the Committed Delivery Date for Products provided such rescheduled Committed Delivery Date shall not exceed thirty (30) Business Days from the date the Products were originally scheduled to Buyer under be delivered, and such rescheduling shall not prejudice Nortel's obligations pursuant to Section 7.1 for such Products.
8.5 Supplier will notify Nortel of any anticipated delay in meeting a Committed Delivery Date specified in any Purchase Order or Release and shall reasonably co-operate with Nortel in the Agreement on an annual basis implementation by Supplier of any appropriate action or sooner workaround plans with a view to enable Nortel to satisfy its customers' requirements. Upon receiving notification of the anticipated delay, Nortel may, by written notice to Supplier, at its option:
(a) permit Supplier to make a partial shipment of Products;
(b) permit Supplier to substitute products acceptable to Nortel until the Products are delivered; or
(c) permit Supplier to implement a workaround plan acceptable to Nortel and Nortel's customers.
8.6 In the event a delay in delivery is attributable to force majeure, and such delay lasts more than thirty (30) days, the Parties shall make a joint effort to find a solution; provided, however, that, in the event any delay attributable to force majeure extends for a period such document has been modifiedthat Nortel's manufacturing or delivery routines are materially adversely affected, Nortel shall have the right, without obligation or liability, to cancel any Release or Purchase Order affected by such delay.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other 8.7 Regardless of the SellerCommitted Delivery Dates, it is the Parties intent that Supplier's customersdelivery performance will be measured against its ability to meet customer requested dates ("CRD"), among other metrics. CRD is defined as the date Nortel or Nortel Affiliates request that the Product be delivered. These requests for Products will include all forecasted demand plus Flex as determined pursuant to Section 7.1.6. For greater certainty, Supplier will not, in any way, be in default of this Agreement if it does not meet any CRD.
Appears in 2 contracts
Sources: Supply Agreement (Bookham Technology PLC), Supply Agreement (Bookham Technology PLC)
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery 8.1 Ypsomed shall be understood to occur at deliver the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time number of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed Component Sets set out in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order by the Delivery Date (“Delivery”), provided that over-delivery or under-delivery of up to [***] of the ordered amount shall be allowed. Component Sets shall be delivered to AMAG FCA Ypsomed's manufacturing facility indicated in the Quality Agreement (Incoterms 2010) and title shall pass upon Delivery at such facility.
8.2 Ypsomed shall notify AMAG of any expected delay in Delivery and will make commercially reasonable efforts to effect Delivery as quickly as possible. The Parties shall, if requested by AMAG, renegotiate the date(s) of Delivery of all placed Purchase Orders following a delayed Delivery. Ypsomed may, upon AMAG’s prior written consent, make partial deliveries to maintain continuous supply. In case Ypsomed anticipates that it may not be able or is unable to Deliver all Components Sets by more than [***] after the Delivery Date set forth in a Purchase Order, Ypsomed shall notify AMAG in writing immediately and provide an explanation thereof. Ypsomed shall discuss with AMAG potential remedies and propose as soon as reasonably possible a mitigation plan to AMAG’s reasonable satisfaction, which will include concrete measures in line with Ypsomed’s business continuity plan, such as the introduction or increase of shift work, an internal second source option, or safety stock provisions; as well as any other measures in order to provide a fast and secure recovery of the supply of Component Sets. Notwithstanding the foregoing, if Ypsomed is or will be unable for any reason to deliver all Component Sets within [***] of the Delivery Date in the respective Purchase Order, then AMAG may, at its sole discretion, (i) cancel such Purchase Order without penalty to AMAG and the number of Component Sets in such cancelled Purchase Order shall be counted toward the Annual Minimum Quantity for each shipment must be sent the calendar year in which the cancelled Purchase Order was submitted, or (ii) accept Delivery of the Component Sets on a delivery date mutually agreed to by regular mail or email the Parties.
8.3 Ypsomed will convey good title to the plant or office which issued the Purchase Order Component Sets to AMAG on the day on which the shipment is madedate of Delivery, marked for the attention free and clear of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇any lien or encumbrance.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 2 contracts
Sources: Supply Agreement (Palatin Technologies Inc), Supply Agreement (Amag Pharmaceuticals, Inc.)
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMSThe communicated delivery times are purely indicative. GC is not responsible for indirect damage resulting from late delivery or lack of delivery. If no INCOTERMS applythe delay in delivery lasts more than thirty (30) days, delivery shall be understood to occur at the moment unloading Buyer has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate cancel the Purchase Order according purchase by registered letter without judicial intervention. Any advance payment made by it will be refunded. The Buyer explicitly renounces any other possible means of redress, in particular the awarding of any form of damage compensation. Compliance with GC`s delivery obligation presumes the timely and proper satisfaction of the Buyer`s obligations. GC retains the right to art.14.2 or make partial deliveries. The partial delivery of an order may never serve as justification for the refusal to claim additional compensation pay for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments goods delivered. The goods sold shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement Incoterms 2020 CIP, unless expressly agreed otherwise. The Buyer is obliged to receive the goods delivered by a carrier on behalf of GC at the location designated by agreed time, and to foresee the required space so that the goods can be delivered. The carrier shall deliver the goods to the ground floor of the registered office of the Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, unless agreed otherwise. Upon delivery, the Buyer shall be given priority over all other sign the delivery note in acknowledgement of receipt. However, the risk shall transfer from GC to the Buyer at the point where the goods are taken in charge by the carrier. Title to the goods shall only pass to the Buyer when full payment (including accessories) of the Seller's customersinvoice for the aforementioned goods has been made. The Buyer has to notify GC immediately in writing in case of attachments or other interventions of third parties so that GC is able to file an action according to § 771 ZPO (German Code of Civil Procedure). For the duration of the retention of title, the goods are to be insured by the Buyer against fire, water, theft and burglary theft; the rights from these insurances will be assigned to GC which accepts these assignments. In case the Buyer resells the goods, the Buyer will grant an extended retention of title to GC. The Buyer shall however be entitled to collect this claim towards the Sub-Buyer while GC retains the right to collect the claim itself.
Appears in 1 contract
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and of this Order. If Supplier delivers the goods or completes the services later than scheduled, Buyer may assess such amounts as liquidated damages for Supplier’s late delivery. The parties agree that liquidated damages shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings be calculated as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty follows: liquidated damages equal to 11.5% of the total amount of Order price specified in this Order or on the Purchase Order PO per working day of delay, capped at week up to 10% of the total amount Order price shall apply during the delay period. The parties agree that the liquidated damages set forth on the PO or in this Order are the exclusive remedy only for the damages resulting from Supplier’s delay; are a reasonable pre-estimate of the Purchase Order. This penalty may not under any circumstances be considered damages Buyer shall suffer as a waiver result of Supplier’s delay based on circumstances existing at the time this Order was issued; and are to be assessed as liquidated damages and not as a penalty. Buyer’s resort to liquidated damages for Supplier’s delay does not preclude Buyer’s right to any remedies, damages and choices under this Order other than the damages resulting from such delay, including, but not limited to cost or expenses incurred by the Buyer for premium transportation, customer liquidated damages, customer penalties or Buyer’s right to terminate this Order for non-delivery. If no liquidated damages are set forth on the Purchase PO or in this Order, Buyer shall be entitled to recover all damages it incurs as a result of Supplier’s failure to perform as scheduled. All delivery designations are Incoterms® 2020. Unless otherwise set forth on the PO, all goods provided under this Order according shall be delivered FCA Supplier’s facility. Buyer may specify contract of carriage in all cases. Failure of Supplier to art.14.2 or comply with any such Buyer specification shall cause all resulting transportation charges to claim additional compensation be for any loss suffered the account of Supplier. In case the parties agree that goods under this Order shall be delivered DAP, the Supplier shall arrange the transportation and bear all risks associated to safe delivery of the goods to the designated location confirmed by the Buyer.
5.4 Delivery of Goods in instalments . If the goods under this Order are being purchased by the Buyer for the manufacturing purposes and/or sites, the title and risk to the goods shall be permitted only with pass from Supplier to Buyer upon the consent acceptance of the Buyer and such permission, goods by the Buyer; if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless goods under this Order are being purchased by the Buyer has agreed in writing.
5.5 If for onward sales to its customers the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods title to the Seller goods shall pass from Supplier to Buyer at the Seller's same point that risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point loss transfers from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied Supplier to Buyer under as per the Agreement on an annual basis or sooner in the event such document has been modifiedapplicable Incoterm.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Terms of Purchase
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS6.1 The date quoted for delivery is an estimate only and shall be extended by a reasonable period if there is any delay caused by industrial dispute or by any cause beyond the reasonable control of Seller. If In no INCOTERMS applyevent shall Seller be liable to Buyer damages or delays caused by any such delay, including without limitation lost profits and consequential damages.
6.2 Where the Goods are to be delivered in installments, each delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods constitute a separate contract and of performance of the Services is of the essence and shall start to run from the date of acceptance failure by the Seller to deliver any one or more of the Purchase Order or the date on which the Seller is placed installments in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only accordance with the consent Contract and these Conditions or any claims by Buyer in respect of the Buyer and such permission, if given, any one or more installments shall not entitle Buyer to treat the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writingContract as a whole repudiated.
5.5 6.3 If Seller fails to deliver the Goods for any reason other than any cause beyond Seller's reasonable control or ▇▇▇▇▇'s fault and Seller is determined by a court of competent jurisdiction to be liable to Buyer, Seller’s liability and ▇▇▇▇▇’s sole recovery shall be limited to the amount of money actually paid by Buyer is not able to accept Seller for such Goods. Buyer agrees that damages in such event are incapable of determination and therefore accepts the foregoing as liquidated damages.
6.4 If Buyer fails to take timely delivery of the Goods or installation fails to give Seller adequate delivery instructions at the time stated for delivery (otherwise than by reason of Seller's breach) then without prejudice to any other right or remedy available to Seller, Seller may: (a) store the Goods when due, the Seller until actual- delivery for Buyer’s convenience at Buyer’s sole risk in which event Buyer shall be responsible for arranging suitable storage payment of all costs (including insurance) of storage; or (b) sell the Goods at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed scrap metal value and (after deducting all reasonable storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the selling expenses) account to Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of excess over the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer Price under the Agreement on an annual basis Contract, if any, or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other pay to Seller the amount of any shortfall below the Seller's customersPrice under the Contract.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply(a) Upon completion of the construction of the Platform and the tests and trials as provided in the Specifications, delivery and after having obtained all required approvals and certifications from ABS and the Regulatory Bodies, Builder shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of tender delivery of the Goods Platform to Owner. Prior to tendering delivery, Builder shall have remedied at Builder's sole cost and expense any defects discovered by Owner, Builder or ABS in Builder's workmanship or materials including installation of performance Owner Furnished Equipment or any other non-conformity of the Services is Platform with the requirements of the essence Specifications and this Agreement and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be have performed any re-tests necessary to enable him to start work on the Goods or the Servicesensure that such items have been fully corrected. Owner shall accept such tender of delivery, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods and Owner shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of have the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able refuse to accept delivery of the Goods or installation Platform provided the same is substantially completed, except for minor items acceptable to Owner to be completed as mutually agreed between Owner and Builder, and capable of being utilized by Owner. Any remaining items shall be completed by Builder following delivery and prior to departure of the Goods when duePlatform from Builder's yard, the Seller shall be responsible for arranging suitable storage at suitable premises or Owner and Builder may mutually agree on a appropriate reduction of the Goods, advising the Buyer beforehand Contract Price for such remaining items.
(b) To evidence acceptance of the particulars Platform by Owner, Builder and Owner shall execute and deliver a Protocol of such proposed storage Acceptance and Delivery acknowledging delivery of the Seller Platform. Builder shall also ensure that further deliver to Owner a Bill of Sale confirming the Goods and conveyance of title ▇▇ the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods Platform to the Seller at Owner, which Bill of Sale shall (i) generally describe the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to P▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by orm as a third partymobile, the invoice shall bear the name self-contained and elevating platform, (ii) contain a general warranty of title and freedom from liens (except as to matters arising by, through, or under Owner) in favor of the shipper Owner, and (iii) be deemed to contain the point additional warranties and covenants set forth in Section 11 of this Agreement without the necessity of making any reference to such warranties in the Bill of Sale. Builder shall also deliver to Owner the remaining delivery documents set forth in the Specifications.
(c) Builder shall deliver the Platform along side Builder's dock at Builder's Yard. Following delivery and acceptance, Owner shall have the right to dock the Platform at Builders Yard for a period not to exceed thirty (30) days, after which time the Platform must depart from which the Builder's Yard. During such post-delivery originateddocking period, Owner shall pay to Builder its standard charges for shore power, potable water, and security guard service. If shipment is not delivered to the allnex premises, the original bill of lading All such charges must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated paid by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied Owner to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able Builder prior to supply some but not all of its customers, the Buyer shall be given priority over all other departure of the SellerPlatform from Builder's customersYard.
Appears in 1 contract
Sources: Platform Construction Agreement (Chiles Offshore Inc/New/)
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery The Goods shall be understood delivered to occur [insert place of delivery or state “to the place outlined by each Purchase Order”] according to the delivery schedule in each Purchase Order. The cost of delivery is deemed included in the Price specified in each Purchase Order and the Price Schedule (Annex B). The Services as described in Article 2.3 shall be performed at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery and completed by the same delivery date, unless otherwise stated in Article 2.3 of the Goods and of performance of the Services this Agreement. Time is of the essence and shall start in the performance of this Agreement. If the Supplier fails to run from the date of acceptance by the Seller of the Purchase Order make available or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the provide any Goods or Services within the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the schedule stated on any Purchase Order. This penalty may not under any circumstances be considered , together with associated shipment documentation (including, without limitation, bills of lading, airway bills and commercial invoices) as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, this Agreement, or otherwise as are customarily utilized in the Buyer may return trade, IOM reserves the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued right to: Terminate the Purchase Order on without liability by giving immediate notice, and to charge the day on which the shipment is made, marked for the attention Supplier any loss incurred as a result of the logistic/receiving office. Invoices stating Supplier's failure to make the relevant Purchase Order number should be sent on .pdf form delivery within the time specified; or Charge liquidated damages equal to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced 0.1% (one-tenth of one per cent) of the Price for every day of delay or breach of the delivery schedule by the Seller but shipped Supplier. IOM shall have the right to deduct such amount from the Supplier’s outstanding invoices, if any. Such liquidated damages shall only be applied when delay is caused solely by a third party, the invoice shall bear the name default of the shipper and Supplier. Acceptance of goods delivered late shall not be deemed a waiver of IOM’s rights to hold the point from which Supplier liable for any loss and/or damage resulting therefrom, nor shall it act as a modification of the delivery originated. If shipment is not delivered Supplier’s obligation to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety deliver further goods in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet Purchase Order or this Agreement. Performance Security (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority Purchase Orders over all other of the Seller's customers.USD 300,000)
Appears in 1 contract
Sources: Long Term Agreement for the Supply and Delivery of Goods
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS applya) From time to time during the Term, delivery Seller shall deliver the Plasma from which Sanquin shall manufacture the Products to Sanquin at such locations as shall be understood to occur determined by VPS and Sanquin. On behalf of Sanquin the Products are produced at the moment unloading has finished taking place at the location designated by Buyerfacility of CAF/DCF.
5.2 Time b) From time to time during the Term, Seller shall generate and deliver to Purchaser an invoice for the volume of delivery Products sold. Each such invoice shall specify the quantity of Products sold, the Goods aggregate price for such Products and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Products shall be transferred to Purchaser. Seller agrees to consult with Purchaser regarding the quantity, frequency and timing of Products tendered for delivery; however Purchaser agrees and acknowledges that the exact quantity, frequency and delivery time for Product delivery is placed subject to the production output of Sanquin.
c) The transfer of title, use and risk of loss for the Products shall occur at the designated shipment or transfer location of Seller. Transfer of title, use and risk of loss shall occur periodically during the Term at each time that Seller confirms to Purchaser that Sanquin is authorized to release a batch of *** and/or *** (as such terms are defined in possession Appendix 1) from its quality assurance procedures for shipment. Accordingly, any damages sustained beyond that point, will be the responsibility of Purchaser. In the event Purchaser is notified by Sanquin that a batch of Product (whether it is *** or *** ) has been released from quality assurance, it shall, prior to taking delivery of such information and drawings as batch of Product, notify Seller of such occurrence. In no event may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to Purchaser accept delivery of and title to any Products until the Goods or installation release of such Product batch is confirmed by Seller. Purchaser agrees to bear all costs of shipments, freight, insurance and all governmental taxes and duties incurred during shipping of the Goods when due, Products sold hereunder from the Seller shipping point to Purchaser’s designated receiving terminal.
d) Products shall be responsible for arranging suitable storage at suitable premises packed by or on behalf of the Goods, advising the Buyer beforehand of the particulars of Seller in such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods a manner as to mitigate damage to the Seller at the Seller's risk Products or containers during shipping and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the tendered to Purchaser at Seller's customers’s designated shipping point.
Appears in 1 contract
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. 9.1 The Seller’s obligation to make delivery hereunder is subject to the availability of the particular Product shown in the Seller’s Sales Confirmation.
9.2 If no INCOTERMS apply, delivery shall the Seller at any time and for any reason believes that there may be understood to occur a shortage of Product at the moment unloading place of Delivery, it may allocate its available Products among its buyers in such manner as it may decide and in its absolute discretion. The Seller shall not be required to deliver the Product for export of which a government or port or other permit is required and has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered been obtained by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the 9.3 The Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage obtaining all necessary permits, licenses and approvals required to enable the Seller and Buyer to execute the entirety of their respective obligations under this Agreement.
9.4 Delivery shall be made in one or more consignments at suitable premises the place of Delivery by such means as the Seller deems appropriate.
9.5 The place of Delivery shall be at a place permitted by the port regulations or authorities concerned. If it is in the opinion of the GoodsSeller that the delivery will likely cause a labour dispute with its employees, advising the Buyer beforehand shall be required to provide its own bunker tanker at its own cost and expense notwithstanding what had been agreed in the Seller’s Sales Confirmation.
9.6 Subject to the availability of the particulars Product, the availability of such proposed storage facilities at the place of Delivery and the Buyer providing the required notice in accordance with Clause 8 hereof, the Seller will use its reasonable endeavour to ensure that the Product will be delivered promptly upon the Vessel’s arrival and the Seller shall also not in any way be responsible for any loss, expense, damage, demurrage, detention or increased costs incurred in consequence of the Vessel not being supplied promptly or otherwise being delayed or restrained for any reason whatsoever.
9.7 For delivery by bunker tankers, the Buyer shall at its own expense provide a clear and safe berth or safe anchorage for the bunker tanker to proceed and remain safely alongside the receiving Vessel and shall provide all necessary facilities and assistance required to effect delivery. The Buyer agrees to pay and indemnify the Seller against all claims and expenses in respect of any loss, damage or delay caused by the receiving Vessel to the delivering bunker tanker.
9.8 The Buyer and the receiving Vessel shall assist in the safe mooring of the bunker tanker and make all connection/disconnection between the delivery hoses or the pipelines and the intake pipe of the receiving Vessel. The Buyer shall render all necessary assistance and provide sufficient tank space and equipment to promptly receive each and every consignment of the Product. It is the Buyer’s and the receiving Vessel’s responsibility to ensure that the Goods Product is being received at a safe rate and pressure and that all receiving equipment utilized are fully functional, oil tight, and in good working order and condition and in every way fit to receive the Product safely. The Buyer warrants that the Vessel shall provide safe access to and onboard her for the Seller’s representative and the premises in which they are stored are properly insured against all crew of the usual risks bunker tanker to carry out their work safely on board the Vessel and notify shall indemnify the Buyer Seller for any failure on the part of such insurance coverthe Vessel to so provide.
5.6 If delivery is made before the delivery date specified 9.9 The receiving Vessel will be bunkered in the Purchase Order, the Buyer may return the Goods to turn as promptly as circumstances permit and the Seller shall not in any way be liable for demurrage or for any loss due to congestion at the load port or to prior commitments of available bunker tanker, or when in Seller's risk ’s opinion clear and expensesafe berth is unavailable.
5.7 Each delivery must be accompanied by details of 9.10 In the exact quantity and description of event that the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇’s arrival at the place of Delivery is later than the date of Delivery as stated in the Seller’s Sales Confirmation, or the receiving Vessel refuses to receive the Product expeditiously for whatsoever reason, the Buyer and the receiving Vessel shall be jointly and severally liable to the Seller for all losses, additional expenses, charges arising therefrom including without limitation, demurrage at the Seller’s established rates and any increase in the price of the Product.▇▇▇. When Goods are invoiced
9.11 In the event that the receiving Vessel arrives earlier or later than the date of Delivery as stated in the Seller’s Sales Confirmation or she is unable or refuses to receive the Product (see Clause 9.17), the Product will be delivered by the Seller but shipped on a reasonable endeavour basis and the Seller is under no obligation whatsoever to effect prompt delivery and any guarantee or warranty given expressly or impliedly as to prompt delivery is hereby expressly excluded.
9.12 In the event that the receiving Vessel’s representative or crew has accepted the quantity of the Product delivered as evinced by a third partythe receiving Vessel’s representative’s or crew’s signature on the bunker delivery note and there is no further written request from the receiving Vessel to the Seller’s bunker tanker prior to the disconnection of the bunker hose, the invoice quantity as shown on the bunker delivery receipt or bunker delivery note shall bear be deemed final and complete and there shall be no further obligation on the name Seller to deliver up to the nominated quantity as specified in the Seller’s Sales Confirmation and the Buyer shall not have any claims against the Seller for any short delivery. However, the Seller shall have the right to claim against the Buyer for any losses incurred including but not limited to loss of profit on the difference in quantity delivered and the nominated quantity.
9.13 Quantity of the shipper and Product delivered shall be determined as follows:
9.13.1 Where the point from which the delivery originated. If shipment Coriolis mass flow meter is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety used in accordance with SS 648:2019, the Agreement at quantity of the location designated by Product delivered shall be determined solely based on the bunker tanker’s mass flow meter system and calculations as per the bunker metering ticket.
9.13.2 Where tank gauging is used in accordance with SS 600:2022, the quantity of the Product delivered shall be determined solely based on the delivery bunker tanker’s measurements and calculations taken from tank gauge as per the bunker tanker measurement report.
9.13.3 For avoidance of doubt, quantities calculated from the receiving Vessel’s soundings shall not be used for determining the quantity of the Product delivered. The quantity of the Product delivered as determined in accordance with Clause 9.13 shall be final, conclusive and binding on the Buyer.
5.9 9.13.4 In any case, should the Buyer’s representative fail or decline to verify the quantities of the Product delivered, the measurements and calculations made by the Seller shall be final, conclusive and binding on the Buyer.
9.14 With regards to the Buyer’s request for information on the Place of Delivery or other Place of Delivery, the Seller shall use its reasonable endeavour to obtain or provide the information requested. Whilst every care will be taken by the Seller to check that such information is accurate and up to date, it is the Buyer’s responsibility to countercheck the accuracy of any information provided and such information are furnished to the Buyers on a strict understanding that it is not a contractual representation and that no responsibility of whatsoever nature will attach to the Seller for its accuracy or completeness.
9.15 The Seller shall provide not be liable for any delay caused to the Vessel due to congestion in ports, at terminal installations, floating storage terminals, bunkering pier or prior commitments of its bunker tanker.
9.16 The Buyer a current material safety data sheet (“MSDS”) warrants that the Vessel does not have or will not use any VNET calculation on board her, failing which the Seller has the right to decline delivery.
9.17 In the event that the Vessel refuses to allow delivery to commence after the bunker tanker has been alongside her for each Good supplied two hours due to no fault of the bunker tanker or Seller, the Seller may notify the Buyer under that the Agreement on an annual basis or sooner bunker tanker will cast off if delivery is not commenced in the event such document has been modified.
5.10 next one hour and thereafter, any delivery will be on a reasonable endeavour basis. If the bunker tanker is prevented from leaving, not allowed to cast off from or is held back by the Vessel, the Seller is in shall be compensated by the position of being able to supply some Buyer for any loss and damage caused thereby including but not all of its customers, limited to any demurrage incurred for or in connection with any subsequent vessels to be supplied by the Buyer shall be given priority over all other of the Seller's customersbunker tanker.
Appears in 1 contract
Delivery. 5.1 Unless otherwise specified in the Services pursuant to clause 5 of these Special Conditions and without limiting clauses Error: Reference source not found to 3 of the General Provisions, all Services shall be delivered to the Delivery takes place on agreed ICC INCOTERMSAddress as set out in Item 5 of the Schedule and in accordance with the INCOTERMS as set out in Item 6 to the Schedule. Delay Without affecting the Contactor’s obligations under clause 5.1, the Contractor shall take all reasonable steps to prevent and minimise delay and agrees to work with LMA to mitigate the losses arising from the delay. If no INCOTERMS applythe Contractor becomes aware that delivery of Supplies or the achievement of a Milestone will or may be delayed for any reason, the Contractor shall notify the LMA Representative within two (2) Business Days of the following matters, to the extent that the Contractor is aware of them: the cause and nature of the delay; the steps that the Contractor has taken to minimise the delay; and the anticipated duration of the delay. The Contractor shall notify LMA as soon as practicable after the Contractor becomes aware of a material change to information notified to either under clause 7.2. The Contractor shall comply with any request by the LMA Representative for information concerning a delay or potential delay in the delivery of Supplies or the achievement of a Milestone. Final Acceptance The Contractor shall, when seeking Final Acceptance: complete and present a signed Final Acceptance Certificate certifying that the Contractor has fulfilled its obligations under the Contract, except to the extent that the Contractor's obligations expressly, or by implication, survive the Final Acceptance Milestone, including the obligations in clause 35 of the General Provisions; and provide any other supporting evidence required by the LMA Representative, including confirmation of successful completion of any Final Acceptance testing required by the Contract. The LMA Representative shall, within 15 Business Days of the Contractor seeking Final Acceptance: approve the Final Acceptance Certificate when the following requirements are met: the Contractor has achieved all previous Milestones in accordance with this Contract; and the Contractor demonstrates to the reasonable satisfaction of the LMA Representative that the Services function and integrate as required by the Contract and that the Contractor has fulfilled its obligations in accordance with the Contract, except to the extent that the Contractor's obligations expressly, or by implication, survive the Final Acceptance Milestone, including the obligations in clause 35 of the General Provisions; or notify the Contractor that it has failed to achieve the requirements of Final Acceptance detailed in clause 8, in which case the LMA Representative shall notify the Contractor in writing of the reasons for the failure. If the LMA Representative notifies the Contractor under clause 8.2.b of these Special Conditions that it has failed to achieve Final Acceptance, the Contractor shall, within 10 Business Days of receipt of that notice, provide full written details to the LMA Representative of its proposed remedy. The LMA Representative shall by notice in writing, within 10 Business Days of receipt of the written notice referred to in clause 8.3 of these Special Conditions either: direct the Contractor to complete any course of action proposed by the Contractor within a specified time; or reject the Contractor's proposal and direct the Contractor to submit an alternative proposal within 10 Business Days of that notice. If an application for Final Acceptance is rejected and resubmitted, processing of the resubmitted application shall be understood subject to occur at the moment unloading has finished taking place at same conditions as if it were the location designated original. The LMA Representative may require the Contractor to retake possession of any item of Services within five (5) Business Days when a notice of failure to achieve Final Acceptance is issued under clause 8.2.b of these Special Conditions. Repossession of Services shall not affect the obligation of the Contractor to provide conforming Services. The Contractor shall bear all costs associated with achieving Final Acceptance and of complying with the directions of the LMA Representative. Any action of the Contractor in achieving Final Acceptance and in complying with the directions of the LMA Representative under this clause 8 shall not relieve the Contractor from performing its obligations under the Contract. Additional Work Where the Contractor is required to undertake work additional or in excess of those described under this Contract, such additional work shall be approved by Buyer.
5.2 Time the LMA Representative in writing, in the form of a Purchase Order or Work Order pursuant to clause 10 of these Special Conditions, for an agreed price prior to the performing of such work. The Contractor shall provide an itemised quote to the nominated LMA Representative before commencing any additional work unless otherwise agreed. Work Orders In addition to the delivery of the Goods Services, the Contractor agrees to provide goods and services (including the provision of performance task based activities, ad-hoc work & additional supplies), which subject to the inclusion of a schedule of a fees and/or rates table at Attachment B (Price and Milestone Payment Schedule), will constitute a standing offer to LMA for the Services is Contract Term unless terminated earlier or extended. Upon receipt of the essence and shall start to run from the date of acceptance by the Seller of the Purchase a Work Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return Contractor shall, for the Goods price set out in the Work Order or Purchase Order, provide the goods and services described in the Work Order or Purchase Order and comply in full with all other requirements and obligations in this Contract. To avoid doubt, a variation to the Seller at Services under this Contract will be formed when LMA provides the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Contractor a Work Order or Purchase Order number for each shipment must be sent by regular mail the goods and services pursuant to this clause 10, and the Contractor communicates its acceptance in writing to LMA. The Work Order or email to the plant or office which issued the Purchase Order on the day on which the shipment will be deemed to be accepted if LMA is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇not advised that it is rejected within 5 Business Days. When Goods are invoiced completed, all Work Orders or Purchase Orders shall be deemed to have been accepted in support of payment by the Seller but shipped Contractor’s provision of a Supplies Acceptance Certificate or similar form signed by a third party, the invoice LMA Representative or delegate. Price and Milestone Payment The Contractor shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or deliver all Services are delivered in their entirety in accordance with the Agreement at Milestone Payment Scheduled as detailed in Section Error: Reference source not found (Contract Price) of Attachment B. The Contractor shall deliver all Services pursuant to clause 9 or 10 of these Special Conditions for the location designated by Buyer.
5.9 fees, task prices and/or rates in accordance with Attachment B. Furnished Property Intellectual Property In addition to clause 13 - 16 of the General Provisions, the Contractor shall ensure that LMA and its customers are granted a licence to exercise all Third Party IP on the best available commercial terms. Provision of Technical Data The Seller Contractor shall provide Buyer all Technical Data necessary for LMA the Commonwealth, to exercise their IP rights as defined in clauses 13 - Error: Reference source not found of the General Provisions, including to manufacture, use, maintain, modify and dispose of, the Services. LMA or the Commonwealth, may provide Technical Data to a current material safety data sheet (“MSDS”) for each Good supplied third party to Buyer enable LMA and the Commonwealth, to fully exercise their IP rights under this clause 13. The Contractor shall ensure that all Technical Data delivered to LMA will enable a reasonably skilled person to efficiently and effectively do the Agreement on an annual basis or sooner things permitted to be done by LMA and the Commonwealth, in the event such document has been modified.
5.10 If the Seller is in the position exercising of being able to supply some but Intellectual Property rights under clauses 13 - Error: Reference source not all of its customers, the Buyer shall be given priority over all other found of the Seller's customersGeneral Provisions.
Appears in 1 contract
Sources: General Provisions for Commercial Subcontracts / Purchase Orders
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply3.1 Any time or date specified for delivery by Syrex or the Buyer, delivery in respect of any sale, shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyerapproximation and guide only.
5.2 Time of 3.2 If Syrex is unable to effect delivery of the Goods and of performance any part of the Services is of the essence and shall start to run from Products on the date of acceptance or time stipulated by the Seller of the Purchase Order it or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over obliged to take delivery as and when Syrex can reasonably affect such delivery.
3.3 Syrex endeavours to effect delivery on any date specified by it or agreed upon by it, but does not give any warranties of whatsoever nature or kind and it shall not be held responsible for any
3.4 Syrex is entitled to charge storage costs where the Buyer requests Syrex to withhold or postpone deliver, and Syrex agrees thereto, and the Buyer undertakes to pay any and all other storage costs related to Products not taken, at the prevailing storage rates charges by Syrex.
3.5 The risk in and to the Products purchased shall pass to the Buyer upon delivery. Such delivery will be deemed to have been effected upon tender of the Seller's customersProducts for acceptance by the Buyer within normal business hours, at the Buyers place of business or such other place nominated by the Buyer, or Syrex’s place of business, if the Buyer elects to collect the Products.
3.6 Unless the Buyer gives timeous notice of the partial delivery, the Buyer shall be deemed to have received the Products as set out in the delivery note and relevant invoices.
3.7 No carrier, as agent of Syrex, shall be obliged to enter the premises of the Buyer to enable offloading to be effected. However, if such vehicle should enter the Buyer’s premises, it shall be deemed to do so at the Buyer’s specific instance and request, and in that Syrex and/or agents shall accept no liability for damage or loss occasioned to the Buyer or any third party, arising in any way from such entry or for that matter, exiting from the Buyer’s premises, or from the offloading thereof, or from any negligent act or omission of Syrex of its agent carrier during the course of entering, exiting or offloading. Further, the Buyer hereby indemnifies and holds Syrex harmless against liability for any such damage or loss.
Appears in 1 contract
Sources: General Terms and Conditions of Sale
Delivery. 5.1 Delivery takes place a) Time is not of essence of the contract and any time or date specified by the Seller as time at which or date on agreed ICC INCOTERMSwhich goods will be despatched or delivered (or as case may be made available for collection) is given and intended as an estimate only and the Seller shall not be liable for any loss, damage or expense howsoever arising from delay in delivery.
b) The Buyer shall at request of the Seller supply the Seller with details necessary to allow the Seller to make delivery and shall accept delivery whenever the Seller proffers delivery. If no INCOTERMS applythe Buyer does not comply with the foregoing it shall not be entitled to withhold any payment and shall indemnify the Seller against any consequential loss, damage or expense and the Seller may enforce its remedies for payment and may (if it so wishes) cancel intended delivery shall be understood and sell the goods to occur which such intended delivery related without prejudice to its right to claim damages in respect of such breach of contract or may store goods at the moment unloading has finished taking Buyer’s risk in a place of its choosing at the location designated by Buyer.
5.2 Time of delivery cost of the Goods Buyer and of performance of the Services is of the essence and shall start to run from the date of acceptance delivery by the Seller of a deposit receipt or other evidence of storage to the Purchase Order or the date on which the Seller is placed in possession Buyer shall be deemed to be delivery of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the latergoods.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of c) The Seller reserves the right to terminate make delivery by installments, and the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered period during which delivery by installments may be made and the Buyerquantity of goods delivered in each installment shall be in the Seller’s discretion.
5.4 Delivery d) Notwithstanding any express agreement as to the date of Goods in instalments delivery the Seller shall be permitted only with entitled to postpone or cancel delivery in whole or in part when it is delayed in or prevented from making or obtaining any goods or materials or parts or components or services therefore or making delivery thereof by any cause beyond the consent Seller’s control. During any of the Buyer foregoing events the Seller’s obligations shall be suspended until such events cease or until the Seller cancels delivery (as the case may be) and such permission, if given, the Seller shall not entitle be required to obtain elsewhere in the Seller market goods with which to claim payment prior replace or permit it to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept produce goods delivery of the Goods which has been postponed or installation cancelled as a result of the Goods when dueany of said events. In event of cancellation, the Seller shall be paid pro rata for goods delivered or work done to the date of cancellation.
e) The Buyer shall be solely responsible for arranging suitable storage at suitable premises the proper unloading of the Goodsgoods. If, advising to assist the Buyer beforehand to remove the goods from point of the particulars of such proposed storage and delivery, the Seller or any sub-contractor does any loading or unloading of goods free of charge, no liability whatsoever shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must thereby be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced incurred by the Seller but shipped by a third party, the invoice shall bear the name of the shipper or subcontractor and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other indemnify the Seller in respect of the Seller's customersthereof.
Appears in 1 contract
Sources: Sales Contracts
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply(a) Upon completion of the construction of the Platform and the tests and trials as provided in the Specifications, delivery and after having obtained all required approvals and certifications from ABS and the Regulatory Bodies, Builder shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of tender delivery of the Goods Platform to Owner. Prior to tendering delivery, Builder shall have remedied at Builder's sole cost and expense any defects discovered by Owner, Builder or ABS in Builder's workmanship or materials including installation of performance Owner Furnished Equipment or any other non-conformity of the Services is Platform with the requirements of the essence Specifications and this Agreement and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be have performed any re-tests necessary to enable him to start work on the Goods or the Servicesensure that such items have been fully corrected. Owner shall accept such tender of delivery, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods and Owner shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of have the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able refuse to accept delivery of the Goods or installation Platform provided the same is substantially completed, except for minor items acceptable to Owner to be completed as mutually agreed between Owner and Builder, and capable of being utilized by Owner. Any remaining items shall be completed by Builder following delivery and prior to departure of the Goods when duePlatform from Builder's yard, the Seller shall be responsible for arranging suitable storage at suitable premises or Owner and Builder may mutually agree on an appropriate reduction of the Goods, advising the Buyer beforehand Contract Price for such remaining items.
(b) To evidence acceptance of the particulars Platform by Owner, Builder and Owner shall execute and deliver a Protocol of such proposed storage Acceptance and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If Delivery acknowledging delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description Platform. Builder shall further deliver to Owner a Bill of Sale confirming the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention conveyance of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form title to ▇▇▇ Platform to the Owner, which Bill of Sale shall (i) generally describe the Plat▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by ▇ as a third partymobile, the invoice shall bear the name self-contained and elevating platform, (ii) contain a general warranty of title and freedom from liens (except as to matters arising by, through, or under Owner) in favor of the shipper Owner, and (iii) be deemed to contain the point additional warranties and covenants set forth in Section 11 of this Agreement without the necessity of making any reference to such warranties in the Bill of Sale. Builder shall also deliver to Owner the remaining delivery documents set forth in the Specifications.
(c) Builder shall deliver the Platform along side Builder's dock at Builder's Yard. Following delivery and acceptance, Owner shall have the right to dock the Platform at Builders Yard for a period not to exceed thirty (30) days, after which time the Platform must depart from which the Builder's Yard. During such post-delivery originateddocking period, Owner shall pay to Builder its standard charges for shore power, potable water, and security guard service. If shipment is not delivered to the allnex premises, the original bill of lading All such charges must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated paid by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied Owner to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able Builder prior to supply some but not all of its customers, the Buyer shall be given priority over all other departure of the SellerPlatform from Builder's customersYard.
Appears in 1 contract
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMSa. The Product(s) comprise (a) General Cargo (Main Consignment) and (b) Dangerous Goods (Chemicals). If no INCOTERMS apply, delivery The Main Consignment and Chemicals comprising the Product(s) shall be understood shipped and handled separately in accordance with the conditions/requirements mandated by the Customs/concerned Airlines.
b. Delivery will be made on Ex-Works basis unless otherwise agreed in the order acknowledgement by SCIEX India. Standard service delivery hours are 8 am – 5 pm Monday through Friday, excluding holidays.
c. Legal title and risk of loss or damage pass to occur Buyer upon the goods being made available at SCIEX India's premises to the moment unloading has finished taking place at the location designated carrier of Buyer.
d. Cost of transportation and insurance shall be solely borne by Buyer.
5.2 Time e. SCIEX India will use commercially reasonable efforts to deliver the Products ordered herein within the time specified by SCIEX India on the face of this document, or, if no time is specified, within SCIEX India's normal lead-time necessary for SCIEX India to deliver the Products sold hereunder.
f. In the event of a threatened or anticipated delay in delivery, SCIEX India may promptly inform the Buyer thereof and SCIEX India and the Buyer shall consult on the most practical manner to remedy any adverse consequences thereof.
g. The delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance Products can be suspended by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings SCIEX India as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered long as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writingnot yet fulfilled any of its obligation as contemplated herein.
5.5 If h. Upon prior agreement with Buyer and for an additional charge, SCIEX India will deliver the Products on an expedited basis.
i. The Buyer is obliged to take possession of the Products on the confirmed delivery date and time. Should the Buyer for any reason, not take possession of the Products at the time of delivery: (i) the Products shall be deemed to have been delivered; (ii) the risk in the Products shall pass to the Buyer; and (iii) SCIEX India is entitled to store the Products at the sole expense and risk of the Buyer. Such protective measure does not suspend the payment obligation of the Buyer. In case for any reason the Buyer realizes that the Buyer is not able to accept take delivery of the Goods Products on the agreed date or installation of at the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified place mentioned in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customersorder acknowledgement, the Buyer shall be given priority over all other notify SCIEX India at least 14 days prior to the agreed date of delivery, the particulars of the Seller's customersaltered date on, or the altered place at, which the Buyer desires delivery of the Products, and SCIEX India shall, on payment by the Buyer of additional freight charges, as applicable, arrange to deliver the Products to the Buyer on such altered date or such altered place as the case may be.
Appears in 1 contract
Sources: Terms & Conditions of Sale
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence for Delivery and all other obligations arising herein. “Delivery Date” and/or “Dock Date” shall start to run from mean the date Supplier is required to deliver the Product to the locations designated on Buyer’s Purchase Order. If Supplier does not meet the scheduled Delivery Dates, and Supplier fails to demonstrate to Buyer that it has taken best commercial efforts to comply with meeting the Delivery Dates, then Buyer may, at its option cancel this Purchase Order, or any part of acceptance by the Seller this Purchase Order without incurring any liability. If Buyer requests expedited shipment of any late deliveries, Supplier will be responsible for shipping cost. Supplier will not ship ahead of the scheduled Delivery Date unless authorized by Buyer in writing. Buyer may re- turn, at its option, all unauthorized early shipments to Supplier at Supplier’s expense. Payments for early shipments unauthorized by Buyer will be postponed until the applicable due date after the scheduled Delivery Date. Supplier, when it has reason to believe that deliveries will not be made as scheduled, will provide immediate written notice to Buyer setting forth the cause of such anticipated delay. Supplier shall be, in addition to any other remedy available to Buyer, liable for Buyer’s documented additional expenses due to its failure to deliver in the event that it fails to provide such notice. Notwithstanding the above, neither Buyer or Supplier will be liable for delays or defaults due to fires, floods, earthquakes, riots, storms or acts of civil or military authority and without their fault or negligence. In the event that any such condition exists as to Supplier, Buyer may at its option, cancel affected Purchase Order in whole or the date on which the Seller is placed in possession of such information and drawings as part. All internationally shipped products will be shipped under "FCA Suppliers Facility (Incoterms 2010)". Products shipped under domestic transport may be necessary to enable him to start work on FCA or other Incoterm agreed between Supplier and Jabil. For FCA terms, Supplier must utilize the Goods carriers or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines forwarder provided in Jabil’s shipping guidelines for the execution transit from Supplier’s facility to the Jabil’s receiving dock. Supplier must utilize Jabil’s specified transportation agent for all shipments. If Supplier uses any other transportation agent, Supplier will reimburse Jabil for any additional costs incurred for transportation. If no transportation agent is specified, Supplier will use a transportation agent acceptable to Jabil. Title shall be transferred to Jabil upon the physical delivery of the Services Products to the final destination designated on Jabil's 00-LL10-PURTC-001-H Jabil Confidential Information Rev. 6/2017 Purchase Order . Jabil assumes risk of loss for Products when Products have been received by Jabil’s carrier or delivery dates of forwarder. In the Goods shall automatically result in the application of event a penalty equal to 1tooling Delivery is delayed and it is estimated that such delay will exceed more than 25% of the total amount of the agreed completion Date/Delivery time, Buyer may, at its option cancel this Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under without incurring any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyerliability.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Purchase Order
Delivery. 5.1 Delivery takes place on Unless otherwise agreed ICC INCOTERMS. If no INCOTERMS applyto by Seller in a purchase order, delivery shall be understood to occur terms are Ex Works (Incoterms 2020) at Seller’s designated facility with the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the exception that Seller is placed in possession of such information responsible for obtaining the export license and drawings as may be necessary completing all export clearance documents. Buyer is responsible for all carriage, duties, taxes, and other charges to enable him import clearance. Unless otherwise agreed to start work on the Goods or the Servicesby Seller in a purchase order, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or Seller will schedule delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Orderaccordance with its published lead-time. This penalty may not under any circumstances be considered as a waiver of Seller reserves the right to terminate the Purchase Order according assess an expedite fee for purchase orders requested to art.14.2 or be shipped prior to claim additional compensation agreed lead-times. Buyer will pay all transportation costs (including insurance, taxes, and customs duties) and for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall claims to be permitted only filed with the consent carrier. Title to goods will pass to Buyer alongside risk of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods loss or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety damage in accordance with the Agreement at applicable Incoterm agreed between the location designated by Buyer.
5.9 The Seller Parties. Unless expressly specified to the contrary, stock goods will be shipped promptly, and goods not in stock will be shipped as soon as commercially reasonable. However, unless expressly specified to the contrary, all shipping dates are approximate and time shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under not be of the Agreement on an annual basis or sooner in essence. Shipping dates are based upon the event such document has been modified.
5.10 If the Seller is in the position prompt receipt of being able to supply some but not all of its customers, necessary information from the Buyer shall be given priority over all other and on the correct, complete and punctual self-supply of the Seller. Seller will not be liable for any damage, loss, fault, or expenses arising out of delays in shipment or other nonperformance of its obligations caused by force majeure, act of God, or any other cause or condition beyond Seller's customersreasonable control and foreseeability. In the event of any such delay or nonperformance, Seller may, at its preference, and without liability, cancel all or any portion of a purchase order and/or extend any date upon which any performance thereunder is due. Any delivery not in dispute shall be paid for regardless of other controversies relating to other delivered or undelivered goods. Orders will be considered complete upon shipment of a quantity up to 5% over or under the amount specified in the purchase order insofar as this can be deemed reasonably acceptable for the Purchaser and when it is impracticable to produce the exact quantity ordered.
Appears in 1 contract
Sources: Sales Contracts
Delivery. 5.1 Delivery takes place Generally: Unless specifically designated otherwise on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when duespecific written purchase order, the Seller shall deliver the Products F.O.B. Seller's facility at the address shown on Seller’s shipping documentation (the “Facility"). For sales to customers or deliveries outside the United States, Seller shall deliver the Products EX WORKS the Facility. "EX WORKS" shall be responsible for arranging suitable storage at suitable premises defined in accordance with INCOTERMS 2000 of the GoodsInternational Chamber of Commerce, advising the as amended from time to time. All risk of loss, damage or delay shall pass from Seller to Buyer beforehand upon Seller's delivery of the particulars Products to a carrier at the Facility. Partial shipments shall be permitted. All installment shipments shall be separately invoiced and Buyer shall pay such separately invoiced amounts in accordance with their invoice due dates, without regard to subsequent deliveries. Delay in delivery of such proposed storage any installment shall not relieve Buyer of its obligation to accept remaining deliveries. ▇▇▇▇▇ agrees to pay all transportation, delivery, and the tax costs. Seller shall also ensure that retain title for Products until Seller receives payment in full therefor. Delivery Dates: All delivery dates are approximate. Delivery dates given by Seller are based on prompt receipt of all necessary information regarding the Goods and the premises order. Seller will use reasonable efforts to meet such Delivery Delays: Any delay in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date due to causes beyond Seller's reasonable control, or due to any priorities or allocations necessitated by governmental orders or regulations, or due to any causes specified in the Purchase Orderfollowing sentence, shall extend the Buyer may return the Goods term of delivery by a period equal to the length of such delay. In the event of delay in delivery requested by Buyer or caused by Buyer's (a) failure to supply adequate instructions; (b) failure to arrange for pickup; (c) failure to supply or approve necessary data in a timely manner; (d) requested changes; or (e) failure to provide documents required for Seller to effect delivery, Seller will store all Products at the SellerBuyer's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity , and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods if prices are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement higher at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position time of being able to supply some but not all of its customersactual delivery, the Buyer shall be given priority over pay such higher prices. Buyer shall pay all other of the storage costs, material costs, and expenses upon Seller's customersdemand.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Delivery. 5.1 Delivery takes place 7.1 Risk of loss or damage to Equipment contained in each shipment shall pass to Buyer upon delivery thereof to a carrier at Seller's manufacturing plant. With respect to Equipment ordered on agreed ICC INCOTERMSan EF&I basis, Seller shall at its expense, remedy any damage to such Equipment when such damage is caused by the negligence or willful misconduct of Seller's personnel during installation and SLAT. If no INCOTERMS applyTitle to Equipment supplied hereunder, delivery excluding Software, shall be understood to occur at the moment unloading has finished taking place at the location designated vest in Buyer upon full payment thereof by Buyer.
5.2 Time 7.2 The normal delivery intervals applicable to Equipment furnished hereunder shall be those intervals shown in Exhibit B however, Seller's only obligation shall be to meet delivery dates set forth in an accepted Release Order. If Seller, prior to acceptance of a Release Order, advises Buyer that it cannot meet a delivery date requested in the Release Order, both parties will negotiate a revised date prior to Seller's acceptance of the Release Order. The installation and SLAT intervals applicable to each EF&I Release Order shall be quoted by Seller and agreed to by Buyer prior to issuance of such Release Order.
7.3 In the event of a delay in delivery of Equipment, which is the Goods subject of an accepted Release Order, beyond the date agreed upon in such CONTRACT NO. IFN9301C Release Order and such delay is not excused under the provisions of performance Section 13 hereof, then upon Buyer's request, shipment of the Services is of delayed Equipment when ready to ship shall be made specifying priority transportation, and, in such circumstances, the essence and shall start to run from the date of acceptance amount by the Seller of the Purchase Order or the date on which the Seller is placed in possession cost of such information and drawings as may be necessary priority transportation exceeds the cost of transportation that would have been payable by Buyer pursuant to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments Section 5.5 shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writingborne by Seller.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Supply Agreement (Itc Deltacom Inc)
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMSAll shipments are made FOB, Destination (Delivery), freight and insurance billed separately. If no INCOTERMS applyINVOICING & PAYMENT Information is not including, delivery shall with this filing. The omitted material, together with an application for Confidential Treatment thereof, has been filed separately with the Securities and Exchange Commission. WARRANTY & REPAIR: DSC warrants that the Workstation will be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods free from defects in labor and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines materials for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion TERM of the Agreement unless (Warranty). At no additional cost to Customer, DSC shall repair or replace Workstation, or any component thereof, that is defective under Warranty, shipping one way. Customer shall purchase accessories and replacement parts fro Allegiance. DSC will perform any non-warranty service or repairs and invoice Customer directly. Non-Warranty repairs include, but are not limited to, damage caused to the Buyer has agreed in writing.
5.5 If the Buyer is Workstation, or any component thereof, by improper use, neglect, poor maintenance or willful misconduct, including, but not able to accept delivery limited to, improper care of the Goods or installation Workstation's Optical Slide Assembly. All warranties of Merchantability and/or fitness are expressly excluded. WORKSTATION OWNERSHIP & RISK OF LOSS: The Workstation shall remain the Goods when dueproperty of DSC and Customer shall execute and deliver a financing statement as provided under the Uniform Commercial Code (UCC), if requested, to permit DSC to record as ownership interest in the Seller Workstation. Customer shall be responsible for arranging suitable storage at suitable premises risk of loss and damage to the Goods, advising Workstation while it is in the Buyer beforehand Customer's possession (reasonable wear and tear excepted) and shall maintain adequate damage insurance coverage with respect to the Workstation. DSC shall have no obligation with respect to operation or use of the particulars of such proposed storage and the Seller shall also ensure Workstation other than that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, Instruction & Technical Specifications Manual provided with the Buyer may return the Goods Workstation at installation. ENTIRE AGREEMENT: This agreement is subject to the Seller at Purchaser Agreement between HPG and DSC, which together constitutes the Seller's risk entire agreement between DSC and expense.
5.7 Each Customer. There are no other understandings or agreements between the Customer and DSC on this matter. This agreement shall be effective upon delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performeda fully signed copy to Customer. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is madeCustomer ACCEPTED: Signature _________________________________________ Date:________________________________ Print Name: _____________________________________ P.O./Ref #:__________________________ Vendor: DiaSys Corporation, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇ ▇▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇▇▇▇▇, ▇▇▇@▇ ▇▇▇▇▇▇.-▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.▇ ▇▇▇ Telephone: ▇▇▇-▇▇▇-▇▇▇▇ Fax: ▇▇▇-▇▇▇-▇▇▇▇ DSC ACCEPTANCE: Signature: ___________________________________________ Date: _________________________ Print Name: ____________________
Appears in 1 contract
Sources: Purchasing Agreement (Diasys Corp)
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS5.1. If no INCOTERMS apply, delivery Deliveries shall be understood made to occur the Delivery Address(es) listed in the Special Terms and Conditions. Avfuel or its authorized shipping agent (“Shipping Agent”) shall be provided access to Customer’s storage facilities during normal business hours, or at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings other times as may be necessary to enable him to start work on the Goods or the Servicesapproved by Customer’s authorized representative, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution purpose of unloading the Services or Products. Unless otherwise agreed in writing, the minimum delivery dates of Jet A fuel will be a full standard transport tanker load which is equivalent to 7,500 Gross Gallons, and the Goods shall automatically result in the application of minimum delivery for Avgas fuel will be a penalty equal full standard transport tanker load which is equivalent to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order8,500 Gross Gallons. This penalty may not under any circumstances be considered as a waiver of Avfuel reserves the right to terminate impose a surcharge for deliveries of less than a full tanker load.
5.2. Delivery shall be into tanks designated by Customer. Such designation shall be construed as a warranty that the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered designated tanks and containment areas have been inspected and approved by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller appropriate regulatory agencies. Customer shall be responsible for arranging suitable all unloading operations including the placement of hoses into the proper storage at suitable premises tanks. Customer shall specifically designate and gauge the available capacity of the Goodstanks into which the Product shall be unloaded, advising the Buyer beforehand and shall bear all responsibility of spillage or contamination of the particulars Product after it leaves the end of any properly operating hose provided by Avfuel or its Shipping Agent. Access to Customer’s tanks shall be furnished in such proposed a manner that Avfuel or its Shipping Agent can safely and conveniently reach Customer’s storage facility with the hoses available, and Avfuel or its Shipping Agent may refuse to complete any delivery which Avfuel or the Seller shall also ensure that the Goods and the premises Shipping Agent determines, in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coverit sole discretion, cannot be made safely.
5.6 If delivery is made before the delivery date specified 5.3. Any claim by Customer of any discrepancy in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details quantity of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must Product delivered shall be sent effective only if made by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not written notice delivered to Avfuel within twenty-four (24) hours after the allnex premisesProduct is delivered to Customer. GIVEN THE NATURE OF THE PRODUCTS, the original bill of lading must be furnished with the invoice(s)TIME IS OF THE ESSENCE WITH RESPECT TO SUCH CLAIMS AND NO CLAIM SHALL BE PERMITTED OR EFFECTIVE UNLESS DELIVERED WITHIN THE SPECIFIED PERIOD.
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Sales Contracts
Delivery. 5.1 Deliveries shall be made during normal working hours (being Monday to Friday from 7am to 4pm) and at the Purchaser’s cost. Delivery takes place fees:
(i) are published in BGC’s price list which is available on agreed ICC INCOTERMSBGC’s website, or as notified to the Purchaser from time to time; and
(ii) may vary depending on the size, weight and length of individual Orders. It is the Purchaser’s responsibility to check the delivery docket and confirm that it is in accordance with the Purchaser’s requirements before any Goods:
(i) leave BGC’s premises (where the Goods are collected); or
(ii) are unloaded (where the Goods are delivered). If collection or delivery of Goods made in accordance with the description on the face of the docket is accepted, the Purchaser shall be liable to pay for it and shall have no INCOTERMS applyclaim against BGC for the Goods not being as ordered. In the event the Purchase or the Purchaser’s agent is not on site to accept delivery, then the driver’s signature denoting the time, date and place of delivery shall be understood deemed to occur at be acceptance of the moment said delivery by the Purchaser in the absence of manifest error. Delivery will be made to the kerb alignment or edge of the road unless previously agreed. If the Purchaser requires the delivery vehicle to leave a public road to gain access to the Site, the Purchaser shall:
(i) ensure that the vehicle has a safe, suitable and unrestricted route between the kerbside nearest to the Site and the discharge or unloading has finished taking place at location;
(ii) comply with all occupational health and safety legislation; and
(iii) release and indemnify BGC against any loss, damage, cost or liability arising from events occurring while gaining or caused by such access (including damage caused to the location designated delivery vehicle) unless solely caused by Buyer.
5.2 Time of BGC’s negligent act or omission If BGC (acting reasonably) considers the Site unsafe or inaccessible then BGC reserves the right not to make the delivery of the Goods and of performance of until such time as the Services Site is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order safe or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Orderan alternative address supplied. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before not completed within 1 hour after arrival on Site:
(i) waiting time in excess thereof will be charged at the delivery date specified in rates notified to the Purchase OrderPurchaser from time to time, the Buyer may return save and except delay caused by BGC; or
(ii) the Goods to the Seller may be taken back and stored at BGC’s premises (at the Seller's risk and expense.
5.7 Each Purchaser’s cost) until such time as they are re-delivered or disposed of in accordance with clause 5b(iv). If a date for delivery must is nominated by the Purchaser, BGC will not be accompanied by details of the exact quantity and description of bound to deliver the Goods and/or the Services performed. Shipping documents stating by that date unless it expressly agrees to do so in writing, signed by BGC, in which case it will be deemed to agree to use reasonable endeavours to deliver by the relevant Purchase Order number date. BGC shall not be liable for each shipment must any failure to deliver which is caused or contributed to by causes beyond its reasonable control, and the time specified for completion of delivery shall be sent by regular mail extended commensurately. Delay in delivery or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention completion shall not constitute a breach of the logistic/receiving officethese Terms. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When The Purchaser acknowledges that:
(i) once Goods are invoiced by the Seller but shipped delivered to a third party (such as a courier), they are outside BGC’s control. BGC will not be liable for any loss, damage, delay or non-delivery of goods caused or contributed to by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, extent permitted by law; and
(ii) the original bill Purchaser shall not be relieved of lading must be furnished with any obligation to accept or pay for the invoice(s)Goods by reason of any delay in delivery.
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Terms and Conditions
Delivery. 5.1 Delivery takes place Unless and only to the extent otherwise agreed by Seller in writing, Seller shall deliver Products to Buyer or Carrier free on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur board (FOB) at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of Delivery Location. Buyer hereby authorizes any Carrier to whom delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery Products is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods hereunder to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to act as ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇’s agent for the purposes of acceptance of possession of such Products, allocation of risk of loss, and transfer of title. When Goods are invoiced by the Buyer shall comply, and shall cause Carriers to comply, with all applicable Laws (as hereinafter defined) and operating and safety rules, policies, and procedures of Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originatedTerminal Operator. If shipment Buyer or any Carrier does not comply with the foregoing requirements, Seller or Terminal Operator may refuse to connect or load Buyer or the Carrier in question. Buyer and/or Carriers shall provide adequate and safe equipment for the taking of delivery of Products purchased by Buyer hereunder. Seller or Terminal Operator reserves the right to refuse delivery into any equipment that Seller or Terminal Operator deems unsafe or unsatisfactory to receive such deliveries. Buyer shall only take such delivery during the Delivery Location’s usual business hours. Seller will issue loading numbers to Buyer for use by Buyer and/or Carriers to take delivery of Products from Delivery Locations. Any use of loading numbers by Buyer or its Carriers in taking delivery of Products shall constitute an authorized delivery (each an “Authorized Delivery”). Alternatively, any failure to use correct loading numbers, or to use loading numbers, by Buyer or its Carriers in taking delivery of Products shall constitute an unauthorized delivery (e.g., taking delivery from an account on which Buyer is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(sauthorized) (each an “Unauthorized Delivery”).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in . In the event such document has been modified.
5.10 If the that Buyer or its Carrier takes an Unauthorized Delivery, then Seller is in the position of being able under no obligation to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customersmake any invoice corrections.
Appears in 1 contract
Sources: Terms of Sale
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS applyThe obligation of Seller to meet all delivery dates, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods specifications, and of performance of the Services quantities set in this Order is of the essence essence. Deliveries are to be made both in quantities and shall start to run from the date of acceptance by the Seller of the Purchase at times specified in this Order or such quantities and items specified pursuant to Buyer’s written instructions. Seller shall immediately notify buyer in the date on which event that its timely performance under this Order is delayed or likely to be delayed, in whole or in part, and Seller shall provide Buyer with all available information regarding the Seller is placed in possession of reasons for such information and drawings as may be necessary to enable him to start work delay. Unless otherwise specifically provided on the Goods or face of this Order, the Servicesproduct will be delivered DDP Buyer’s facility of manufacture (Incoterms 2010). In the event this Order includes the delivery of equipment which requires installation, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods Seller shall automatically result install such equipment (at its sole expense) at Buyer’s designated site upon request from Buyer. Title and risk in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments product shall be permitted only remain with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which until they are stored are properly insured against all delivered at the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date point specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk Order and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form transferred to ▇▇▇▇▇’s possession at which time title and risk in the products shall transfer to Buyer. Buyer may at its option, either retain items received in advance of the requested delivery schedule or return them to Seller at Seller’s risk and expense. If retained, payment and discount shall be based on the schedule delivery dates. In the event that Seller fails to deliver as and when specified, ▇▇▇▇▇▇▇@▇ reserves the right to cancel this Order, or any part thereof, without prejudice to its rights or remedies and Seller agrees that ▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party▇ may return part or all of any so shipment made, and if this Order calls for partial shipments, the invoice shall bear balance may be cancelled or suspended upon notice and Buyer may charge Seller with any expedited routing charges or any loss or expense sustained as a result of such failure to deliver as specified. Buyer reserves the name right to return the portion of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other excess of the quantity ordered, at Seller's customers’s expense.
Appears in 1 contract
Sources: Terms and Conditions of Purchase
Delivery. 5.1 8.1. All invoices shall be paid in full before Delivery of the Order takes place.
8.2. A Delivery Note (copy or original) signed by any employee of the Reseller shall be prima facie proof that Delivery was made to the Reseller of any of the Goods.
8.3. MOTHERKIND shall be entitled to deliver the Order in instalments, in the quantities as determined by MOTHERKIND and in the event that MOTHERKIND makes Delivery to the Reseller in instalments, each instalment shall be deemed to be the subject of a separate contract and non-delivery or delay in Delivery of any instalment shall not affect the balance of the contract or entitle the Reseller to cancel the contract or this Agreement. When Goods are delivered in instalments, statements and invoices relating to separate deliveries shall be payable prior to Delivery of each separate instalment and no payment shall be postponed until such time as all the Goods in the Order have been Delivered.
8.4. Delivery of the Goods to the Reseller should take place on within 5 (five) Business Days after payment is received by MOTHERKIND or as soon as possible after any delivery dates which may be agreed ICC INCOTERMSbetween the Parties in writing.
8.5. If Any delivery dates given are estimates only quoted in good faith and if no INCOTERMS applydates are specified, delivery shall be understood within a reasonable time. Whilst every effort will be made to occur at dispatch Orders within the moment unloading has finished taking place at the location designated by Buyergiven time frame, MOTHERKIND does not guarantee dispatch on any specific date and shall not be liable for any loss and/or damage for failure to effect delivery/ dispatch timeously for any reason beyond MOTHERKIND’s reasonable control.
5.2 Time 8.6. MOTHERKIND is entitled to engage the services of delivery a third party to deliver the Order to the Reseller’s stipulated address. Should the Reseller wish to engage the services of its own third party to deliver the Order, the request shall be made in writing to MOTHERKIND and all costs shall be for the Reseller’s account. The Reseller hereby indemnifies MOTHERKIND against any loss or damage whatsoever arising from or in connection with this delivery.
8.7. In the event that MOTHERKIND transports the Goods and of performance of to the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the ServicesReseller, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates Delivery of the Goods shall automatically result in be deemed to have taken place when the application Goods are off-loaded at the Delivery Place, or on-loaded to the Reseller or its agent’s vehicle, where the Goods are collected by the Reseller or its agent from MOTHERKIND’s Premises. The signature of a penalty equal to 1% any employee of the total amount Reseller on a Company Delivery Note or Statement shall on the face of it be proof of the Purchase Order per working day of delay, capped at 10% proper Delivery of the total amount Goods.
8.8. In all cases where Delivery to the Reseller occurs by carrier, the carrier shall be the Reseller’s agent, and Delivery to such carrier by MOTHERKIND shall be deemed to be Delivery to the Reseller. The signature of any employee of the Purchase Ordercarrier shall on the face of it be proof of proper Delivery to the Reseller. This penalty Should MOTHERKIND, at the Reseller’s request, agree to engage a carrier to transport Goods to the Reseller, such carrier shall be the Reseller’s agent and MOTHERKIND shall engage the carrier on such terms and conditions as it deems fit and the Reseller indemnifies MOTHERKIND against all demands and claims which may not under any circumstances be considered as a waiver made against it by the carrier so engaged and all liability which MOTHERKIND may incur to the carrier arising out of the right transportation of the Goods. The Reseller will be liable for payment of all costs due to terminate the Purchase Order according said carrier in respect of the transport of the Goods to art.14.2 or to claim additional compensation for any loss suffered by the BuyerReseller.
5.4 8.9. Delivery of Goods in instalments to the Delivery Place by MOTHERKIND shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises constitute proper Delivery of the Goods, advising despite the Buyer beforehand fact that such address may not have been the address or premises of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coverReseller.
5.6 If 8.10. MOTHERKIND shall not be liable for any non-delivery is made before of Goods or incorrect or damaged Goods unless the Reseller has reported the non-delivery date specified in or damage within a period of 7 (seven) days of Delivery of the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expenseGoods.
5.7 Each delivery must be accompanied by details of 8.11. If the exact quantity and description Reseller fails to take Delivery of the Goods and/or ordered, or in any way delays the Services performed. Shipping documents stating Delivery of Goods ordered, then the relevant Purchase Order number for each shipment must be sent by regular mail or email risk in the Goods shall immediately pass to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper Reseller and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer Reseller shall be given priority over all other liable to pay MOTHERKIND the reasonable costs of storing, insuring, and handling the Seller's customersGoods, until Delivery takes place.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Delivery. 5.1 Delivery takes Unless stated to the contrary under the Special Conditions, delivery of all Equipment shall be in accordance with Ex Works (EXW) Incoterm 2010 rule to the place on agreed ICC INCOTERMSof delivery as the supplier’s premises. If no INCOTERMS applyat any time Supplier is unable to deliver the Equipment as required, the Supplier shall immediately notify the Renter, and in any event, not later than seven (7) days upon the Supplier become aware (or should have been aware) of the occurrence of the event causing the delay together with full details of the event causing the delay and actions to be taken to overcome or minimize delay and, where delay cannot be avoided, to inform the Renter of the earliest revised delivery date. The Supplier shall at its own costs take all actions necessary to remedy any delay which would prevent the delivery of the equipment by the date specified on the Rental Order. The Supplier shall not be understood entitled to occur at claim any additional costs unless the moment unloading has finished taking place at delay is due to a default of the location designated Renter. In the event that the revised delivery date is not acceptable to the Renter, the Renter shall have the right to terminate this Rental Order and recover from the Renter all losses and expenses sustained by Buyer.
5.2 the Renter as a result of the delay. Time of delivery of the Goods and of performance specified Equipment shall be of the Services is essence. The Renter's acceptance or use of the essence Equipment does not constitute the Renter's acknowledgment that the Equipment is in good mechanical condition. In the event that the Equipment does not function as described in this Agreement, the Supplier shall promptly service the Equipment so that it functions as described in this Agreement in a reasonable timeframe acceptable to the Renter. If the Equipment cannot be serviced so as to function as described in this Agreement, the Supplier will replace the Equipment within 24 hours, unless other arrangements acceptable to the Renter are made. Loading and shall start to run from the date of acceptance by the Seller offloading of the Purchase Order or Equipment at the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may Supplier site shall be the later.
5.3 Exceeding the completion deadlines for the execution responsibility of the Services or delivery dates Supplier. Loading and offloading of the Goods Equipment at the project site shall automatically result in be the application of a penalty equal to 1% responsibility of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the BuyerRenter.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Equipment Rental Agreement
Delivery. 5.1 Delivery takes place The adherence to a delivery time depends on agreed ICC INCOTERMStimely self-delivery. If no INCOTERMS applythe delivery option depends on delivery by a pre-supplier and if this delivery fails for reasons for which HeiTec is not responsible, delivery shall be understood HeiTec is entitled to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run withdraw from the date contract. For this reason, the customer is not entitled to compensation. The same applies if, due to force majeure or other events, the delivery becomes considerably more difficult or impossible and HeiTec is not responsible for this. Such events include in particular: Fire, flood, labour disputes, breakdowns, strikes and official orders that are not part of acceptance by our operational risk. In the Seller cases mentioned, the customer will be immediately notified about the possibility of a missing delivery and an already provided service will be reimbursed immediately. Agreed loading and delivery deadlines must be strictly adhered to. Suppliers and customers are obliged to notify HeiTec immediately as soon as it becomes apparent that the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services agreed loading or delivery dates of date can not be met. If the Goods shall automatically result in the application of loading or delivery date is a penalty equal to 1% of the total amount of the Purchase Order per working day of delayso-called fixed date, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of HeiTec has the right to terminate refuse the Purchase Order according delayed loading or delivery. In such a case, the contracting party of HeiTec in default has to art.14.2 or to claim additional compensation assume liability for any loss suffered the damage caused by the Buyer.
5.4 Delivery delay. If HeiTec accepts the delay, only a possible delay damage caused by the delay is to be compensated. By accepting the material, the supplier warrants that the transferred material is his sole property and free from third party rights – insofar HeiTec is fully indemnified against any claims of Goods third parties. The supplier assumes the risk of accidental loss until arrival at the place of destination. He is obliged to process the material in instalments shall be permitted only with such a way that the consent freight forwarders are not entitled to refuse liability for damage during transport. Provisions of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion currently valid version of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when dueRecycling Management Act, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage Dangerous Goods Ordinance and the Seller shall also ensure that ADR must be observed. Deliveries are clearly and unmistakably marked with our delivery notes / shipping documents (MRP No. :). The weights of each delivery are to be created by means of a weighing slip. Deductible packaging such as pallets, etc. must be recorded in number and weight. Partial retrievals for larger deliveries have to be made in the Goods and the premises in which they loading volume of a truck (24 tons). The respective maximum retrievals are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expensecontract.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: General Terms and Conditions
Delivery. 5.1 Delivery takes place Goods delivered pursuant to the terms of this Agreement shall be suitably packed for shipment in suitable containers to permit safe transportation and marked for shipment by Seller to the shipping destination specified in the applicable purchase order. All packages must be accompanied by a packing list detailing the contents including description and quantity of the goods, part number or size, if applicable, and appropriate evidence of inspection. NW UAV Propulsion Systems’ P.O. number and line item number must appear on agreed ICC INCOTERMSall packing lists and/or bills of lading. Seller shall ship and deliver all Goods to NW UAV Propulsion Systems if international, DDP (Delivered Duty Paid) or if domestic FOB: Destination, McMinnville, Oregon, USA unless otherwise stated in the purchase order. In the event of any anticipated or actual delay, including but not limited to labor disputes, Seller shall: (i) promptly notify NW UAV Propulsion Systems in writing of the reasons for the delay and the actions being taken to overcome or minimize the delay; (ii) provide NW UAV Propulsion Systems with a written recovery schedule; and (iii) if requested by NW UAV Propulsion Systems, ship via air or other expedited routing to avoid or minimize delay to the maximum extent possible, unless Seller is excused from prompt performance as provided in the “Force Majeure” clause of this contract. The added premium transportation costs are to be borne by Seller. If no INCOTERMS apply, delivery shall be understood to occur at any Goods are not shipped within thirty (30) days after the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery shipping date specified in the Purchase Orderapplicable purchase order, then NW UAV Propulsion Systems may cancel the Buyer may return the applicable purchase order with respect to any such Goods by giving Seller written notice of such cancellation, and any such cancellation shall be without any cost, penalty or liability to NW UAV Propulsion Systems. Seller shall promptly refund any purchase price and other amounts paid by NW UAV Propulsion Systems with respect to the Seller at the Seller's risk and expensecancelled Goods.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Purchase Agreement
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. 9.1 The Seller’s obligation to make delivery hereunder is subject to the availability of the particular Product shown in the Seller’s Sales Confirmation.
9.2 If no INCOTERMS apply, delivery shall the Seller at any time and for any reason believes that there may be understood to occur a shortage of Product at the moment unloading place of Delivery, it may allocate its available Products among its buyers in such manner as it may decide and in its absolute discretion. The Seller shall not be required to deliver the Product for export of which a government or port or other permit is required and has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered been obtained by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the 9.3 The Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage obtaining all necessary permits, licenses and approvals required to enable the Seller and Buyer to execute the entirety of their respective obligations under this Agreement.
9.4 Delivery shall be made in one or more consignments at suitable premises the place of Delivery by such means as the Seller deems appropriate.
9.5 The place of Delivery shall be at a place permitted by the port regulations or authorities concerned. If it is in the opinion of the GoodsSeller that the delivery will likely cause a labour dispute with its employees, advising the Buyer beforehand shall be required to provide its own bunker tanker at its own cost and expense notwithstanding what had been agreed in the Seller’s Sales Confirmation.
9.6 Subject to the availability of the particulars Product, the availability of such proposed storage facilities at the place of Delivery and the Buyer providing the required notice in accordance with Clause 8 hereof, the Seller will use its reasonable endeavour to ensure that the Product will be delivered promptly upon the Vessel’s arrival and the Seller shall also not in any way be responsible for any loss, expense, damage, demurrage, detention or increased costs incurred in consequence of the Vessel not being supplied promptly or otherwise being delayed or restrained for any reason whatsoever.
9.7 For delivery by bunker tankers, the Buyer shall at its own expense provide a clear and safe berth or safe anchorage for the bunker tanker to proceed and remain safely alongside the receiving Vessel and shall provide all necessary facilities and assistance required to effect delivery. The Buyer agrees to pay and indemnify the Seller against all claims and expenses in respect of any loss, damage or delay caused by the receiving Vessel to the delivering bunker tanker.
9.8 The Buyer and the receiving Vessel shall assist in the safe mooring of the bunker tanker and make all connection/disconnection between the delivery hoses or the pipelines and the intake pipe of the receiving Vessel. The Buyer shall render all necessary assistance and provide sufficient tank space and equipment to promptly receive each and every consignment of the Product. It is the Buyer’s and the receiving Vessel’s responsibility to ensure that the Goods Product is being received at a safe rate and pressure and that all receiving equipment utilized are fully functional, oil tight, and in good working order and condition and in every way fit to receive the Product safely. The Buyer warrants that the Vessel shall provide safe access to and onboard her for the Seller’s representative and the premises in which they are stored are properly insured against all crew of the usual risks bunker tanker to carry out their work safely on board the Vessel and notify shall indemnify the Buyer Seller for any failure on the part of such insurance coverthe Vessel to so provide.
5.6 If delivery is made before the delivery date specified 9.9 The receiving Vessel will be bunkered in the Purchase Order, the Buyer may return the Goods to turn as promptly as circumstances permit and the Seller shall not in any way be liable for demurrage or for any loss due to congestion at the load port or to prior commitments of available bunker tanker, or when in Seller's risk ’s opinion clear and expensesafe berth is unavailable.
5.7 Each delivery must be accompanied by details of 9.10 In the exact quantity and description of event that the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇’s arrival at the place of Delivery is later than the date of Delivery as stated in the Seller’s Sales Confirmation, or the receiving Vessel refuses to receive the Product expeditiously for whatsoever reason, the Buyer and the receiving Vessel shall be jointly and severally liable to the Seller for all losses, additional expenses, charges arising therefrom including without limitation, demurrage at the Seller’s established rates and any increase in the price of the Product.▇▇▇. When Goods are invoiced
9.11 In the event that the receiving Vessel arrives earlier or later than the date of Delivery as stated in the Seller’s Sales Confirmation or she is unable or refuses to receive the Product (see Clause 9.17), the Product will be delivered by the Seller but shipped on a reasonable endeavour basis and the Seller is under no obligation whatsoever to effect prompt delivery and any guarantee or warranty given expressly or impliedly as to prompt delivery is hereby expressly excluded.
9.12 In the event that the receiving Vessel’s representative or crew has accepted the quantity of the Product delivered as evinced by a third partythe receiving Vessel’s representative’s or crew’s signature on the bunker delivery note and there is no further written request from the receiving Vessel to the Seller’s bunker tanker prior to the disconnection of the bunker hose, the invoice quantity as shown on the bunker delivery receipt or bunker delivery note shall bear be deemed final and complete and there shall be no further obligation on the name Seller to deliver up to the nominated quantity as specified in the Seller’s Sales Confirmation and the Buyer shall not have any claims against the Seller for any short delivery. However, the Seller shall have the right to claim against the Buyer for any losses incurred including but not limited to loss of profit on the difference in quantity delivered and the nominated quantity.
9.13 Quantity of the shipper and Product delivered shall be determined as follows:
9.13.1 Where the point from which the delivery originated. If shipment Coriolis mass flow meter is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety used in accordance with SS 648:2019, the Agreement at quantity of the location designated by Product delivered shall be determined solely based on the bunker tanker’s mass flow meter system and calculations as per the bunker metering ticket.
9.13.2 Where tank gauging is used in accordance with SS600:2014, the quantity of the Product delivered shall be determined solely based on the delivery bunker tanker’s measurements and calculations taken from tank gauge as per the bunker tanker measurement report.
9.13.3 For avoidance of doubt, quantities calculated from the receiving Vessel’s soundings shall not be used for determining the quantity of the Product delivered. The quantity of the Product delivered as determined in accordance with Clause 9.13 shall be final, conclusive and binding on the Buyer.
5.9 9.13.4 In any case, should the Buyer’s representative fail or decline to verify the quantities of the Product delivered, the measurements and calculations made by the Seller shall be final, conclusive and binding on the Buyer.
9.14 With regards to the Buyer’s request for information on the Place of Delivery or other Place of Delivery, the Seller shall use its reasonable endeavour to obtain or provide the information requested. Whilst every care will be taken by the Seller to check that such information is accurate and up to date, it is the Buyer’s responsibility to countercheck the accuracy of any information provided and such information are furnished to the Buyers on a strict understanding that it is not a contractual representation and that no responsibility of whatsoever nature will attach to the Seller for its accuracy or completeness.
9.15 The Seller shall provide not be liable for any delay caused to the Vessel due to congestion in ports, at terminal installations, floating storage terminals, bunkering pier or prior commitments of its bunker tanker.
9.16 The Buyer a current material safety data sheet (“MSDS”) warrants that the Vessel does not have or will not use any VNET calculation on board her, failing which the Seller has the right to decline delivery.
9.17 In the event that the Vessel refuses to allow delivery to commence after the bunker tanker has been alongside her for each Good supplied two hours due to no fault of the bunker tanker or Seller, the Seller may notify the Buyer under that the Agreement on an annual basis or sooner bunker tanker will cast off if delivery is not commenced in the event such document has been modified.
5.10 next one hour and thereafter, any delivery will be on a reasonable endeavour basis. If the bunker tanker is prevented from leaving, not allowed to cast off from or is held back by the Vessel, the Seller is in shall be compensated by the position of being able to supply some Buyer for any loss and damage caused thereby including but not all of its customers, limited to any demurrage incurred for or in connection with any subsequent vessels to be supplied by the Buyer shall be given priority over all other of the Seller's customersbunker tanker.
Appears in 1 contract
Delivery. 5.1 3.1 After the Order is accepted, Viatel shall use all reasonable endeavours to provide the Service by the Requested In Service Date. Viatel shall notify the Customer of the Committed Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery Date as soon as is reasonably practicable following acceptance of the Order.
3.2 The Service shall be understood provided by Viatel to occur at the moment unloading has finished taking place at relevant Demarcation Point(s). The Customer shall ensure the location designated Customer side of the Demarcation Point (including any equipment provided by Buyerthe Customer) meets all technical specifications included in the Order or as otherwise specified by Viatel.
5.2 Time 3.3 Where the Demarcation Point is within a Site owned or occupied by Viatel, then the Customer shall comply with the access and operating procedures of delivery that Site and/or any other procedures that may be notified to the Customer. Where the Demarcation Point is in a non-Viatel location, to enable Viatel to deliver the Service, the Customer shall: (i) provide to Viatel the Site and demarcation information as reasonably required by Viatel; (ii) at its own expense prepare the Site in accordance with Viatel's reasonable instructions and in accordance with all applicable health and safety requirements; (iii) procure the grant to Viatel of access to the Goods and Site including the obtaining of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order all necessary wayleaves, consents, licenses or the date on which the Seller is placed in possession of other permissions. Where such information and drawings as or access is delayed, the Committed Delivery Date may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines extended by Viatel by one day for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working every day of delay.
3.4 Viatel shall use reasonable endeavours to issue an In- Service Notification when the Service is ready to hand over. The Customer shall, capped at 10% within five (5) Business Days of receipt of such In Service Notification, notify Viatel of any Fault. In the event that a Service is to be provided to multiple Sites, such notification shall specify the Sites which are affected by the Fault, with the Service being deemed Accepted with respect to all other Sites. In the event that Customer notifies Viatel of a Fault then, as the Customer’s sole and exclusive remedy, Viatel shall use reasonable endeavours to rectify the Fault and either provide the Customer with a new In-Service Notification or reconfirm the previous In-Service Notification.
3.5 The Service shall be deemed Accepted by the Customer upon; (i) the expiry of the total amount ten (10) Business Days period referred to in Clause 3.4 where no notification as to any Fault has been made by the Customer; or (ii) reconfirmation by Viatel of an In Service Notification in accordance with Clause 3.4; or (iii) where no In Service Notification has been issued, upon the date the Customer first uses the Service.
3.6 Where Viatel is solely responsible for the delay in meeting the Committed Delivery Date, then Viatel shall provide the Customer with applicable Service Credits as defined in the Service Schedule.
3.7 Unless procured by the Customer, Tail Circuits required for the provision of the Purchase OrderService shall be detailed in the Order and shall be provided by a third-party operator. This penalty Any rights, remedies, credits or service the Customer may not have, or be entitled to regarding a Tail Circuit, are limited to those rights, remedies, credits or service which Viatel (and/or any relevant Viatel Affiliate) may be entitled to under any circumstances be considered as a waiver its agreement with the third-party operator of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation Tail Circuit;
3.8 The estimated costs for any loss suffered relevant Tail Circuit(s) shall be incorporated within the Charges indicated on the Order but may remain subject to a survey of the relevant Customer Site by the Buyerthird-party operator and may be subject to change, with any such change (whether constituting an increase or decrease in the Charges) being passed onto the Customer in its entirety.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller 3.9 The Customer acknowledges that Viatel may use Affiliates and/or subcontractors to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods provide a Service (or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(sany part thereof).
5.8 Delivery is completed only if 3.10 Viatel acknowledges that, subject to the agreed Goods or Services are delivered in their entirety in accordance Customer’s compliance with the Agreement at obligations and undertakings set out in clause 6 the location designated by Buyer.
5.9 The Seller shall provide Buyer Customer may resell a current material safety data sheet (“MSDS”) for each Good supplied Service to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.any third party
Appears in 1 contract
Sources: General Terms and Conditions
Delivery. 5.1 Delivery takes place on 6.1 Unless otherwise agreed ICC INCOTERMS. If no INCOTERMS applyin writing, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of shall take place at the Services is of address specified by the essence and shall start to run from Buyer on the date of acceptance specified by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇. The Buyer shall make all arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.▇▇▇. When Goods are invoiced
6.2 The date of delivery specified by the Seller but shipped by a third party, the invoice Renter is an estimate only. Time for delivery shall bear the name not be of the shipper essence of the contract and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the point from which Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s)date stated.
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 6.3 If the Seller Renter is unable to deliver the Goods for reasons beyond its control, then the Renter shall be entitled to place the Goods in the position of being able to supply some but not all of its customers, storage until such time as delivery may be effected and the Buyer shall be given priority over all other liable for any expense associated with such storage.
6.4 If the Buyer fails to accept delivery of Goods on the delivery date or within 3 days of notification that they are ready for despatch whether prior to or after the delivery date the Renter reserves the right to invoice the Goods to the Buyer and charge him therefore. In addition the Buyer shall then pay reasonable storage charges or demurrage as appropriate in the circumstances until the Goods are either despatched to the Buyer or disposed of elsewhere.
6.5 The Renter shall be entitled to deliver the Goods by instalments and where the Goods are so delivered, each delivery shall constitute a separate contract and failure by the Renter to deliver any one or more of the Seller's customersinstalments in accordance with these Conditions or any claim by the Buyer in respect of any one or more instalments shall not entitle the Buyer to treat any other related contract as repudiated.
6.6 Where the Buyer requires delivery of the Goods by instalments, rescheduling requires the Renter’s written agreement and will not be possible unless at least 3 weeks’ written notice is provided and so agreed. Each delivery shall constitute a separate contract and failure by the Buyer to pay the Price in respect of any instalment shall entitle the Renter to treat any other related contract as repudiated in addition to any other rights of the Renter pursuant to these Conditions.
6.7 Notwithstanding that the Renter may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and to pay for the Goods in full provided that delivery shall be tendered at any time within 3 months of the delivery date.
Appears in 1 contract
Sources: Rental Agreement
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery (a) Neither Agent nor any Lessor Party shall be understood liable to occur at Lessee for any failure or delay in obtaining Equipment or making delivery thereof. Upon delivery of Equipment to Lessee and receipt by Agent of vendor's invoice (clearly designating Agent, on behalf the moment unloading Lessor Parties, as the owner) certified and approved by Lessee together with an Individual Leasing Record with respect to the Equipment, duly executed by Lessee and, if requested by Agent, appropriate title papers for such Equipment, Agent shall, during the Commitment Period and subject to the provisions of this Master Leasing Agreement and provided that no Event of Default has finished taking place at occurred and is continuing, execute such Individual Leasing Record. Each Individual Leasing Record for the location Software Equipment shall be clearly designated by Buyeras such on the form of such Individual Leasing Record and shall not include any Hardware Equipment.
5.2 Time (b) With respect to those invoices for which Lessee shall require payment on the first Business Day (as defined in Section 5 below) of delivery a calendar quarter, Lessee shall deliver to Agent all Individual Leasing Records along with such certified invoices (clearly designating Agent, on behalf of the Goods Lessor Parties, as the owner) and of performance a report, in a format acceptable to Agent, summarizing the amounts to be funded by no later than the 15th calendar day of the Services is month immediately prior to the commencement of such calendar quarter (the "CUT-OFF DATE"). Any Individual Leasing Records and certified invoices (clearly designating Agent, on behalf of the essence Lessor Parties, as the owner) received by Agent after the Cut-Off Date preceding such quarter shall be paid in accordance with the terms and shall start to run from provisions of this Section 3 on the date of acceptance by the Seller first Business Day of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the laternext calendar quarter thereafter.
5.3 Exceeding (c) Agent shall deliver to each Lessor Party a copy of each report received from Lessee pursuant to Subsection 3(b). On the completion deadlines first Business Day of the calendar quarter immediately following the Cut-Off Date for the execution report occurring during the Commitment Period, provided that the conditions specified herein (including that no Event of the Services Default has occurred and is continuing) have been satisfied or delivery dates of the Goods shall automatically result waived in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only accordance with the consent of the Buyer and such permissionterms hereof, if giveneach Lessor Party shall deposit with Agent, shall not entitle the Seller by wire transfer to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when dueAgent's account number 3846-9701 at Citibank, the Seller shall be responsible for arranging suitable storage at suitable premises of the GoodsN.A., advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇ ▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇, ▇▇@▇ ▇▇▇▇ ▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party▇ (reference: Southland), the invoice shall bear following amounts by 10:00 AM Eastern Time:
(i) the name product of the shipper and Lessor Party's Tranche A Percentage multiplied by all amounts then payable with respect to Software Equipment; plus
(ii) the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other product of the SellerLessor Party's customersTranche A Percentage multiplied by 86% multiplied by all amounts then payable with respect to all Hardware Equipment; plus
(iii) the product of the Lessor Party's Tranche B Percentage multiplied by 14% multiplied by all amounts then payable with respect to all Hardware Equipment.
Appears in 1 contract
Delivery. 5.1 Delivery takes 6.1 The Goods shall be delivered, carriage paid, place on of delivery as is agreed ICC INCOTERMSby the Company in writing prior to delivery of the Goods. If no INCOTERMS apply, The Seller shall off-load the Goods at its own risk as directed by the Company.
6.2 The date for delivery shall be understood to occur at specified in the moment unloading has finished taking place at Order or in accordance with the location designated by Buyerattached delivery schedule.
5.2 6.3 The Seller shall invoice the Company upon, but separately from, despatch of the Goods to the Company.
6.4 The Seller shall ensure that each delivery is accompanied by a delivery note which shows, inter alia, the Order number, date of Order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered.
6.5 Time for delivery shall be of the essence.
6.6 Unless otherwise stipulated by the Company in the Order, deliveries shall only be accepted by the Company during Business Hours.
6.7 The Seller shall notify the Company promptly of any delays or threatened delays in the performance of the order.
6.8 The Company may from time to time change delivery schedules or direct temporary suspensions of scheduled shipments by means of written or telephonic notice to the Seller.
6.9 If the Goods are not delivered on the due date or not in accordance with the attached delivery schedule then, without prejudice to any other rights which it may have, the Company reserves the right to:
6.9.1 cancel the Contract in whole or in part;
6.9.2 refuse to accept any subsequent delivery of the Goods and of performance of which the Services is of the essence and shall start Seller attempts to run make;
6.9.3 recover from the date Seller any expenditure reasonably incurred by the Company in obtaining the Goods in substitution from another supplier; and
6.9.4 claim damages for any additional costs, loss or expenses incurred by the Company which are in any way attributable to the Seller's failure to deliver the Goods on the due date.
6.10 Where the Company agrees in writing to accept delivery by instalments the Contract shall be construed as a single contract in respect of acceptance each instalment. Nevertheless failure by the Seller to deliver any one instalment shall entitle the Company at its option to treat the whole Contract as repudiated.
6.11 If the Goods are delivered to the Company in excess of the Purchase Order or quantities ordered the date on which the Seller is placed in possession of such information and drawings as may Company shall not be necessary bound to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines pay for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under excess and any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments excess shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller remain at the Seller's ’s risk and shall be returnable at the Seller’s expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery (a) All Inventory and Additional Inventory purchased hereunder shall be understood to occur held by the Company, on ZGNA's behalf, at such warehouses as the Company shall reasonably determine. In the event the Merger Agreement is terminated, the Company shall, at the moment unloading has finished taking place at Company's election, either repurchase all or a portion of the location designated Inventory and the Additional Inventory within 45 days of such termination or within 45 days of such termination deliver all Inventory and Additional Inventory sold hereunder to such warehouses or plants in the United States as ZGNA shall request in writing. The cost of shipment (including insurance), duties and fees, if any, shall be borne by Buyerthe Company. In no event shall the Company charge or assess ZGNA for any costs or expenses associated with the storage of any Inventory or Additional Inventory purchased hereunder.
5.2 Time (b) The Company shall use commercially reasonable efforts to protect the Inventory and Additional Inventory purchased hereunder. For purposes of delivery this clause, "commercially reasonable efforts" shall mean the same efforts the Company uses to protect inventory owned or used by it.
(c) The Company shall segregate all Inventory and Additional Inventory purchased hereunder in order to avoid commingling with inventory owned by the Company. The Company will secure the Inventory (other than work-in-process inventory) and Additional Inventory purchased hereunder in a separate and locked room with the keys to such room delivered to ZGNA or, if such a separate room is not reasonably available, in a chain linked fenced area or other similarly secure area with signage to the effect that such inventory is owned by ZGNA and is being held by the Company on ZGNA's behalf.
(d) The Company will not make any representation to any person to the effect that it owns or has any right, title or interest in and to the Inventory or the Additional Inventory (other than the repurchase rights set forth in Section 5(c) hereof). Without limiting the generality of the Goods foregoing, no Inventory or Additional Inventory shall be included in any "borrowing base" or similar certificate delivered to any lender to the Company. All Inventory and of performance of the Services is of the essence and Additional Inventory purchased hereunder shall start to run from the date of acceptance be delivered by the Seller Company free and clear of the Purchase Order all security interests, encumbrances or the date on which the Seller is placed in possession liens ("Liens"), including any Liens of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the laterThe First National Bank of Boston.
5.3 Exceeding (e) The Company shall, at its sole cost and expense, promptly convert all work-in-process inventory included within the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal Inventory to 1% of the total amount of the Purchase Order per working day of delayfinished goods inventory. Promptly following such conversion, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments such finished goods inventory shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed secured as provided in writingSection 4(c) hereof.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Inventory Purchase Agreement (Hauser Chemical Research Inc)
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. 9.1 Seller’s obligation to make delivery hereunder is subject to the availability of the particular Product shown in the Seller’s Sales Confirmation.
9.2 If no INCOTERMS apply, delivery shall the Seller at any time and for any reason believes that there may be understood to occur a shortage of Product at the moment unloading place of Delivery, it may allocate its available Products among its buyers in a manner as it may decide and in its absolute discretion. The Seller shall not be required to deliver the Product for export of which a government or port or other permit is required and has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered been obtained by the Buyer.
5.4 Delivery of Goods in instalments 9.3 The Buyer shall be responsible for obtaining all necessary permits, licenses and approvals required to enable Seller and Buyer to execute their entire obligation under this Agreement.
9.4 Delivery shall be made in one or more consignments at the place of Delivery by such means as the Seller deems appropriate.
9.5 The place of Delivery shall be at a place permitted only by the port regulations or authorities concerned. If it is in the opinion of the Seller that the delivery will likely cause a labour dispute with its employees, the consent Buyer shall be required to provide its own bunker barge or bunker tanker notwithstanding what had been agreed in the Seller’s Sales Confirmation.
9.6 Subject to the availability of the Product, the availability of facilities at the place of Delivery and the Buyer providing the required notice in accordance with Clause 8 hereof, the Seller will use its best endeavour to ensure that the Product will be delivered promptly upon the Vessel’s arrival but the Seller shall not be responsible for any loss, expense, damage, demurrage, detention or increased costs incurred in consequence of the Vessel not being supplied promptly or otherwise being delayed or restrained for any reason whatsoever.
9.7 For delivery by bunker barge or bunker tanker, the Buyer shall at its own expense provide a clear and safe berth or safe anchorage for the bunker barge or bunker tanker to proceed and remain safely alongside the receiving Vessel and shall provide all necessary facilities and assistance required to effect delivery. The Buyer agrees to pay and indemnify the Seller against all claims and expenses in respect of any loss, damage or delay caused by the receiving Vessel to the delivering bunker barge or bunker tanker.
9.8 The Buyer and the receiving Vessel shall assist in safe mooring of the bunker barge or bunker tanker and make all connection/disconnection between the delivery hoses or the pipelines and the intake pipe of the receiving Vessel. The buyer shall render all necessary assistance and provide sufficient tank space and equipment to promptly receive each and every consignment of the Product. It is the Buyer’s and the receiving Vessel’s responsibility to ensure that the Product is being received at a safe rate and pressure and that all receiving equipment utilized are fully functional, oil tight, and in good working order and condition and in every way fit to receive the Product safely.
9.9 In event the receiving Vessel’s arrival at the place of Delivery is later than the date of delivery as stated in the Seller’s Sales Confirmation, or the receiving Vessel refuses to receive the Product expeditiously for whatsoever reason, the Seller hereby reserved the right to claim the Buyer and such permissionthe receiving Vessel for all losses, if givenadditional expenses, charges arising there from including without limitation, demurrage at Seller’s established rates and any increase in the price of the Product.
9.10 In event the receiving Vessel arrived earlier or later than the date of delivery as stated in the Seller’s Sales Confirmation or she is unable or refused to receive the Product (see Clause 9.9), the product will be delivered by Seller on a best endeavour basis. The Seller is under no obligation whatsoever to effect prompt delivery and any guarantee or warranty given expressly or impliedly as to prompt delivery is hereby expressly excluded.
9.11 In event the receiving Vessel’s representative or crew had accepted the quantity of the Product delivered as evidenced by the receiving Vessel’s representative’s or crew’s signature on the bunker delivery receipt or bunker delivery note and there is no further written request from the receiving Vessel to the Seller’s bunker barge or bunker tanker prior to the disconnection of the bunker hose, the quantity as shown on the bunker delivery receipt or bunker delivery note shall not entitle be deemed final and complete and there shall be no further obligation on the Seller to claim payment prior deliver up to completion of the Agreement unless nominated quantity as specified in the Seller’s Sales Confirmation and Buyer has agreed in writing.
5.5 If shall not have any claims against the Buyer is not able to accept delivery of the Goods or installation of the Goods when dueSeller for any short delivery. However, the Seller shall be responsible have the right to claim the Buyer for arranging suitable storage at suitable premises any losses incurred including but not limited to loss of profit on the difference in quantity delivered and the nominated quantity.
9.12 The quantity of the GoodsProduct delivered shall be determined strictly using the delivery bunker barge or bunker tanker’s measurements and calculations. In event flow meters are used instead of tank gauging, advising the Buyer beforehand of flow meter readings from the particulars of such proposed storage and meter fitted on board the Seller delivery bunker barge or bunker tanker shall also ensure that be used for determining the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coverquantity delivered.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form 9.13 With regards to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇’s request for information on the Place of Delivery or other Place of Delivery, the Seller shall use its best endeavours to obtain or provide the information requested. When Goods are invoiced Whilst every care will be taken by the Seller but shipped by that such information is accurate and up to date, it is the Buyer’s responsibility to countercheck the accuracy of any information provided and such information are furnished to the Buyers on a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment strict understanding that it is not delivered a contractual representation and that no responsibility of whatsoever nature will attach to the allnex premises, the original bill of lading must be furnished with the invoice(s)Seller for its accuracy or completeness.
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: General Terms and Conditions for Sale of Marine Fuel and Other Products
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS(a) SELLER and Affiliate shall not be required or obligated to make any delivery outside of their usual business hours or in any quantity which would exceed maximum load weights permitted by law. If no INCOTERMS applyExcept as set forth in Section 3.4(b), delivery deliveries of Products shall be understood made f.o.b. the terminal(s) listed at Exhibit A, as amended from time to occur time; Title to, and risk of loss, of all Products delivered at terminal(s) shall pass to BUYER when such Products pass the inlet flange on the transport trucks of BUYER or BUYER’s common carrier, except that SELLER or Affiliate shall retain title to any vapors or condensate recovered during delivery. Title to and risk of loss of products other than the Products shall pass to BUYER when such products are loaded for delivery at the moment unloading has finished taking place at the location designated by Buyerpoint of origin.
5.2 Time (b) Deliveries of all Products delivered to BUYER, directly or through hired common carrier, shall be made, and title to and risk of loss of such Products shall pass to BUYER, as the Product enters BUYER’s storage tanks. Transportation arranged for BUYER shall be at BUYER’s cost and shall not affect title and risk of loss.
(c) SELLER and Affiliate shall have no obligation to deliver Products to BUYER at any terminal unless BUYER, its agents, and its carriers have entered into, and are in compliance with, agreements with the terminal operator governing access to the terminal.
(d) The place of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as any Product(s) may be necessary to enable him to start work on changed by giving BUYER at least fifteen (15) days prior written notice, or such lesser time as is reasonable under the Goods or circumstances, in which case the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments new supply terminal shall be permitted added to Exhibit A where appropriate and the no longer available supply terminal shall be deleted. If a Product is discontinued at the only with the consent of the Buyer terminal for such Product and such permissiona different terminal is not designated for that Product, then both SELLER (and Affiliate, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller applicable) and BUYER shall be responsible for arranging suitable storage at suitable premises relieved of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure any further obligation hereunder with respect to that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coverProduct.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Branded Product Supply and Trademark License Agreement (ARKO Corp.)
Delivery. 5.1 Delivery takes place 7.1 It is recorded that while BHBW will use its reasonable endeavours to deliver the equipment referred to in the Proposal to the customer on agreed ICC INCOTERMS. If no INCOTERMS applythe delivery date stated in the Proposal, delivery such date is only an estimate and time shall not be understood to occur at of the moment unloading has finished taking place at essence in the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance equipment. In light of the Services above, in the event that BHBW fails to deliver the equipment to the customer on the stated delivery date, such failure shall not be deemed to be a breach by BHBW of this Agreement.
7.2 BHBW does not, as far as is permissible in law, accept liability or responsibility for unforeseeable delays due to factors beyond BHBW’s control. Such factors would typically include, inter alia, uncontrollable delays on the part of suppliers, shippers, customs, railway and road transporters and the like. Accordingly, BHBW does not, as far as permissible in law, accept liability or penalties or direct or consequential damages or losses incurred by the customer which are as a result of a failure to deliver the equipment on the stated delivery date.
7.3 Unless otherwise agreed, the customer is liable for any transport costs of the essence equipment from the premises of BHBW to any delivery address of the customer.
7.4 As far as permissible in law, in the event that BHBW or BHBW’s carrier transports the equipment to the customer, delivery and passing of the risk in the equipment shall start be deemed to run have taken place when the equipment is delivered at the customer’s premises. The signature of any employee or representative of the customer on BHBW’s delivery note or invoice shall be prima facie proof of proper delivery.
7.5 Should BHBW, at the customer’s request, agree to engage a third party carrier to transport the equipment to the customer, such carrier shall be the customer’s agent and BHBW shall engage the carrier on such terms and conditions as it deems fit and the customer indemnifies BHBW against all demands and claims which may be made against it by the carrier so engaged and all liability which BHBW may incur. Delivery to such carrier by BHBW shall be deemed to be delivery to the customer. The signature of any employee or representative of the carrier shall be prima facie proof of proper delivery to the customer.
7.6 As far as permissible in law, delivery of the equipment to any delivery address given by the customer shall constitute proper delivery of the equipment, despite the fact that such address may not have been the address or premises of the customer.
7.7 If the customer fails to take delivery of the equipment when delivery of the same is offered by BHBW, or should the customer in any way delay the delivery of the equipment, then as far as permissible in law, the risk in the equipment shall immediately pass to the customer and the customer shall be liable to pay BHBW the reasonable costs of storing, insuring, and handling the equipment, from the date that BHBW offered delivery or the customer failed to take delivery, until the date of acceptance actual delivery.
7.8 As far as permissible in law, the customer shall be barred from lodging any claim in respect of discrepancies in the equipment unless the customer has specified on the delivery note the nature of the discrepancy when taking delivery.
7.9 The customer agrees to adhere to and follow the delivery and handover processes which BHBW requires and agrees to have all intended operators (where applicable) of the equipment present at the delivery and handover.
7.10 Where the customer is providing trade in equipment to BHBW, such trade in equipment must be delivered by the Seller customer to BHBW, at its nominated address, by no later than [INSERT]. Notwithstanding any other provision of this Agreement, BHBW shall not be obliged to deliver the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary equipment referred to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal Proposal to 1% of the total amount of customer unless and until such time as the Purchase Order per working day of delay, capped at 10% of customer has delivered the total amount of the Purchase Ordertrade in equipment to BHBW in accordance with this clause. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept Upon delivery of the Goods trade in equipment to BHBW , all risk, benefit and ownership thereof shall automatically transfer to BHBW. To the extent that the customer is required to sign any document or installation of do any other thing in order for the Goods when dueaforementioned risk and ownership in the trade in equipment to transfer, the Seller shall be responsible for arranging suitable storage at suitable premises customer hereby irrevocably and unconditionally agrees to do or sign same upon receipt of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance covera request therefor by BHBW.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Standard Terms and Conditions
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from of this Order. If Supplier delivers the date of acceptance by goods or completes the Seller of the Purchase Order or the date on which the Seller is placed in possession of services later than scheduled, Buyer may assess such information and drawings amounts as may be necessary to enable him to start work set forth on the Goods PO or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines in this Order as liquidated damages for the execution time period between the scheduled delivery date and the actual delivery date (the “Delay Period”). The parties agree that if liquidated damages are set forth on the PO or in this Order, they are the exclusive remedy for the damages resulting from the Delay Period only; are a reasonable pre-estimate of the Services or delivery dates of the Goods such damages Buyer shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered suffer as a waiver result of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller delay based on circumstances existing at the Seller's risk time this Order was issued; and expense.
5.7 Each delivery must are to be accompanied by details of the exact quantity assessed as liquidated damages and description of the Goods and/or the Services performednot as a penalty. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email Buyer’s resort to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked liquidated damages for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to Delay Period does not preclude ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇’s right to other remedies, damages and choices under this Order other than the damages resulting from the Delay Period, including, but not limited to Buyer’s right to terminate this Order for non-delivery.▇▇▇If no liquidated damages are set forth on the PO or in this Order, Buyer shall be entitled to recover all damages it incurs as a result of Supplier’s failure to perform as scheduled. When Goods All delivery designations are invoiced by Incoterms® 2010. Unless otherwise set forth on the Seller but PO, all goods provided under this Order shall be delivered FCA Supplier’s facility except goods that are to be shipped by directly to Buyer’s customer or a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet ’s customer that are: (a) not to be exported; or (b) exported from the United States of America (“MSDSU.S.”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers), the Buyer shall be given priority over delivered EXW Supplier’s facility. The term EXW used herein is modified from the Incoterms® 2010 definition to mean “EXW with Supplier responsible for loading the goods at Supplier’s risk and expense”. Buyer may specify contract of carriage in all other cases. Failure of Supplier to comply with any such Buyer specification shall cause all resulting transportation charges to be for the Seller's customersaccount of Supplier.
Appears in 1 contract
Sources: Terms of Purchase
Delivery. 5.1 Supplier will deliver ordered Products in accordance with the specifications, drawings or approved samples, and at the prices and quantities in the Agreement, on a Delivery takes place Duty Paid basis per INCOTERMS 2020 at the facility of Company or its designee identified in the Purchase Order for international shipments (and on agreed ICC INCOTERMSan F.O.B. basis at the facility of Company or its designee identified in the Purchase Order for domestic shipments). If no INCOTERMS applyCompany will have the right to route all shipments. All Products will be (a) suitably packed, delivery marked with Company’s Purchase Order number; (b) transported in clean, hygienic, physically sound conditions; and (c) shipped in accordance with shipping instructions specified herein and otherwise in accordance with the requirements of common carriers. No charge shall be understood made to occur at Company for boxing, packing, crating or carting unless separately itemized on the moment unloading has finished taking place at the location designated by Buyer.
5.2 Purchase Order. Time of delivery of the Goods and of performance of the Services is of the essence of this Agreement, and shall start to run from the date if delivery of acceptance Products or performance of Services is not completed by the Seller of time promised, Company reserves the Purchase Order or the date on which the Seller is placed right, without Company bearing any liability and in possession of such information addition to its other rights and drawings as may be necessary to enable him to start work on the Goods or the Servicesremedies, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate this Agreement by notice to Supplier effective when received by Supplier as to the Purchase Order according applicable Products and to art.14.2 purchase substitute Products or to claim additional compensation for Services elsewhere and charge Supplier with any loss suffered incurred. If, in order to comply with Company’s required delivery date, it becomes necessary for Supplier to ship by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date a more expensive way than specified in the Purchase OrderAgreement, any increased transportation costs resulting therefrom shall be paid for by Supplier unless the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number necessity for each shipment must be sent by regular mail such rerouting or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped expedited handling has been caused by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originatedbreach by Company. If shipment is delayed for any cause, Supplier must report the same to Company promptly. Failure of Company to insist upon strict performance will not delivered constitute a waiver of any of the provisions of any Purchase Order or waiver of any default. Supplier will not unreasonably anticipate delivery by purchasing materials or manufacturing quantities in excess of what is reasonably required to meet Company’s delivery schedule. Items received in advance of Company’s delivery schedule may, at Company’s option, be returned at Supplier’s expense or be accepted and payment withheld until after the allnex premises, scheduled delivery date. Title and risk of loss will shift from Supplier to Pactiv Evergreen after Supplier tenders the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement ordered Products for unloading at the location designated by Buyer.
5.9 The Seller shall dock at the point of delivery. Notwithstanding the delivery terms set forth herein, Company may elect, at its option, for Supplier to be responsible for unloading the ordered Products at Supplier’s expense at the point of delivery, and in such case, title and risk of loss will shift from Supplier to Company after Supplier unloads the ordered Products at the dock at the point of delivery. Supplier will be liable to Company for any loss or damage resulting from Supplier’s failure to act so as to provide Buyer adequate protection during shipment. Additional expenses, charges or claims incurred as a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under result of deviation from the Agreement on an annual basis specified route, noncompliance with other shipping instructions, or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other improper description of the Seller's customersshipment in shipping documents will be the responsibility of Supplier.
Appears in 1 contract
Sources: Vendor and Supplier Contracts
Delivery. 5.1 Delivery takes place 3.1 The Purchaser agrees that the signature of any employee and/or representative of the Purchaser on agreed ICC INCOTERMS. If no INCOTERMS applythe Company's official delivery note/invoice/waybill or the delivery note of any authorised independent carrier at any address nominated by the Purchaser, (notwithstanding that it might be incorrect on the delivery note or invoice/waybill) shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time prima facie proof of proper delivery of the Goods to the Purchaser.
3.2 Upon the issuing of delivery note each delivery note shall constitute a separate contract between the Company and of performance the Purchaser governed by these Terms.
3.3 Should the Purchaser in checking the Goods note a discrepancy between the delivered quantity and that of the Services is of delivery note the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of Purchaser must note such information and drawings as may be necessary to enable him to start work difference on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal note and draw such note to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving officeperson delivering the Goods. Invoices stating In the relevant Purchase Order number should event of the Purchaser failing for any reason whatsoever to sign the delivery note or to make note of any discrepancies as aforesaid, the Company shall not be sent on .pdf form liable in respect of claims arising out of any discrepancies between the quantity invoiced and the quantity delivered.
3.4 The risk in and to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced any goods purchased from the Company shall pass to and vest in the Purchaser immediately upon delivery to the Purchaser or to the address nominated by the Seller but shipped by Purchaser. Should the Purchaser instruct the Company to engage a third partycarrier to transport the Goods, the invoice Company shall bear engage such carrier on any terms and conditions as it deems fit. The Purchaser indemnifies and keeps the name Company indemnified against all losses, claims, expenses incurred in connection with any dispute or litigation concerning or compromise arising out of or in relation to any claims made against the Company by such a carrier so engaged. In such case liability for the Goods passes to the Purchaser at the time the goods are made available for collection or transportation at the Company’s premises.
3.5 All Goods must be inspected by the Purchaser on delivery.
3.6 In accordance with these Terms in general, no claim against the Company in respect of an alleged defect will be considered unless the Company is notified by the Purchaser in writing within 5 (five) days after delivery of the shipper Goods.
3.7 The Company will be allowed reasonable opportunity and facilities to investigate any claims. The Purchaser shall, if so requested by the point from Company, promptly return any Goods which the delivery originatedare subject to a claim plus any packaging materials. If shipment is not delivered These must be securely packed and carriage paid to the allnex premisesCompany for examination.
3.8 The Purchaser further acknowledges that unless it notifies the Company within 5 (five) days of delivery in writing of any defect, the original bill of lading must be furnished with Purchaser acknowledges that the invoice(s)Goods were delivered in good condition.
5.8 Delivery 3.9 The Company will endeavour to deliver the Goods and Services timeously, but any delivery date is completed approximate only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller and time shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customersessence in any agreement. The Company shall have no liability as a result of failure by it to comply with any specified delivery date. The Purchaser accordingly indemnifies and holds the Company harmless in relation to any delayed or non-delivery.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Delivery. 5.1 Delivery takes place 7.1 Except as otherwise expressly agreed by the Parties, Mission shall deliver all Cargos of Products to VMSC on agreed ICC INCOTERMSa CIF basis. If no INCOTERMS applyMission shall arrange and pay for transportation of the Products sold hereunder. For the avoidance of doubt, delivery Mission shall pay all Shipping and Transport Costs which are to be covered within the Pricing Formula per Section 5,
7.2 JME and CJO shall be understood delivered as separately identified Cargos.
7.3 VMSC shall exercise reasonable diligence to occur provide a safe, deepwater, readily accessible berth at the moment unloading has finished taking place at Delivery Port; provided, however, that Buyer shall not be deemed to have warranted the location safety of any such berth or terminal and shall be under no liability in respect thereof, except for loss or damage caused by the terminal operator’s failure to exercise reasonable care as herein provided and which could not have been avoided by the exercise of due care by one or more of the owner, operator, master, officers and crew of the Vessel, the Vessel’s agent or Seller. Buyer shall not be deemed to warrant the safety of any channel, fairway, anchorage, or other waterway used in approaching or departing from the Delivery Port designated by Buyer.
5.2 Time 7.4 VMSC shall designate the appropriate Delivery Port in the Delivery Schedule. VMSC may change the Delivery Port specified in its sole discretion by providing Seller notice of delivery change prior to the transfer of title to the Products. The Buyer will bear all associated costs of any such change in the Delivery Port following the issuance of the Goods Confirmation or Confirmation Acknowledgement and of performance such costs shall be reflected in the Final Invoice.
7.5 Product shall be discharged at the Delivery Port at a berth suitable for the discharge of the Services is of the essence Product or if practicable and shall start to run from the date of acceptance mutually agreed by the Seller of Parties and provided the Purchase Order Vessel is willing to and can safely berth, at Buyer’s own or appointed premises within the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the laterharbour limits.
5.3 Exceeding 7.6 All applicable governmental, local and port authority rules and regulations, and terminal rules and regulations in force at the completion deadlines Delivery Port shall apply to Seller’s Vessel. Notwithstanding anything to the contrary contained in this Section, if any Vessel nominated by Seller does not comply with the foregoing provisions or any of them, Buyer or Buyer’s agents may refuse to berth, discharge, or continue to discharge the Vessel in question.
7.7 VMSC shall be responsible for offloading the execution Cargos of Products received hereunder.
(a) VMSC will unload each Cargo within the Services or delivery dates of the Goods shall automatically result laytime stipulated in the application Charter Party Agreement allocated for unloading where laytime commences 6 hours after notice of a penalty equal to 1% of readiness (“NOR”) has been tendered or when the total amount of Vessel is all fast alongside berth whichever is earlier;
(b) VMSC shall take delivery with customary quick despatch after the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered NOR has been given by the Buyershipowner or representative(s) in accordance with the Charter Party Agreement.
5.4 Delivery of Goods 7.8 Should Mission advise VMSC that it wishes to deliver product via onshore means, the Parties shall in instalments good faith work together to develop a method to deliver Products via onshore means. In the event that such a mutually agreeable method is developed, Mission shall be permitted only with thereafter have the consent of the Buyer and such permission, if given, shall not entitle the Seller option to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able require VMSC to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of Products via such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coveronshore means.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Delivery. 5.1 Delivery takes (a) Time will not be of the essence under this Contract.
(b) Unless stated otherwise in Prok’s quotation, all Goods are supplied ex-works at the place on of manufacture and delivery to a carrier's vehicle, including loading, shall constitute delivery by Prok to the Purchaser. No allowance has been made in the Price for transport, insurance or unloading costs. Where the Purchaser requests delivery other than ex-works Prok, at its sole discretion, may agree to act as agent for the Purchaser to effect such delivery and all costs of carriage and insurance in relation thereto will be to the Purchaser's account. In any event the Purchaser shall ensure provision of reasonable access to the point of delivery and for off-loading and/or handling without delay.
(c) Prok reserves the right, in its sole discretion to make partial deliveries of any Goods and to invoice such partial deliveries separately to the Purchaser in accordance with clause 6 of these Terms and Conditions.
(d) Unless otherwise expressly agreed ICC INCOTERMS. in writing by Prok, all delivery dates provided by Prok are approximate only and although every reasonable effort will be made by Prok to deliver Goods by the estimated delivery date, any failure by Prok to deliver the Goods by any particular date will not entitle the Purchaser to cancel the Contract or void any of these terms of this Contract or entitle the Purchaser to claim any compensation whatsoever (including liquidated or unliquidated damages) from Prok for late delivery.
(e) Where Prok agrees in writing to guarantee a delivery date, Prok will not be liable for failure to fulfil or for delays in delivering the Goods where delivery is prevented, delayed or hindered by a force majeure event, any act or omission or direction of the Purchaser, the Purchaser’s employees, agents or contractors or where Prok is delayed by any other cause beyond Prok’s reasonable control.
(f) All delivery dates are dependent upon the timely receipt of the Purchaser’s written order, all necessary particulars or details required for production and payment of any progress claims strictly in accordance with this Contract.
(g) If no INCOTERMS apply, after a period of 14 days from the date Prok notifies the Purchaser that Goods are ready for delivery and delivery of such Goods is delayed for any reason beyond Prok’s reasonable control Prok shall be understood entitled, at its sole discretion, to occur arrange for suitable storage of such Goods at its premises or elsewhere and Prok shall take reasonable measures to protect the moment unloading has finished taking place at Purchaser's interest in such Goods. To the location designated extent permitted by Buyer.
5.2 Time law, the Purchaser shall pay all reasonable costs of such storage together with all reasonable costs of insurance, demurrage, handling and other contingent charges as a result of the storage and delivery of the Goods.
(h) In addition to sub clause (g) above, if Goods are in whole or in part ready for delivery and if delivery of performance such Goods is delayed by reason of the Services is instructions given, or lack of the essence and shall start to run from the date of acceptance instructions by the Seller Purchaser, or any other delay outside of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the ServicesProk’s reasonable control, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments then Prok shall be permitted only with the consent of the Buyer entitled to invoice and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the for those Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyerclause 6(d).
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Contract
Delivery. 5.1 Delivery takes place (A) Unless otherwise agreed to in writing on agreed ICC INCOTERMS. If no INCOTERMS applyan applicable purchase order or an executed contract between Buyer and Supplier, delivery the shipping terms of all shipments required by the Buyer shall be understood to occur FCA Incoterms 2010 Supplier’s Premises with passage of title and risk of loss occurring upon delivery at the moment unloading has finished taking place at the location designated destination stipulated by Buyerapplicable purchase order.
5.2 Time (B) If Goods are received more than ten (10) calendar days ahead of delivery of specified schedule, Buyer reserves the right to keep the Goods and of performance of make payment as if the Services delivery was made per the specified delivery schedule or return the Goods to Seller at Seller's expense. In the latter case, ▇▇▇▇▇ shall debit Seller's account for actual freight charges incurred both from and to Buyer. The delivery dates contained in an Order are the dates that the Goods are required on dock at Buyer's facilities.
(C) Time is of the essence and shall start to run from the date of acceptance by the in performing an Order. Should Seller of the Purchase Order experience or the date on which the anticipate any delay in performing an Order, Seller is placed must immediately notify Buyer in possession writing of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of its expected duration and the total amount of the Purchase Orderreasons thereof. This penalty may not under any circumstances be considered as Neither such notification nor an acknowledgment by Buyer will constitute a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall an Order's specified delivery schedule. The delivery schedule will not be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement modified unless the Buyer has agreed parties do so in writing.
5.5 If , except as otherwise provided in the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Changes clause. Seller shall be responsible liable for arranging suitable storage anydirect damages resulting from a delay in delivery. The use of premium Freight (air or expedited) at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment Buyer’s expense is not delivered to the allnex premises, the original bill an acceptable means of lading complying with on-time delivery requirements. All Suppliers must be furnished with the invoice(s)notify their Buyer or site contact before shipping ANY Premium Freight Shipment.
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Purchase Order Terms and Conditions
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall (a) Time will not be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the laterunder this Contract.
5.3 Exceeding (b) Unless stated otherwise in Nepean’s quotation, all Goods are supplied ex-works at the completion deadlines place of manufacture and delivery to a carrier's vehicle, including loading, shall constitute delivery by Nepean to the Purchaser. No allowance has been made in the Price for transport, insurance or unloading costs. Where the Purchaser requests delivery other than ex- works Nepean, at its sole discretion, may agree to act as agent for the execution Purchaser to effect such delivery and all costs of carriage and insurance in relation thereto will be to the Services or Purchaser's account. In any event the Purchaser shall ensure provision of reasonable access to the point of delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of and for off-loading and/or handling without delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery (c) Nepean reserves the right, in its sole discretion to make partial deliveries of any Goods and to invoice such partial deliveries separately to the Purchaser in instalments shall be permitted only accordance with the consent clause 6 of the Buyer these Terms and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has Conditions.
(d) Unless otherwise expressly agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied writing by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇, all delivery dates provided by Nepean are approximate only and although every reasonable effort will be made by Nepean to deliver Goods by the estimated delivery date, any failure by Nepean to deliver the Goods by any particular date will not entitle the Purchaser to cancel the Contract or void any of these terms of this Contract or entitle the Purchaser to claim any compensation whatsoever (including liquidated or unliquidated damages) from Nepean for late delivery.
(e) Where ▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When ▇ agrees in writing to guarantee a delivery date, Nepean will not be liable for failure to fulfil or for delays in delivering the Goods are invoiced by the Seller but shipped where delivery is prevented, delayed or hindered by a third partyforce majeure event, any act or omission or direction of the Purchaser, the invoice shall bear Purchaser’s employees, agents or contractors or where Nepean is delayed by any other cause beyond Nepean’s reasonable control.
(f) All delivery dates are dependent upon the name timely receipt of the shipper Purchaser’s written order, all necessary particulars or details required for production and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill payment of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety any progress claims strictly in accordance with the Agreement at the location designated by Buyerthis Contract.
5.9 The Seller (g) If after a period of 14 days from the date Nepean notifies the Purchaser that Goods are ready for delivery and delivery of such Goods is delayed for any reason beyond Nepean’s reasonable control Nepean shall provide Buyer be entitled, at its sole discretion, to arrange for suitable storage of such Goods at its premises or elsewhere and Nepean shall take reasonable measures to protect the Purchaser's interest in such Goods. To the extent permitted by law, the Purchaser shall pay all reasonable costs of such storage together with all reasonable costs of insurance, demurrage, handling and other contingent charges as a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under result of the Agreement on an annual basis or sooner in storage and delivery of the event such document has been modifiedGoods.
5.10 If (h) In addition to sub clause (g) above, if Goods are in whole or in part ready for delivery and if delivery of such Goods is delayed by reason of instructions given, or lack of instructions by the Seller is in the position Purchaser, or any other delay outside of being able to supply some but not all of its customersNepean’s reasonable control, the Buyer then Nepean shall be given priority over all other of the Seller's customersentitled to invoice and payment for those Goods in accordance with clause 6(d).
Appears in 1 contract
Sources: Terms and Conditions
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of The timely delivery of the Goods and of performance product purchased hereby and/or the timely completions of the Services services to be provided by Contractor/Seller hereunder are deemed to be a material aspect of this Agreement. Said completion shall be subject to the specific terms and conditions as set forth in this Agreement. DEFAULTS/DELAYS: Time is of the essence in securing delivery of this order. Seller will give prompt notice of any anticipated delay in delivery under this order. Upon Seller’s failure or refusal to deliver the goods within the time specified in the order, or in any written authorization of the Buyer issued hereunder, or extensions thereof except when such failure is caused by an “excusable delay”, as hereafter defined, the Buyer may, at its option, and shall start by a notice in writing, terminate without charge to run from the date Buyer the right of acceptance by the Seller to proceed with its delivery of the Purchase Order goods still to be delivered, or such parts thereof, as to which there has been a delay. In such event, Buyer shall have and possess all of the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines remedies provided by law for the execution Seller’s breach of the Services or delivery dates this contract and not by way of the Goods limitation, shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of have the right to terminate complete or arrange for the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, order and the Seller shall be responsible for arranging suitable storage at suitable premises all costs incurred by the Buyer in securing such completion. The acceptance of late delivery of goods and services under this order shall not be a waiver of Buyer’s rights to any damages occasioned it by such late delivery. The term “excusable delay” includes (except with respect to default of Seller’s subcontractors) any preference priority allocation, rule or regulation hereafter issued by or other acts of any governmental authority or agency, fire, windstorm, floods, high water, and unusually severe weather or other acts of God, but in every case the failure to perform must be beyond the control and with the fault or negligence of the GoodsSeller, advising and not be entitled to any damages or compensation therefore, but shall receive an extension of time for delivery equal to the Buyer beforehand length of the particulars of such proposed storage and excusable delay provided the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify have given notice to the Buyer of the cause of the delay within 10 days of the beginning of such insurance cover.
5.6 If delivery delay, and when extent of the delay is made before known, the Seller shall have notified the Buyer whether or not such delay will effect the delivery date specified in date(s) and the Purchase Orderexpected new delivery date. If the failure to perform is caused by the default of a subcontractor, and if such default arises out of an “excusable delay” as herein defined, which was beyond the control of both the Seller and subcontractor and without the fault or negligence of either of them, Seller shall not be liable for any excess costs of the Buyer may return the Goods to for failure of the Seller at to perform unless the Seller's risk and expense.
5.7 Each delivery must products or services to be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced furnished by the subcontractor were obtained from other sources in sufficient time to permit Seller but shipped by a third party, to meet the invoice shall bear the name of the shipper and the point from which the required delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s)schedule.
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Labor and Services Agreement
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has Unless otherwise agreed in writing.
5.5 If , all deliveries of Products shall be made Ex Works of PLI's factory in accordance with ICC's Incoterms (2000). All risks of loss or damage to the Products shall pass from PLI to the Buyer is not able to accept delivery of when the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they Products are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety Buyer in accordance with the Agreement at agreed trade term as defined in ICC's Incoterms (2000). PLI may make deliveries in installments, which will be invoiced individually. The Buyer will make payment in accordance with clause 4 of these Standard Terms and Conditions. Times specified for delivery of the location designated by Buyer.
5.9 The Seller shall provide Buyer Products are given and intended as estimates only unless otherwise agreed in writing. Where a current material safety data sheet (“MSDS”) firm time for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document delivery has been modified.
5.10 expressly agreed upon, no delivery shall be considered overdue until the Buyer has made a written request for delivery and given PLI a reasonable opportunity to comply therewith. If PLI fails to deliver the Seller Products on or before the extended or postponed delivery time due to circumstances for which it is fully responsible and Buyer has stated in writing when agreeing to the position new delivery time that it will refuse to take delivery if the new delivery date is not met, Buyer shall have the right to cancel the Contract by serving written notice to PLI. The Buyer shall inspect or have inspected the Products delivered and shall notify PLI in writing of being able any nonconformance regarding the quantity, specification or quality of the Products to supply some but the order within fourteen (14) days of receipt of the Products. If Buyer does not all of its customers, report a nonconformance with the 14-day period the Buyer shall be given priority over all other deemed to have accepted the Products. During the 14-day period, at Buyer’s request, PLI will repair or replace nonconforming Products. The Buyer shall not return any Products without the prior written permission of PLI. Submitting a claim shall at no time release the Seller's customersBuyer from its obligations under the Contract. PLI’S OBLIGATION TO REPAIR OR REPLACE NONCONFORMING PRODUCTS IS BUYER’S SOLE REMEDY FOR NONCONFORMANCE.
Appears in 1 contract
Sources: Standard Terms & Conditions of Sale
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has Unless otherwise agreed in writing.
5.5 If , all deliveries of Products shall be made Ex Works of PLI's factory in accordance with ICC's Incoterms (2010). All risks of loss or damage to the Products shall pass from PLI to the Buyer is not able to accept delivery of when the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they Products are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety Buyer in accordance with the Agreement at agreed trade term as defined in ICC's Incoterms (2010). PLI may make deliveries in installments, which will be invoiced individually. The Buyer will make payment in accordance with clause 4 of these Standard Terms and Conditions. Times specified for delivery of the location designated by Buyer.
5.9 The Seller shall provide Buyer Products are given and intended as estimates only unless otherwise agreed in writing. Where a current material safety data sheet (“MSDS”) firm time for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document delivery has been modified.
5.10 expressly agreed upon, no delivery shall be considered overdue until the Buyer has made a written request for delivery and given PLI a reasonable opportunity to comply therewith. If PLI fails to deliver the Seller Products on or before the extended or postponed delivery time due to circumstances for which it is fully responsible and Buyer has stated in writing when agreeing to the position new delivery time that it will refuse to take delivery if the new delivery date is not met, Buyer shall have the right to cancel the Contract by serving written notice to PLI. The Buyer shall inspect or have inspected the Products delivered and shall notify PLI in writing of being able any nonconformance regarding the quantity, specification or quality of the Products to supply some but the order within fourteen (14) days of receipt of the Products. If Buyer does not all of its customers, report a nonconformance with the 14-day period the Buyer shall be given priority over all other deemed to have accepted the Products. During the 14-day period, at Buyer’s request, PLI will repair or replace nonconforming Products. The Buyer shall not return any Products without the prior written permission of PLI. Submitting a claim shall at no time release the Seller's customersBuyer from its obligations under the Contract. PLI’S OBLIGATION TO REPAIR OR REPLACE NONCONFORMING PRODUCTS IS BUYER’S SOLE REMEDY FOR NONCONFORMANCE.
Appears in 1 contract
Sources: Standard Terms & Conditions of Sale
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, Partial delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able permitted unless otherwise agreed. Supplier must deliver the products to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before Pressalit on the delivery date specified at the agreed place of delivery as stated in the Purchase Orderorder. The products must be delivered within Pressalit’s normal opening hours and be marked with Pressalit’s product number and order number. A packing list must be included product number, order number, quantity delivered, certificates (where agreed), clear specification of the product as well as the name of the purchaser Unless otherwise agreed, the Buyer weight of each package may not exceed 11 kg. The quantity delivered may vary +/- 5% in accordance with the quantity ordered unless otherwise agreed. All documentation must be of a legible quality and prepared in Danish or English unless otherwise agreed. Supplier must immediately notify the Pressalit of any delay or expected delay. If the delivery is expected to take place after the agreed delivery date and has not taken place on the agreed deli- very date, Pressalit is entitled to cancel the entire order or parts of it without notice unless otherwise agreed. Urgent shipments occur at Supplier’s account it Supplier is responsible for the delay. The delivery is considered as defective if it does not correspond to the specifications stated by Pressalit (including agreed qua- lity assurance, process control, measuring reports, quantity, dispatching goods inspection at the Supplier) or does not other- wise correspond to ordinary good standards for products of the type concerned. Within a reasonable period following receipt of the product, Pressalit shall conduct an inspection of the product carried out in accordance with the incoming goods inspection and the routines connected to this, which are applicable to Pressalit. Supplier must be notified as soon as possible of any flaws and defects the inspection raises. If the delivered products have defects, Pressalit has the right, according to Pressalit’s choice, to wholly or partially cancel the agreement, return the Goods product to Supplier at Supplier’s own account and risk, demand re-delivery or a subsequent delivery of new products. Possibly in combination with the Seller at the Seller's risk and expenseaforementioned ▇▇▇.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party▇ right regarding defects, the invoice shall bear Pressalit can furthermore demand that the name Supplier remedies the defects and also contributes to the sorting of the shipper and delivered products at the point from which place of delivery, just as Pressalit shall be entitled to remedy the delivery originateddefects at Supplier’s account possibly in combination with the aforementioned right regarding defects. If shipment Moreover, if the agreement is not delivered cancelled, Pressalit has the right to demand a proportionate discount on the purchase sum as well as demand compensation for loss pursuant to the allnex premises, ordi- nary rules of Danish law including subsequent costs. Pressalit’s payment for the original bill products does not imply the waiving of lading must be furnished with the invoice(s)sub- mitted claims to Supplier caused by flaws and defects.
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Purchasing Agreement
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods Supplier acknowledges and of performance of the Services agrees that time is of the essence and shall start with respect to run from the date all delivery dates stated on Orders. Any delivery made after close of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work business on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order shall be deemed late. If any part of the Products delivered by Supplier is delivered late, or otherwise does not comply with the terms and conditions hereof or in the Order as to quality or otherwise, RMR may either (a) reject and return all or any part of the Products ordered thereunder for full credit, including freight or (b) at RMR’s option, utilize all or any part of said Products, holding Supplier liable for all damages resulting from Supplier’s failure to comply. Deliveries shall not be made earlier than five (5) days prior to the requested delivery date unless specified by RMR. RMR reserves the right to accept or reject partial shipments. Shipment: If in order to comply with RMR’s required delivery date it becomes necessary for Supplier to ship a more expensive way than specified in the Order, any increased transportation costs resulting therefrom shall be paid for by Supplier unless the Buyer may return necessity for such rerouting or expedited handling has been caused s o l e l y by RMR and RMR agrees in advance to such rerouting or expedited handling fees. No charges of any kind, including charges for boxing or carriage, freight or special handling, will be allowed unless specifically agreed to in advance by RMR in writing. Pricing by weight, where applicable, covers net weight of material, unless otherwise agreed. Any costs incurred by RMR because of Supplier’s non-compliance with the Goods terms and conditions in an Order, shall be charged back to Supplier. Inspection: RMR shall be under no duty to inspect Products purchased hereunder before its use in manufacture and/or resale, and the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details processing, manufacture or resale shall not constitute an acceptance of the exact quantity Products or a waiver of any claim. RMR reserves the absolute right to reject and description refuse acceptance of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office Products which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement RMR’s instructions, specifications, drawings and data or not in accordance with Supplier’s warranty (express or implied) and to return same to Supplier at the location designated by BuyerSupplier’s expense. Payment for any Products purchased by, and delivered to, RMR hereunder shall not be deemed an acceptance thereof.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Terms & Conditions of Purchase
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply(a) Upon completion of the construction of the Platform and the tests and trials as provided in the Specifications, delivery and after having obtained all required approvals and certifications from ABS and the Regulatory Bodies, Builder shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of tender delivery of the Goods Platform to Owner. Prior to tendering delivery, Builder shall have remedied at Builder's sole cost and expense any defects discovered by Owner, Builder or ABS in Builder's workmanship or materials including installation of performance Owner Furnished Equipment or any other non-conformity of the Services is Platform with the requirements of the essence Specifications and this Agreement and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be have performed any re-tests necessary to enable him to start work on the Goods or the Servicesensure that such items have been fully corrected. Owner shall accept such tender of delivery, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods and Owner shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of have the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able refuse to accept delivery of the Goods or installation Platform provided the same is substantially completed, except for minor items acceptable to Owner to be completed as mutually agreed between Owner and Builder, and capable of being utilized by Owner. Any remaining items shall be completed by Builder following delivery and prior to departure of the Goods when duePlatform from Builder's yard, the Seller shall be responsible for arranging suitable storage at suitable premises or Owner and Builder may mutually agree on a appropriate reduction of the Goods, advising the Buyer beforehand Contract Price for such remaining items.
(b) To evidence acceptance of the particulars Platform by Owner, Builder and Owner shall execute and deliver a Protocol of such proposed storage Acceptance and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If Delivery acknowledging delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performedPlatform. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email Builder shall further deliver to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to Owner a ▇▇▇▇ of Sale confirming the conveyance of title to the Platform to the Owner, which ▇▇▇▇ of Sale shall (i) generally describe the Platform as a mobile, self-contained and elevating platform, (ii) contain a general warranty of title and freedom from liens (except as to matters arising by, through, or under Owner) in favor of the Owner, and (iii) be deemed to contain the additional warranties and covenants set forth in Section 11 of this Agreement without the necessity of making any reference to such warranties in the ▇▇▇▇▇▇@▇▇▇▇▇▇▇ of Sale. Builder shall also deliver to Owner the remaining delivery documents set forth in the Specifications.▇▇▇
(c) Builder shall deliver the Platform along side Builder's dock at Builder's Yard. When Goods are invoiced Following delivery and acceptance, Owner shall have the right to dock the Platform at Builders Yard for a period not to exceed thirty (30) days, after which time the Platform must depart from Builder's Yard. During such post-delivery docking period, Owner shall pay to Builder its standard charges for shore power, potable water, and security guard service. All such charges must be paid by the Seller but shipped by a third party, the invoice shall bear the name Owner to Builder prior to departure of the shipper and the point Platform from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s)Builder's Yard.
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Platform Construction Agreement (Chiles Offshore LLC)
Delivery. 5.1 Delivery takes place on 6.1 Unless otherwise agreed ICC INCOTERMS. If no INCOTERMS applyby the Parties, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance Products under a Purchase Order shall take place as per the specific Incoterms of the Services is International Chamber of the essence and shall start to run from the date of acceptance by the Seller of Commerce included in the Purchase Order by Company. The loading, transport, preparation for unloading and unloading of the Products purchased shall be carried out under the responsibility and at the expense of the Supplier, unless otherwise expressly regulated by the specific Incoterms of the International Chamber of Commerce included in the Purchase Order by the Company.
6.2 If the Products are delivered to Company in excess of the quantities included in the Purchase Order, Company shall choose to pay for the excess or to return to the date on Supplier the excess at Supplier’s expense.
6.3 Any carrier engaged by the Supplier, if applicable, shall comply with all requirements under applicable laws relating to the transportation of the Products in and to each jurisdiction in which the Seller is placed in possession of Products are transported and delivered and with such information and drawings other requirements as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods . The Supplier shall adopt appropriate agreements with its carrier prior to the Seller at effective delivery for loading. All transport vehicles shall be professionally operated and shall comply with all such laws and other requirements. Hazardous Products shall be unloaded by the Seller's risk recipient of the Products. These operations shall be carried out in strict compliance with current applicable regulations according to the hazardous or non-hazardous nature of the Products. For hazardous Products in particular, a security adviser shall be appointed for loading and expenseanother for transport with valid authorisation. The Supplier must be able to show proof, upon Company request, of these appointments and authorisations, when applicable.
5.7 Each 6.4 The timing of delivery must be accompanied by details is of the exact quantity and description of essence. Delivery dates included by the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued Company in the Purchase Order and delivery times given by the Company to the Supplier for delivery of the Products shall be firm and binding and constitute an essential part of the Agreement. The Supplier shall not deliver before the delivery date without authorization of the Company by written notice and, in such case, the Supplier shall compensate the Company because of the expenses caused due to the authorized early delivery. The authorized early delivery does not change the mechanism nor the payment periods foreseen for the delivery on date.
6.5 Without prejudice to any other rights or remedies available to Company at law or in equity, if the Products are not delivered on the day on which due date, the shipment is made, marked for Supplier shall pay to Company liquidated damages in the attention amount equal to: a) one per cent (1%) of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name price of the shipper and Products delayed for every week or fraction of delayed week during the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.four
Appears in 1 contract
Sources: Product Purchase Agreement
Delivery. 5.1 Delivery takes place A. The obligation of Supplier to meet the delivery dates, specifications, and quantities as set forth on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery the Purchase Order and herein shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery a basic assumption of the Goods transaction as contemplated hereby, and of performance of the Services time is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right Supplier will strictly adhere to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date and completion schedules specified in the Purchase Order. If, at any time, Supplier believes it may be unable to comply with the Buyer delivery or completion schedules, Supplier shall immediately notify Key in writing of the probable length of any anticipated delay and the reasons for same, and shall provide Key with an acceptable written recovery schedule. Supplier will continue to notify Key of any material change in Supplier’s ability to comply with its obligations hereby on an on- going basis. If Supplier fails to deliver Goods within any delivery schedule provided hereby, Key may return require Supplier to ship Goods, at Supplier's expense, by airfreight or expedited routing.
B. Supplier shall deliver all Goods specified in the Goods Purchase Order to the Seller Key at the Sellerdelivery address set forth on the Purchase Order.
C. Key may, at its option, either retain (and store at Supplier's expense) any Goods received in excess of fifteen (15) calendar days in advance of the specified Purchase Order delivery schedule(s) or return them to Supplier at Supplier's risk and expense. If such Goods are retained, time for payment and discount shall be calculated on the basis of scheduled delivery dates.
5.7 Each delivery D. Unless specified by Key, Supplier shall be responsible for selecting packaging methods and materials to provide adequate protection at minimum cost. Commercial packaging is normally acceptable for shipment to Key. Packaging methods and material selected should consider, as a minimum, fragility, part composition, surface finish, size, weight and transportation mode. Any packaging specified or referenced in the Purchase Order must be accompanied adhered to unless written deviation is authorized by details of Key. Nonconforming packaging is subject to rejection by Key or repackaging by Supplier at Supplier's expense.
E. A packing memorandum must accompany each shipment arising under the exact quantity Purchase Order, and description of the Goods and/or the Services performedpackage containing such memorandum must be clearly indicated. Shipping documents stating the relevant The Purchase Order number shall be identified on all packages, shipping papers, and other subordinate documents.
F. Except as specifically authorized by the Purchase Order, Key shall not be responsible for each shipment must be sent payment of Goods delivered by regular mail or email Supplier, which are not in conformance to the plant quantities, or office which issued specifications of the Purchase Order on the day on which the Order. Upon receipt of any nonconforming Goods, Key will notify Supplier of same and allow forty-eight (48) hours for Supplier's determination of whether Supplier will:
(i) Take possession of such nonconforming Goods at Key; or
(ii) Authorize packing and return shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇at Supplier's sole expense.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Purchase Agreement
Delivery. 5.1 Delivery takes place of all Contract items shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on agreed ICC INCOTERMSthe Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If no INCOTERMS applyan Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight ▇▇▇▇. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be understood to occur at the moment unloading has finished taking place at most economical method and the location designated by Buyer.
5.2 Time of delivery Authorized User must be informed of the Goods additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of performance receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment cost prior to completion of the Agreement unless the Buyer has agreed delivery and agree in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods writing to the Seller at the Seller's risk and expenseadditional charge.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Agreement for Medical and Laboratory Supplies and Equipment
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery The Contract Quantity shall be understood Delivered by Seller to occur at Buyer on or before the moment unloading has finished taking place at applicable Delivery Deadline, and Seller shall promptly notify Buyer when Delivery occurs. Payment and Invoices . After each calendar month during the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and Delivery Term, Seller shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines invoice Buyer for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount due for the Contract Quantity Delivered during such calendar month. Buyer shall pay such invoices within thirty (30) days following receipt of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Orderapplicable invoice. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Taxes . Seller shall be responsible for arranging suitable storage at suitable premises any and all present or future taxes and other impositions of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods Governmental Authorities relating to the Seller at the Seller's risk ownership, purchase and expense.
5.7 Each delivery must be accompanied by details sale of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email Product prior to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Delivery; Buyer shall be given priority over responsible for any and all present or future taxes and other impositions of Governmental Authorities relating to the ownership, purchase and sale of Product at and after Delivery. [Each Party will cooperate with the other Party’s reasonable requests for information (including requests for tax exemption certificates, Form W-9, or other tax documents) for the purpose of eliminating or reducing the rate at which the requesting Party must charge, deduct, or withhold for or on account of any tax in connection with this Agreement.]2 Certification of RTCs. At Seller’s sole cost and expense, Seller shall take any and all actions necessary or appropriate to obtain any Approvals and register each Project with the Tracking System prior to the commencement of the Delivery Term (or if a Project is added during the Term, then prior to notification to Buyer of the addition of the new Project to Schedule 2) as necessary or appropriate to permit Seller to generate therefrom RTCs in the Tracking System that comply with the Certification Standard. At Seller's customers’s sole cost and expense, Seller shall take such actions and execute such documents as are necessary or appropriate to generate, track and transfer to Buyer in the Tracking System the RTCs generated from Environmental Attributes produced by each Project, including (A) complying with all information, data reporting and verification requirements of the Tracking System, such as uploading RTC certificates into MRETs in a timely manner, (B) specifying carbon intensity in the Tracking System; and (C) paying all registration and transaction costs. At Buyer’s sole cost and expense, Buyer shall maintain an account in the Tracking System necessary or appropriate to permit Buyer to receive and retire RTCs.
Appears in 1 contract
Sources: Renewable Natural Gas Attribute Purchase and Sale Agreement
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services Supplier acknowledges that time is of the essence with respect to the timely and shall start conforming delivery of the Products. Supplies are delivered according to run the terms established in the Purchase Order. COFICAB reserves the right to inspect the delivered Supplies before acknowledging final reception in absence of reservations or claims. Final acceptance will occur within reasonable timelines. Notwithstanding the Supplier's liability for breach of contractual terms and delivery of defaulting Products, in case of non-conforming delivery (i.e., non-compliance with delivery time, incomplete or excess delivery or non-compliance with the Order or specifications), COFICAB reserves the right to refuse the Supplies subject of the Purchase Order in writing by a claim letter, email, fax or any other agreed means, briefly explaining the reason why it does not authorize the final reception of the Supplies. Refused Supplies will be returned to the Supplier at its own cost and risk within fifteen (15) days following the refusal of delivery notification. Supplier will bear the payment of the non- conforming delivery penalty at the rate determined on the Purchase Order as a conventional penalty, being solely responsible for the damages that may be caused to COFICAB, its clients or third parties and may be requested to indemnify COFICAB for all claims and/or additional costs derived from the date breach of acceptance by its obligation to deliver on time the Seller Supplies. COFICAB is also entitled to terminate the Order in accordance with the provisions of these Purchase Terms and Conditions. Unless otherwise stated in the Purchase Order or the date on which the Seller Contractual Document, Supplier is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines solely responsible for the execution of the Services or delivery dates of the Goods shall automatically result Supplies until they are duly accepted by COFICAB in the application of a penalty equal to 1% of terms and under the total amount of the conditions established in these Purchase Order per working day of delayTerms and Conditions, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when dueso that until before said acceptance, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against Supplier will assume all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods inherent to the Seller at the Seller's risk and expenseSupplies.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Purchase Agreement
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply(a) Contract delivery schedules and quantities are a material condition of this Contract, and Seller’s failure to meet Contract delivery schedules or quantities shall be understood considered a material breach. Any shipments that deviate from the Contract delivery schedule are subject to occur at the moment unloading has finished taking place at Buyer's rejection, and Seller will be responsible for the location designated cost incurred by Buyer to store and/or to ship the Goods. Once ▇▇▇▇▇ gives notice of the rejection of the Goods, the risk of loss and damage to the Goods is with the Seller. Any acceptance of deliveries late to the Contract delivery schedule will not waive Buyer's rights.
5.2 Time (b) If Seller fails to make delivery in accordance with the Contract delivery schedule, Buyer will have the option of delivery terminating this Contract in accordance with ¶ 19, TERMINATION FOR DEFAULT, or assessing 0.5% of the Goods unit price per day, as liquidated damages and of performance of the Services is of the essence and not as a penalty. Any such liquidated damages shall start to run from no sooner than the date of acceptance by the Seller of fifth (5th) day after the Purchase Order or Promise Date, and continue until and including the date on which the Seller Product(s) is placed in possession of such information and drawings as may be necessary delivered to enable him Buyer, not to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1exceed 20% of the total unit price. Any liquidated damages assessed to Seller will be debited from Seller’s account and may be set off against any other amount owed to Seller by Buyer. For the avoidance of doubt, liquidated damages or termination are the Purchase Order per working day of agreed-upon remedies for delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered but are without limitation as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied other remedies available to Buyer under the Agreement on an annual basis contract at law or sooner in equity for other breaches of contract.
(c) In the event such document has been modifiedof any anticipated or actual delay in meeting the Contract delivery schedule, Seller shall:
(i) Promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or minimize the delay;
(ii) Provide Buyer with a written recovery schedule; and
(iii) If requested by Buyer, ship via air or expedited routing to avoid or minimize delay to the maximum extent possible, unless Seller is excused from prompt performance as provided in ¶ 16, EXCUSABLE DELAYS. Seller will be solely responsible for paying the difference between the method of shipping specified and the actual air or expedited rate incurred.
5.10 If (d) Any information provided by Seller regarding any anticipated or actual delay in meeting the Seller Contract delivery schedule is informational only and shall not be construed as a waiver by Buyer of any of Buyer’s rights or remedies provided by law or the Contract.
(e) Goods fabricated in excess or in advance of Buyer's Blanket release are at Seller's risk unless otherwise authorized in writing by Buyer. Buyer reserves the position right, without loss of being able discount privileges, to supply some but not all of its customers, the Buyer shall be given priority over all other pay invoices covering Goods shipped in advance of the Seller's customersschedule of the normal maturity after the date specified for delivery.
Appears in 1 contract
Sources: Purchase Order
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply(1) Agreed delivery times, delivery schedules or delivery data shall be understood to occur at binding. The compliance with delivery times, delivery schedules or delivery data is essential for the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is Contract. Delivery times shall commence with the day of the essence order. An unconditional acceptance or payment of a de- layed Delivery shall not constitute a waiver of any rights on account of exceeding the period for performance.
(2) As soon as the Supplier recognizes circumstances which may endanger a proper timely Delivery, the Supplier shall inform the Purchaser in writing, giving the reasons for the delay and informing the latter of its prospective duration. This shall start to run from the date of acceptance apply for all circumstances recognizable by the Seller Supplier, which are not known to the Purchaser, irrespective of whom they were caused by. If the Purchase Order or Supplier does not fulfill his obligation to in- form, he shall bear the date on which damage resulting thereof, unless he is not responsible for the Seller is placed in possession breach of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the laterobligation.
5.3 Exceeding (3) If the completion deadlines for Supplier is in delay with Delivery, the execution of the Services or delivery dates of the Goods Purchaser shall automatically result be entitled to a contractual penalty in the application amount of a penalty equal to 10.5 % of the total amount net price for the delayed Delivery (accordingly proportionately in case of a partial delayed Delivery) for each commenced calendar week of the Purchase Order per working day of delay, capped at 10however, no more than 5 % of the total amount net price. The contractual penalty may also be demanded, if the Purchaser does not make a reservation regarding the contractual penalty at time of acceptance of the Purchase Order. This penalty may not under any circumstances be considered as a waiver Delivery, however, beyond the final payment of Delivery only, if this right is reserved at the time of the right final payment. Claims for damages and other claims and rights with regard to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered de- layed Delivery, exceeding the contractual penalty, are re- served by the BuyerPurchaser. The paid contractual penalty shall be credited towards further claims for damages.
5.4 (4) Unless otherwise agreed, the term of Delivery of Goods in instalments shall be permitted only with DDP Purchaser’s site (INCOTERMS) and the consent Supplier shall also owe the unloading of the Buyer and such permissiongoods. For the interpretation of trade terms, if given, the version of INCOTERMS applicable at the time the Contract was concluded shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writingapply.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller (5) The Delivery shall be responsible for arranging suitable storage at suitable premises of made to the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date address specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performedorder. Shipping documents stating shall be available and complete at the relevant Purchase Order time of Delivery. A delivery note shall be enclosed to each Delivery. All documents of the Supplier shall indicate the fac- tory, department, order number for each shipment must be sent by regular mail or email and additional other infor- mation requested in the order. The Supplier shall enclose the specific Inspection Certificate 3.1 according to EN 10204 to the plant or office which issued Delivery. The Inspection Certificate as well as the Purchase Order on delivery documents and the day on which containers / packaging shall show order number and batch number.
(6) The risk shall pass from the shipment is madeSupplier to the Purchaser at the time the goods are handed over to the Purchaser, marked for the attention irrespective of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name agreed upon price basis and of the shipper and person who carries out the point from which the delivery originated. If shipment is not delivered shipping or arranges for it to the allnex premises, the original bill of lading must be furnished with the invoice(s)carried out.
5.8 Delivery is completed only if (7) Packaging material may be returned. The stipulations of the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyerpackaging ordinance (Verpackungsverordnung) shall apply.
5.9 The Seller (8) Deliveries of partial quantities shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modifiedonly be allowed upon Purchaser’s explicit consent.
5.10 (9) If the Seller is a reservation of title in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other favor of the Seller's customersSupplier applies, this shall have the effect of a simple reservation of title; the Pur- chaser is entitled, regardless of the retention of title, to use and process the goods without any restrictions.
Appears in 1 contract
Sources: Terms and Conditions of Ordering
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery A. Deliveries shall be understood to occur made both in quantities and at times specified on the moment unloading has finished taking place at the location designated Order or on Releases furnished by Buyer.
5.2 Purchaser. Time and quantity of delivery of the Goods and of performance of the Services is are of the essence and of each Order. Seller shall start adhere to run from shipping directions specified on the date of acceptance by the Seller of the Purchase Order or Releases. Seller understands that the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer Purchaser is not able to accept delivery of check the Goods or installation of received quantities immediately upon the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage receipt and the Seller shall also ensure agrees that the Goods and Purchaser shall have the premises in which they are stored are properly insured against all right to refuse the usual risks and notify excess quantities by sending the Buyer declaration of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods refusal to the Seller at any time, even after the receipt of the invoice. Purchaser shall not be required to make payment for Goods delivered to Purchaser that are in excess of firm quantities and delivery schedules specified in Purchaser's Releases. Purchaser may change the rate of scheduled shipments or direct temporary suspension of scheduled shipments, neither of which shall entitle Seller to a modification of the price of Goods covered by any Order. With each delivery, Seller shall be deemed to have made the representations, warranties and covenants with respect to its financial and operating condition provided in Section 14.
B. Premium shipping expenses and/or other related expenses necessary to meet delivery schedules set forth in Releases shall be Seller's risk sole responsibility, unless the delay or expense was solely the result of Purchaser’s negligence and expenseSeller provides Purchaser with notice of any claim against Purchaser within ten (10) days after the occurrence of the alleged negligent action of Purchaser giving rise to such claim.
5.7 Each C. Notwithstanding any agreement concerning payment of freight expenses, delivery must be accompanied by details shall not have occurred and the risk of the exact quantity and description of loss shall not have shifted to Purchaser until the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not have been delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s)Purchaser's applicable facility and have been accepted at that facility.
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Purchase Order Terms and Conditions
Delivery. 5.1 Delivery takes place Unless expressly agreed otherwise by the parties in writing, Supplier shall select the method of shipment and the carrier for the Products. Each shipment constitutes a separate sale, and Dealer shall pay for the units shipped. Supplier shall deliver the Products to the delivery point specified in the relevant purchase order using Supplier’s standard methods for packaging and shipping the Products. All Prices are F.O.B. purchase order delivery point. Any time quoted for delivery is an estimate only; provided, however, that Supplier shall use commercially reasonable efforts to deliver all Products on agreed ICC INCOTERMSor before the requested delivery date. If no INCOTERMS apply, delivery shall be understood there is a shipment delay caused by Supplier’s failure to occur at produce the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result material in the application of a penalty equal time agreed upon and such delay impacts Dealers ability to 1% of the total amount of the Purchase Order per working day of delayperform its installation duties, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right Dealer will assess additional costs incurred by Dealer, if any, and work with Supplier to terminate the Purchase Order according to art.14.2 or to claim additional compensation for mitigate any loss suffered by of income. Notwithstanding anything set forth herein to the Buyer.
5.4 Delivery of Goods contrary, in instalments no event shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall Supplier be responsible for arranging suitable storage at suitable premises any delays caused by any event of Force Majeure or any for any liquidated damages that exceed $5,000 and shall only be responsible for those liquidated or delay damages directly caused by Manufacturer’s acts or omissions. Dealer shall inspect Products received under this Agreement within twenty-four hours of receipt of the GoodsProducts (the “Inspection Period”) and either accept or, advising the Buyer beforehand if any Products are nonconforming or in excess of the particulars quantities ordered, reject these Products. Dealer will be deemed to have accepted the Products unless it notifies Supplier in writing of any nonconforming, damaged or excess products during the Inspection Period and furnishes written evidence or other documentation as required by Supplier. If Dealer timely notifies Supplier of any nonconforming, damaged or excess Products, Supplier shall, in its sole discretion, will assess and replace any nonconforming Products or damaged with conforming Products or refund the Price for any nonconforming Products or damaged. Supplier shall also refund the Price for any excess Products. Dealer acknowledges and agrees that the remedies set out in section are Dealer’s exclusive remedy for the delivery of nonconforming or excess Products, subject to Dealer’s limited warranty rights set forth herein regarding any Defective Products for which Dealer has accepted delivery under this section. Title and risk of loss to Products shipped under any purchase order passes to Dealer on Supplier’s delivery of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods Products to the Seller at the Seller's risk and expensecarrier.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Dealer Agreement
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS2.1. If no INCOTERMS applyWhere the Seller delivers the goods to the Purchaser, delivery the sale shall be understood deemed to occur at have been concluded and risk in the moment unloading has finished taking place at goods shall pass to the location Purchaser upon the Seller having delivered the goods to the delivery address designated by Buyer.
5.2 Time the Purchaser when ordering the goods, against the Purchaser or its representative having signed a copy of the invoice to acknowledge receipt of the goods. The Seller reserves the right to impose a reasonable charge on the Purchaser for the delivery of the Goods and of performance goods which charge shall not exceed 1% of the Services is value of the essence goods (inclusive of VAT) as reflected in the invoice. Should the Seller elect to impose such a charge, it shall be added to the invoice as a line item and shall start be settled by the Purchaser together with payment for the goods as contemplated in 4 below.
2.2. Any other delivery agent being used for purposes of delivering the goods to run the Purchaser shall be deemed to be acting as agent for the Purchaser and risk in the goods shall pass to the Purchaser when the delivery agent has taken possession of the goods.
2.3. The date of delivery stipulated in the invoice is an approximate date only. Whilst the Seller shall use its reasonable endeavours to effect delivery on the stipulated date, the Seller reserves the right to defer the date of delivery or to cancel the contract or reduce the volume of goods ordered by the Purchaser (without liability to the Purchaser) if the Seller is prevented from or delayed in performing under this agreement due to circumstances outside the reasonable control of the Seller including but not limited to acts of God, government actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, drought, lockouts, strikes or other labour disputes or delays affecting carriers or inability or delay in obtaining supplies of products. In the event of such a delay or failure to effect delivery the Seller shall not be liable to the Purchaser for any loss, damage or expense arising from such delay or failure.
2.4. If the Purchaser fails to take delivery of the goods when tendered by the Seller, the risk in the goods shall immediately pass to the Purchaser who shall refund to the Seller on demand the reasonable costs (including storage, transport and insurance) of moving the goods and keeping them during the period of the delay.
2.5. Claims by the Purchaser for any short delivery of goods shall only be considered if submitted in writing and received by the Seller within 10 days from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Orderdelivery. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) not be liable for each Good supplied to Buyer under any short deliveries where it is shown that the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other cause of the Seller's customersshort delivery arises from the actions of any delivery agent.
Appears in 1 contract
Sources: General Conditions of Sale
Delivery. 5.1 Delivery takes 3.1 Unless otherwise expressly stated in the applicable Order, all deliveries of Products shall be made FCA (INCOTERMS 2010) to the place on agreed ICC INCOTERMS. If of delivery specified in the Order.
3.2 The date for delivery of the Products shall be specified in the relevant delivery schedule, or if no INCOTERMS applysuch date is specified, delivery shall be understood to occur take place within fourteen (14) days of the Order.
3.3 If there is a delay or failure by Supplier in meeting any agreed milestones or in delivering the ordered quantities of Products as specified in the relevant Project Agreement (PA) or Product & Pricing Agreement (PPA) at the moment unloading has finished taking place at the location designated agreed time and place, then (without prejudice to any other rights and remedies WABCO may have) WABCO shall be entitled, in its sole discretion, to claim from Supplier either (1) direct and indirect damages, loss, costs and expenses incurred as a result of Supplier’s delay, or (2) by Buyer.
5.2 Time way of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% liquidated damages 2 percent of the total amount price due under the relevant Order for every day during which the default continues. Any liquidated damages due under this section shall be paid within thirty (30) days of notice from WABCO. Notwithstanding the Purchase Order per working day aforementioned, if the Supplier at any time has reason to believe that the agreed delivery date will be delayed, it shall promptly notify WABCO and indicate the estimated period of delay. The parties shall in good faith discuss and agree on the measures to be taken in order to minimize the effects of any delay without changing Supplier’s obligation to deliver the Products on the delivery date. In such event, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, WABCO shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coverany cancellation charge vis-à-vis Supplier.
5.6 3.4 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services Products are delivered in their entirety in accordance with excess of the Agreement quantities ordered, WABCO shall not be bound to pay for the excess and any excess will be and will remain at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer Supplier’s risk and WABCO shall be given priority over all other of entitled either to return the Seller's customerssame to the Supplier’s at the Supplier’s risk and expense or require the Supplier to collect the same from WABCO at the Supplier’s expense.
Appears in 1 contract
Sources: Master Supply Agreement
Delivery. 5.1 (a) Delivery takes place of and risk in the Supplies shall be in accordance with DDP Incoterms® 1910 to TRACKWISE’s Operating Address unless otherwise instructed on agreed ICC INCOTERMSthe face of the Order. If no INCOTERMS applyDelivery of the Supplies, unless otherwise stated on the Order, shall be effected during the following times: Monday to Friday: 8.30 a.m. to 13.00 p.m.; or 13.45 p.m. to 17.00; Saturday morning by prior arrangement.
(b) If, for whatever reason, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety effected in accordance with the Agreement at Order, then TRACKWISE may, without prejudice to any other right or remedy, wholly or partly terminate the location designated Order without incurring liability to the Supplier and may resource the Supplies from a third party of TRACKWISE's choosing and charge to Supplier any associated excess costs. Furthermore, TRACKWISE does not limit its right to claim liquidated damages in respect of late delivery or any other reason. In no way shall this Sub-Clause be restricted by Buyerthe operation of Clauses 20 and 21 except insofar as TRACKWISE exercises its right to recover wasted administrative effort under said Clauses.
5.9 The Seller (c) Legal and beneficial title in the Supplies shall provide Buyer a current material safety data sheet pass to TRACKWISE on the earlier of delivery or payment for the Supplies.
(“MSDS”d) In the event that TRACKWISE is unable to accept deliveries, for each Good supplied whatever reason, TRACKWISE shall have the right to Buyer suspend, wholly or in part, deliveries under the Agreement on an annual basis or sooner in the event such document has been modifiedOrder.
5.10 If the Seller is in the position (e) In respect of being able to supply some but not all of its customersdelivery, the Buyer time shall be given priority over all other of the Seller's customersessence in every event.
(f) Supplies shall be supplied under and displaying TRACKWISE’s Order number and, where applicable, item number. Attempts to deliver Supplies without such Order number shall entitle TRACKWISE to reject such Supplies and, at TRACKWISE’s sole option, cancel the Order in whole or in part.
(g) Neither delivery, including the signing of a delivery note which purports acceptance, nor the passing of title shall constitute acceptance of the Supplies by TRACKWISE nor is it intended to alter the risks and responsibilities of TRACKWISE or the Supplier as determined by the Incoterms® 1910 rule used as envisaged by Sub-Clause 8(a) above or elsewhere within the Agreement.
Appears in 1 contract
Sources: Standard Conditions of Purchase
Delivery. 5.1 Delivery takes a. Time will not be of the essence under this Contract.
b. Unless stated otherwise in PROK’s quotation, all Goods are supplied ex-works at the place on of manufacture and delivery to a carrier's vehicle, including loading, shall constitute delivery by PROK to the Purchaser. No allowance has been made in the Price for transport, insurance or unloading costs. Where the Purchaser requests delivery other than ex- works PROK, at its sole discretion, may agree to act as agent for the Purchaser to effect such deliveryand all costs of carriage and insurance in relation thereto will be to the Purchaser's account. In any event the Purchaser shall ensure provision of reasonable access to the point of delivery and for off-loading and/or handling without delay.
▇. ▇▇▇▇ reserves the right, in its sole discretion to make partial deliveries of any Goods and to invoice such partial deliveries separately to the Purchaser in accordance with clause 6 of these Terms and Conditions.
d. Unless otherwise expressly agreed ICC INCOTERMS. in writing by PROK, all delivery dates provided by PROK are approximate only and although every reasonable effort will be made by PROK to deliver Goods by the estimated delivery date, any failure by PROK to deliver the Goods by any particular date will not entitle the Purchaser to cancel the Contract or void any of these terms of this Contract or entitle the Purchaser to claim any compensation whatsoever (including liquidated or unliquidated damages) from PROK for late delivery.
e. Where PROK agrees in writing to guarantee a delivery date, PROK will not be liable for failure to fulfil or for delays in delivering the Goods where delivery is prevented, delayed or hindered by a force majeure event, any act or omission or direction of the Purchaser, the Purchaser’s employees, agents or contractors or where PROK is delayed by any other cause beyond PROK’s reasonable control.
f. All delivery dates are dependent upon the timely receipt of the Purchaser’s written order, all necessary particulars or details required for production and payment of any progress claims strictly in accordance with this Contract.
g. If no INCOTERMS apply, after a period of 14 days from the date PROK notifies the Purchaser that Goods are ready for delivery and delivery of such Goods is delayed for any reason beyond PROK’s reasonable control PROK shall be understood entitled, at its sole discretion, to occur arrange for suitable storage of such Goods at its premises or elsewhere and PROK shall take reasonable measures to protect the moment unloading has finished taking place at Purchaser's interest in such Goods. To then extent permitted by law, the location designated by Buyer.
5.2 Time Purchaser shall pay all reasonable costs of such storage together with all reasonable costs of insurance, demurrage, handling and other contingent charges as a result of the storage and delivery of the Goods.
h. In addition to sub clause (g) above, if Goods are in whole or in part ready for delivery and if delivery of performance such Goods is delayed by reason of the Services is instructions given, or lack of the essence and shall start to run from the date of acceptance instructions by the Seller Purchaser, or any other delay outside of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the ServicesPROK’s reasonable control, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments then PROK shall be permitted only with the consent of the Buyer entitled to invoice and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the for those Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyerclause 6(d).
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Contract
Delivery. 5.1 8.1 Any dates quoted for delivery are approximate only and the time of delivery and installation shall not be of the essence. The Company shall not in any event be liable for any delay in delivery of the Products that is caused by a Force Majeure Event or the Customer’s failure to provide the Company with adequate delivery instructions or other instructions that are relevant to the supply of the Products.
8.2 The Products shall be collected by the Customer from the Company’s premises at 24 – 8TH AVENUE, EDENVALE, GAUTENG PROVINCE, SOUTH AFRICA, or such other location as may be advised by the Company prior to delivery (Delivery takes place Location) any time after the Company has notified the Customer that the Products are ready for collection or as otherwise agreed in the Company’s quotation. The delivery or collection date must be in writing on the tax invoice prior to the Customer effecting same.
8.3 Where it is agreed ICC INCOTERMS. If no INCOTERMS apply, that the Products shall be delivered by instalments each delivery shall be understood treated as a separate contract and if the Customer neglects or refuses to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of take delivery of or pay for more instalments the Goods and Company shall be entitled to treat such breach of performance contract as a repudiation of the Services is of whole Contract. The Company may deliver the essence and shall start to run from the date of acceptance Products by the Seller of the Purchase Order or the date on instalments, which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer invoiced and such permission, if given, paid for separately. Any delay in delivery or defect in an instalment shall not entitle the Seller Customer to claim payment prior cancel any other instalment or give rise to completion any other remedy.
8.4 The Company hereby reserves the right to charge a reasonable handling fee for the return of any Product due to any reason other than the fact that the Product failed, is defective, hazardous or unsafe as defined in the CPA.
8.5 The Company will not deliver to or collect from any location which it in its discretion considers to be unsuitable, including inaccessible roads or off-road locations. If a vehicle belonging to the Company is used for performing the Contract at a place situated off the public highway, the Customer shall be solely responsible for any damage or loss occasioned by reason of such delivery or collection whether to the Products or the Company’s property and shall indemnify the Company in respect thereof.
8.6 In the event of any Products or related materials delivered on the public highway or elsewhere, the Customer shall be solely responsible for compliance with any and all regulations and for all steps which need to be taken for the protection of persons or property in relation to such Products and shall indemnify the Company in respect of all or any costs, claims, losses or expenses which it may incur as a result of any complaint arising out of any delivery as aforesaid.
8.7 If the Company fails to deliver the Products, its liability shall be limited to the costs and expenses incurred by the Customer in obtaining replacement Products of similar description and quality in the cheapest market available, less the price of the Agreement unless Products. The Company shall have no liability for any failure to deliver the Buyer has agreed in writing.
5.5 If Products to the Buyer extent that such failure is not able caused by a Force Majeure Event or the Customer’s failure to accept provide the Company with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coverProducts.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 (a) Time of delivery is of the Goods and of essence. Seller’s timely performance of the Services Work is a material element of this Subcontract and Seller shall strictly adhere to the milestone, shipment, and delivery schedule specified in this Subcontract. Any unexcused failure to deliver in accordance with such schedules shall constitute a material breach of this Subcontract.
(b) In the event of any anticipated or actual delay in any Seller satisfying the Subcontract’s schedule, Seller shall (i) immediately notify Buyer in writing of the essence reasons for the delay and shall start the action being taken to run from overcome or minimize the date delay and (ii) provide Buyer with a written recovery schedule
(c) If for any reason Seller fails to satisfy a milestone, shipment, or delivery schedule specified in this Subcontract, Buyer may, at its option and without limitation of acceptance by the any other remedies available in law and equity, (i) request that Seller expedite performance of the Purchase Order or the date on which the Seller is placed in possession of such information Work, including purchasing premium shipment, and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be solely responsible for arranging suitable storage at suitable premises any excess costs incurred, (ii) approve a revised schedule, or (iii) hold Seller in default and terminate this Subcontract or the delayed portion thereof for cause. If Buyer elects to proceed with Seller’s performance of the GoodsWork despite an unexcused delay in performance or delivery, advising among other remedies set forth in this Subcontract, Buyer shall be entitled to any and all costs it incurs as a result of Seller’s delayed performance or delivery. If Buyer elects to terminate this Subcontract or the delayed portion thereof due to an unexcused delay in performance or delivery, in addition to all other remedies set forth in this Subcontract and/or available at law, Buyer beforehand shall be entitled to any excess costs arising from Buyer’s re-procurement or self-performance of the particulars of such proposed storage and the Work.
(d) Unless authorized in writing by ▇▇▇▇▇’s Authorized Representative, Seller shall also ensure that not deliver Work to Buyer prior to the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the scheduled delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other of the Seller's customers.Subcontract.
Appears in 1 contract
Sources: Terms and Conditions
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply(a) Prior to the Effective Time, delivery the Company shall appoint a Person authorized to act as exchange agent in connection with the transactions contemplated by Section 3.01, which Person shall be understood selected by the Company and be reasonably acceptable to occur SPAC (provided that Continental Stock Transfer & Trust Company and American Stock Transfer & Trust Company, LLC shall be deemed to be reasonably acceptable to SPAC) (the “Exchange Agent”) and enter into an exchange agent agreement reasonably acceptable to the Company and SPAC with the Exchange Agent (the “Exchange Agent Agreement”) for the purpose of exchanging, upon the terms and subject to the conditions set forth in this Agreement, (i) each SPAC Class A Share on the register of shareholders of SPAC as of immediately prior to the Effective Time for the SPAC Shares Merger Consideration issuable in respect of such SPAC Class A Shares and (ii) each SPAC Warrant on the register of warrants of SPAC as of immediately prior to the Effective Time for the SPAC Warrant Merger Consideration issuable in respect of such SPAC Warrants. At least two Business Days prior to the Closing, the Company and SPAC shall direct the Exchange Agent to, at the moment unloading has finished taking place at Effective Time, exchange each such SPAC Class A Share and SPAC Warrant for the location designated by Buyerapplicable Merger Consideration pursuant to the Exchange Agent Agreement and perform the Exchange Agent’s other obligations thereunder.
5.2 Time (b) All Company Ordinary Shares delivered upon the exchange of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety SPAC Class A Shares in accordance with the Agreement at terms of this Article III shall be deemed to have been exchanged in full satisfaction of all rights pertaining to the location designated securities represented by Buyersuch SPAC Class A Shares and there shall be no further registration of transfers on the register of shareholders of SPAC of the SPAC Class A Shares. From and after the Effective Time, holders of SPAC Class A Shares shall cease to have any rights as shareholders of SPAC, except the right to receive Company Ordinary Shares in exchange therefor, as provided in this Agreement. All Company Warrants delivered upon the exchange of SPAC Warrants in accordance with the terms of this Article III shall be deemed to have been exchanged in full satisfaction of all rights pertaining to the securities represented by such SPAC Warrants and there shall be no further registration of transfers on the register of warrant holders of SPAC of the SPAC Warrants. From and after the Effective Time, holders of SPAC Warrants shall cease to have any rights as warrant holders of SPAC, except the right to receive Company Warrants in exchange therefor, as provided in this Agreement.
5.9 The Seller (c) No interest will be paid or accrued on the Merger Consideration to be issued pursuant to this Article III (or any portion thereof). From and after the Effective Time, until surrendered or transferred, as applicable, in accordance with this Section 3.03, each SPAC Class A Share shall provide Buyer a current material safety data sheet (“MSDS”) for solely represent the right to receive the SPAC Shares Merger Consideration to which such SPAC Class A Share is entitled to receive pursuant to this Agreement, and each Good supplied SPAC Warrant shall solely represent the right to Buyer under receive the Agreement on an annual basis or sooner in the event SPAC Warrant Merger Consideration to which such document has been modifiedSPAC Warrant entitled to receive pursuant to this Agreement.
5.10 If (d) Notwithstanding anything to the Seller is contrary in this Agreement, none of the position Parties or the Surviving Company or the Exchange Agent shall be liable to any Person for any amount properly paid to a public official pursuant to any applicable abandoned property, escheat or similar applicable Law. Any portion of being able the Merger Consideration remaining unclaimed by SPAC Shareholders or holders of SPAC Warrants immediately prior to supply some but not all of its customerssuch time when the amounts would otherwise escheat to, or become property of, any Governmental Authority shall become, to the extent permitted by applicable Law, the Buyer shall be given priority over all other property of the Seller's customersCompany free and clear of any claims or interest of any Person previously entitled thereto.
Appears in 1 contract
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply, delivery shall (a) Time will not be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence under thisContract.
(b) Unless stated otherwise in Nepean’s quotation, all Goods are supplied ex- works at the place of manufacture and delivery to a carrier's vehicle, including loading, shall start constitute delivery by Nepean to run from the date Purchaser. No allowance has been made in the Price for transport, insurance or unloading costs. Where the Purchaser requests delivery other than ex- works Nepean, at its sole discretion, may agree to act as agent for the Purchaser to effect such delivery and all costs of acceptance carriage and insurance in relation thereto will be to the Purchaser's account. In any event the Purchaser shall ensure provision of reasonable access to the point of delivery and for off-loading and/or handling without delay.
(c) Nepean reserves the right, in its sole discretion to make partial deliveries of any Goods and to invoice such partial deliveries separately to the Purchaser in accordance with clause 6 of these Terms and Conditions.
(d) Unless otherwise expressly agreed in writing by Nepean, all delivery dates provided by Nepean are approximate only and although every reasonable effort will be made by Nepean to deliver Goods by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Servicesestimated delivery date, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered failure by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇ to deliver the Goods by any particular date will not entitle the Purchaser to cancel the Contract or void any of these terms of this Contract or entitle the Purchaser to claim any compensation whatsoever (including liquidated or unliquidated damages) from Nepean for latedelivery.
(e) Where ▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When ▇ agrees in writing to guarantee a delivery date, Nepean will not be liable for failure to fulfil or for delays in delivering the Goods are invoiced by the Seller but shipped where delivery is prevented, delayed or hindered by a third partyforce majeure event, any act or omission or direction of the Purchaser, the invoice shall bear Purchaser’s employees, agents or contractors or where Nepean is delayed by any other cause beyond Nepean’s reasonable control.
(f) All delivery dates are dependent upon the name timely receipt of the shipper Purchaser’s written order, all necessary particulars or details required for production and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill payment of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety any progress claims strictly in accordance with the Agreement at the location designated by Buyerthis Contract.
5.9 The Seller (g) If after a period of 14 days from the date Nepean notifies the Purchaser that Goods are ready for delivery and delivery of such Goods is delayed for any reason beyond Nepean’s reasonable control Nepean shall provide Buyer be entitled, at its sole discretion, to arrange for suitable storage of such Goods at its premises or elsewhere and Nepean shall take reasonable measures to protect the Purchaser's interest in such Goods. To the extentpermitted by law, the Purchasershallpayallreasonable costs of such storage together with all reasonable costs of insurance, demurrage, handling and other contingent charges as a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under result of the Agreement on an annual basis or sooner in storage and delivery of the event such document has been modifiedGoods.
5.10 If (h) In addition to sub clause (g) above, if Goods are in whole or in part ready for delivery and if delivery of such Goods is delayed by reason of instructions given, or lack of instructions by the Seller is in the position Purchaser, or any other delay outside of being able to supply some but not all of its customersNepean’s reasonable control, the Buyer then Nepean shall be given priority over all other of the Seller's customersentitled to invoice and payment for those Goods in accordance with clause 6(d).
Appears in 1 contract
Sources: Terms and Conditions
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply4.1 Before shipment, delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises testing and inspection of the GoodsProducts at the Designated Location. PCH shall have no liability for any claim in respect of any defect in the Products which is made after shipping or in respect of any damage during transit. In the event of a non-conformity, advising at PCH’s sole discretion PCH may repair, replace, and/or credit the non-conforming Product. In the event of such repair or replacement, Buyer beforehand agrees to follow all of PCH’s procedures and to bear the costs of returning the product to PCH. The Buyer shall be responsible for complying with any legislation or regulation governing the importation of the particulars Products into the country of such proposed storage destination and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance coverpaying any duties on them.
5.6 If 4.2 Buyer acknowledges that PCH’s ability to deliver the Order or any part of the Order is subject to PCH’s own suppliers being in a position to deliver to PCH. Buyer acknowledges that in times of high demand for Products and similar products to the Products, PCH may not be able to make delivery is made before of the Order or part of the Order within the anticipated or communicated timeframe. PCH will endeavor to provide Buyer with weekly updates with regard to the ability to deliver the Order or any part of the Order. Buyer acknowledges that in the event it becomes apparent to PCH that it will not be in a position to fulfill the Order or any part of the Order PCH may cancel the Order or any part of the Order and will be under no obligation to deliver the Order or any such part of the Order. PCH will have no liability in regard to its failure to deliver the Order or any part of the Order.
4.3 Dates quoted for delivery date of the Products are approximate only and PCH shall not be liable for any delay in delivery, however caused. Time for delivery shall not be of the essence unless previously agreed by PCH in writing.
4.4 PCH will deliver the Products to the address specified in the Purchase Order, unless otherwise agreed. Delivery shall occur upon physical delivery of the Products to the Buyer or its carrier, on upon withdrawal or collection from the Designated Location.
4.5 If the Buyer fails to take delivery of the Products or fails to give PCH adequate delivery instructions at the time stated for delivery then, without prejudice to any other right or remedy available to PCH, PCH may return at its sole discretion store the Goods Products until actual delivery and charge Buyer for the reasonable costs including, but not limited to, insurance, storage and finance fee. If Products are not collected within 7 days from the initial delivery date, PCH may at its sole discretion: (a) sell the Products at the best price readily obtainable and (after) deducting all reasonable storage and selling expenses) account to the Seller Buyer for the excess over the price under the Terms or charge the Buyer for any shortfall below the price under the Terms or (b) arrange delivery of the Products to the Buyer at the Seller's risk Buyer’s expense and expense.
5.7 Each delivery must be accompanied by details of as the exact quantity and description of the Goods and/or the Services performedBuyer’s agent. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email PCH, at its sole discretion, may agree to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked arrange for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should Products to be sent on .pdf form transported to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third partysome place other than its own designated location for delivery, the invoice shall bear the name of the shipper and the point from in which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the case Buyer shall be given priority over all other of liable for the Seller's customersentire expenses and costs incurred by PCH.
Appears in 1 contract
Sources: Purchase Order
Delivery. 5.1 Delivery takes place on agreed ICC INCOTERMS. If no INCOTERMS apply3.1 Any time or date specified for delivery by Syrex or the Buyer, delivery in respect of any sale of Product, shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyeran approximation and a guide only.
5.2 Time of 3.2 If Syrex is unable to effect delivery of the Goods and of performance any part of the Services is of the essence and shall start to run from Products on the date of acceptance or time stipulated by the Seller of the Purchase Order it or the date on which the Seller is placed in possession of such information and drawings as may be necessary to enable him to start work on the Goods or the Services, whichever may be the later.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller shall be responsible for arranging suitable storage at suitable premises of the Goods, advising the Buyer beforehand of the particulars of such proposed storage and the Seller shall also ensure that the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Order, the Buyer may return the Goods to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is in the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other obliged to take delivery as and when Syrex can reasonably affect such delivery.
3.3 Syrex endeavours to effect delivery on any date specified by it or agreed upon by it, but does not give any warranties of whatsoever nature or kind and it shall not be held responsible for any damages of whatsoever nature, or loss of profit, or any consequential or indirect damages which the Buyer may suffer as a result of such later delivery.
3.4 Syrex is entitled to charge storage costs where the Buyer requests Syrex to withhold or postpone delivery of Products. The Buyer undertakes to pay prior to taking delivery.
3.5 The risk in and to the Products purchased shall pass to the Buyer upon delivery. Such delivery will be deemed to have been effected upon tender of the Seller's customersProducts for acceptance by the Buyer within normal business hours, at the Buyers place of business or such other place nominated by the Buyer, or Syrex’s place of business, if the Buyer elects to collect the Products.
3.6 Unless the Buyer gives timeous notice of the partial delivery, the Buyer shall be deemed to have received the Products as set out in the delivery note and relevant invoices.
3.7 No carrier, as agent of Syrex, shall be obliged to enter the premises of the Buyer to enable offloading to be effected. However, if such vehicle should enter the Buyer’s premises, it shall be deemed to do so at the Buyer’s specific instance and request, and in that Syrex and/or agents shall accept no liability for damage or loss occasioned to the Buyer or any third party, arising in any way from such entry or for that matter, exiting from the Buyer’s premises, or from the offloading thereof, or from any negligent act or omission of Syrex of its agent carrier during the course of entering, exiting or offloading. Further, the Buyer hereby indemnifies and holds Syrex harmless against liability for any such damage or loss.
Appears in 1 contract
Sources: Terms and Conditions of Sale
Delivery. 5.1 3.1 Delivery is deemed to have taken place when the Purchaser personally or through its appointed delivery agent takes place on agreed ICC INCOTERMSpossession of the goods at the Seller’s premises. The Seller will notify the Purchaser when the goods are ready for collection. If no INCOTERMS apply, the Purchaser fails to take delivery shall be understood to occur at the moment unloading has finished taking place at the location designated by Buyer.
5.2 Time of delivery of the Goods and of performance of the Services is of the essence and shall start to run within 3 business days from the date of acceptance by the Seller of the Purchase Order or the date on which the Seller is placed in possession notifies it that the goods are ready for collection, the risk of such information loss or damage to the goods shall immediately pass to the Purchaser who shall refund to the Seller on demand the reasonable costs (including storage, transport and drawings as may be necessary to enable him to start work on insurance) of moving the Goods or goods and storing them during the Services, whichever may be period of the laterdelay.
5.3 Exceeding the completion deadlines for the execution of the Services or delivery dates of the Goods shall automatically result in the application of a penalty equal to 1% of the total amount of the Purchase Order per working day of delay, capped at 10% of the total amount of the Purchase Order. This penalty may not under any circumstances be considered as a waiver of the right to terminate the Purchase Order according to art.14.2 or to claim additional compensation for any loss suffered by the Buyer.
5.4 Delivery of Goods in instalments shall be permitted only with the consent of the Buyer and such permission, if given, shall not entitle the Seller to claim payment prior to completion of the Agreement unless the Buyer has agreed in writing.
5.5 If the Buyer is not able to accept delivery of the Goods or installation of the Goods when due, the Seller 3.2 The Purchaser shall be responsible for arranging suitable storage at suitable premises the removal and transportation of the Goods, advising goods from the Buyer beforehand Seller’s premises and the offloading of the particulars goods at the Purchaser’s premises and shall bear all costs associated therewith.
3.3 All delivery agents are deemed to be acting as agents of the Purchaser and risk of loss or damage passes to the Purchaser once the goods are in the possession or control of such proposed storage and delivery agents.
3.4 Agreed dates of delivery are approximate dates only. Whilst the Seller shall also ensure that use its reasonable endeavours to effect delivery on the Goods and the premises in which they are stored are properly insured against all the usual risks and notify the Buyer of such insurance cover.
5.6 If delivery is made before the delivery date specified in the Purchase Orderagreed date, the Buyer may return Seller reserves the Goods right to defer the date of delivery or to cancel the contract or reduce the volume of goods ordered by the Purchaser (without liability to the Seller at the Seller's risk and expense.
5.7 Each delivery must be accompanied by details of the exact quantity and description of the Goods and/or the Services performed. Shipping documents stating the relevant Purchase Order number for each shipment must be sent by regular mail or email to the plant or office which issued the Purchase Order on the day on which the shipment is made, marked for the attention of the logistic/receiving office. Invoices stating the relevant Purchase Order number should be sent on .pdf form to ▇▇▇▇▇▇▇▇▇▇▇▇@▇▇▇▇▇▇.▇▇▇. When Goods are invoiced by the Seller but shipped by a third party, the invoice shall bear the name of the shipper and the point from which the delivery originated. If shipment is not delivered to the allnex premises, the original bill of lading must be furnished with the invoice(s).
5.8 Delivery is completed only Purchaser) if the agreed Goods or Services are delivered in their entirety in accordance with the Agreement at the location designated by Buyer.
5.9 The Seller shall provide Buyer a current material safety data sheet (“MSDS”) for each Good supplied to Buyer under the Agreement on an annual basis or sooner in the event such document has been modified.
5.10 If the Seller is prevented from or delayed in performing under this agreement due to circumstances outside the position of being able to supply some but not all of its customers, the Buyer shall be given priority over all other reasonable control of the Seller's customers, including but not limited to acts of God, government actions, war or national emergency, acts of terrorism, protests, riot, civil commotion, fire, explosion, flood, drought, lockouts, strikes or other labour disputes or delays affecting carriers or inability or delay in obtaining supplies of products. In the event of such a delay or failure to effect delivery the Seller shall not be liable to the Purchaser for any loss, damage or expense arising from such delay or failure.
Appears in 1 contract
Sources: Conditions of Sale