Order and Delivery Clause Samples
The 'Order and Delivery' clause defines the procedures and obligations related to placing orders for goods or services and the subsequent delivery process. It typically outlines how orders must be submitted, accepted, and scheduled, as well as the responsibilities of each party regarding shipping, delivery timelines, and handling of goods upon arrival. This clause ensures that both parties have a clear understanding of how and when products or services will be provided, reducing the risk of disputes over timing, fulfillment, or logistics.
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Order and Delivery. 4.1 The order from BUYER to SUPPLIER for the purchase of any of products (“Order”) shall be given by BUYER in writing from time to time. All purchase orders submitted by BUYER to SUPPLIER shall be acknowledged by SUPPLIER by returning a Proforma Invoice matching the Purchase Order via fax or email to BUYER within seven (7) working days after receipt and upon delivery of such Proforma Invoice shall become binding upon SUPPLIER. No Order shall be binding upon SUPPLIER unless and until it has been accepted and confirmed in writing by delivery of a Proforma Invoice by SUPPLIER. SUPPLIER may refuse to accept any Order only if BUYER is in violation of Paragraph 4.5 below and SUPPLIER shall not be liable to BUYER in respect of any such refusal If SUPPLIER. refuses to accept any Order placed by BUYER hereunder, BUYER shall then be permitted to purchase the Products covered by such Order from any third party. Except as otherwise provided herein, no firm Order shall be cancelled or adjusted by either party without the written consent of the other party.
4.2 In the event of any conflict between this Agreement and any provision, term or condition set forth on any purchase order, acknowledgment, invoice or other document or communication or any provision, term or condition set forth on any purchase order, acknowledgment, invoice or other document or communication attempts to add, amend, modify or replace the terms and conditions of this Agreement with any different or additional terms or conditions, the provisions of this Agreement shall prevail.
4.3 Upon receipt of a purchase order from BUYER, SUPPLIER shall notify BUYER of the delivery date for the Products. If the delivery date notified by SUPPLIER is not acceptable or delivery of the Products to the common carrier is delayed [15] days or more past such date, BUYER may cancel the order for such Products by written notice to SUPPLIER and SUPPLIER and BUYER shall not be liable to the other party in respect of any such cancel. SUPPLIER shall maintain sufficient manufacturing capabilities for supplying the Products to BUYER and shall supply BUYER with those Products described in any purchase order which BUYER may issue from time to time.
4.4 SUPPLIER shall make its best endeavors to fulfill firm Orders for the supply of Products with all reasonable dispatch but SUPPLIER shall not be liable in any way for any loss of trade or profit suffered by BUYER in the event of delivery of Products being restricted, frustrated or de...
Order and Delivery. The Contract shall bind the Contractor to furnish and deliver the Work in accordance with all applicable Final Exhibits.
Order and Delivery. The Contract shall bind the Contractor to furnish and deliver the Goods or Services in accordance with Exhibit A and at the prices set forth in Exhibit B. Subject to the sections in this Contract concerning Force Majeure, Termination and Open Market Purchases, the Contract shall bind the Client Agency to order the Goods or Services from the Contractor, and to pay for the accepted Goods or Services in accordance with Exhibit B.
Order and Delivery. 7.1 Each order under this Agreement will reference this Agreement on the applicable Order Schedule. MSC reserves the right, in its sole discretion, to accept or reject any order.
7.2 MSC reserves the right to deliver the Software either by making it available to Customer for electronic download or by physical delivery. Where the Software is made available to Customer for electronic download, MSC is under no further delivery obligation under this Agreement, whether physical or otherwise. For electronic delivery, the delivery date shall be when the Software is made available to Customer electronically.
7.3 Where physical shipment is made, MSC shall ship (or cause to be shipped) to the physical delivery address set forth in the Agreement one copy of the Software media (in the form generally available) for each Software licensed under the Agreement. Delivery terms are f.c.a. (free carrier, Incoterms 2000) Munich, or F.O.B. Shipping Point if the shipment is made from the United States. Unless otherwise agreed to in writing by the parties, MSC will determine the method of shipment. Additional media and shipping and handling fee may apply to physical shipments.
Order and Delivery. 7.1 MSC reserves the right, in its sole discretion, to accept or reject any Customer order.
7.2 MSC reserves the right to deliver the Software and Documentation either by making them available to Customer electronically or by physical delivery. Where the Software and Documentation are made available to Customer electronically, (e.g., made available for electronic download), MSC is under no further delivery obligation under the Order Schedule, whether physical or otherwise. For electronic delivery, the delivery date shall be when the Software is made available to Customer electronically.
7.3 Where physical shipment is made, MSC shall ship (or cause to be shipped) to the physical delivery address set forth in the Order Schedule one copy of the Software media (including as applicable the accompanying Documentation, if any, in electronic form, or other form made generally made available by MSC) for each Software licensed under the Order Schedule. Delivery terms are F.O.B.
Order and Delivery. The Contract shall bind the Contractor to furnish and deliver the Goods or Services in accordance with Exhibit A and at the prices set forth in Exhibit B. Subject to the sections in this Contract concerning Force Majeure, Termination and Open Market Purchases, the Contract shall bind the Agency to order the Goods or Services from the Contractor, and to pay for the accepted Goods or Services in accordance with Exhibit B. No amendment to or modification or other alteration of the Contract shall be valid or binding upon the parties unless made in writing, signed by the parties and, if applicable, approved by the Connecticut Attorney General.
Order and Delivery. The Contractor shall Perform in accordance with Exhibit A and at the prices set forth in Exhibit B. Except as it may otherwise be set forth in Exhibit A or B, as applicable, the Contractor shall deliver the Goods F.O.B. wherever specified by the Client Agency in its Purchase Order or in another communication to Contractor. Subject to the Sections in this Contract concerning Force Majeure, Termination and Open Market Purchases, this Contract shall bind the Client Agency to order the Deliverables from the Contractor, and to pay for the accepted Deliverables in accordance with Exhibit B.
Order and Delivery. Orders will be placed online through the service providers app. Orders must be placed and can be amended up to xx hours before delivery. Lunches will be delivered to insert school name before 8.00am daily.
Order and Delivery. The Supplier shall provide an effective ordering facility to enable Contracting Authorities to submit orders for Goods and/or Services. The Supplier shall provide a physical delivery service to Contracting Authorities for any Goods and/or Services ordered by Contracting Authorities.
Order and Delivery. 7.1 Each Customer order under this Agreement will reference this Agreement on the applicable Order Schedule. MSC reserves the right, in its sole discretion, to accept or reject any order.
7.2 MSC (or Reseller, as applicable) reserve the right to deliver the Software and Documentation either by making them available to Customer for electronic download or by physical delivery. Where the Software and Documentation are made available to Customer for electronic download, MSC (and Reseller, as applicable) are under no further delivery obligation under the Order Schedule, whether physical or otherwise. For electronic delivery, the delivery date shall be when the Software is made available to Customer electronically.
7.3 Where physical shipment is made, MSC or Reseller shall ship (or cause to be shipped) to the delivery address set forth or referenced in the Order Schedule one copy of the Software media and one set of Documentation, if any (in the form generally available) for Software licensed under the Order Schedule. Delivery terms are F.O.B. Shipping Point. Unless otherwise agreed to in writing by the parties, MSC (or Reseller, as applicable) will determine the method of shipment. An additional shipping and handling fee may apply to physical shipments.
7.4 Customer shall look exclusively to Reseller for the delivery of any Software, Documentation and Maintenance (including any subsequent releases, and the provision of technical support) ordered through a Reseller. For orders through Resellers, MSC reserves the right (but has no obligation) to deliver or make available Software, Documentation or Maintenance directly to Customer.