Order and Shipment Clause Samples
Order and Shipment. 6.1 [ORDER] In the Distributor's placing purchase orders for the Products with the Principal, the Distributor shall clearly describe the Products and quantity required, price, delivery time, packing, invoicing and shipping conditions, etc.
6.2 [ACCEPTANCE] Any purchase order placed by the Distributor shall not be binding any parties unless and until it is accepted by the Principal at its discretion.
6.3 [TIME TO ORDER & ACCEPTANCE] The Distributor shall place the order not less than three (3) months prior to the first shipment date written on such order and the Principal shall give the Distributor written notice of acceptance or refusal of such order placed by the Distributor within two (2) weeks from the date of receipt of such order.
6.4 [ORDER FORECAST] Before three (3) months prior to the end of the each calendar year during the term of this Agreement, the Distributor shall provide the Principal with an annual forecast covering coming twelve (12) months.
6.5 [ORDER CANCELLATION] In case the Distributor cancels the Individual Contract, the Distributor shall compensate the Principal's damages relating to the Products already made or in manufacturing process in accordance with such order including any and all costs and expenses and expected profits of the Principal.
Order and Shipment. 5.01 ORDERS. All purchase orders for the Products placed by Distributor with Manufacturer shall be subject to the provisions of this Agreement. Any provision of any "special" order that is inconsistent with this Agreement or that may seek to impose any additional obligations upon Manufacturer shall be null and void unless approved in writing by both parties. Manufacturer will endeavor, so far as it may be practicable for it to do so, to fill such orders, but shall be under no liability to Distributor for any omission to do so, irrespective of the reason, nor shall any partial shipment or shipments against any order impose any liability upon Manufacturer with respect to the undelivered balance of any order.
Order and Shipment. Customer will order Product by sending the Company a complete Order, in a form acceptable to the Company. The Company may reject an Order for any reason. The Company will not be bound by any terms or conditions set forth in any Order, Company hereby objects to any such terms or conditions in an Order submitted by the Customer, and Customer agrees that these Terms and Conditions shall prevail should any conflicting terms and conditions be stated in a Customer’s Order. Delivery will be made in accordance with the Company’s shipping policy in effect on the date of shipment. Unless otherwise agreed in writing, all shipments of Product hereunder will be FOB point of shipment. Insurance coverage, transportation costs and all other expenses applicable to shipment from the Company to Customer’s identified place of delivery will be at Customer’s sole expense unless otherwise agreed to in writing by the Company.
Order and Shipment. KDK shall make all purchases of Product by placing firm orders with Biosite. Such purchase orders shall be in writing and in a form reasonably acceptable to Biosite. Purchase orders shall not be binding upon Biosite unless and until accepted by Biosite. Biosite shall notify KDK in writing of its acceptance of purchase orders and of the scheduled deliver therefor within [CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION] after receipt of firm orders. Biosite shall use commercially reasonable efforts to deliver the Product within [CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION] after receipt of firm orders. The Product shall be packed in such manner as to ensure safe and undamaged delivery. The Testing Device shall be delivered FCA San Diego Facilities Incoterms 1990. The Reader shall be delivered FOB Munich Airport, Frankfurt Airport or Hamburg Seaport Incoterms 1990. The Product shall be shipped to KDK's facility located at Kyoto, Japan or such other location as designated in advance in writing by KDK. Biosite shall make its best effort to accept any reasonable orders for the Product placed by KDK. [CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION]
Order and Shipment. KDK shall make all purchases of Product by placing firm orders with Biosite. Such purchase orders shall be in writing and in a form reasonably acceptable to Biosite. Purchase orders shall not be binding upon Biosite unless and until accepted by Biosite. Biosite shall notify KDK in writing of its acceptance of purchase orders and of the scheduled deliver therefor within two weeks after receipt of firm orders. Biosite shall use commercially reasonable efforts to deliver the Product within three (3) months after receipt of firm orders. The Product shall be packed in such manner as to ensure safe and undamaged delivery. The Testing Device shall be delivered FCA San Diego Facilities Incoterms 1990. The Reader shall be delivered FOB Munich Airport, Frankfurt Airport or Hamburg Seaport Incoterms 1990. The Product shall be shipped to KDK's facility located at Kyoto, Japan or such other location as designated in advance in writing by KDK. Biosite shall make its best effort to accept any reasonable orders for the Product placed by KDK. In the event that Biosite decides to discontinue the manufacture of the Product, upon KDK's request the parties shall negotiate, in good faith, a contract under which Biosite transfers or licenses KDK with the Patent Rights and any other proprietary information necessary for KDK tomanufacture the Product in the Territory.
Order and Shipment. 6.1 Orders. CLIENT will place a Purchase Order (PO) for completed products with D&K, along with a requested Product delivery schedule. CLIENT and D&K will work together to ensure that this PO is placed sufficiently in advance of the requested Product delivery schedule to enable D&K to order the necessary material to comply with the PO and Product Delivery Schedule. This PO and Product delivery schedule will be binding and document CLIENT’s financial obligation to D&K to cover the material that D&K places on order with suppliers and all Manufacturing Charges (scrap, freight, labor, manufacturing overhead, S,G&A and profit). D&K shall make CLIENT aware of this financial burden per Section 7.3 below. Each PO will include: (i) unit quantity; (ii) unit price; (iii) shipping destination; (iv) Ship Date; and (v) other instructions or requirements pertinent to the PO. All Orders received prior to the Lead Time shall be filled by D&K according to the terms of the PO. To the extent of any inconsistency between the terms of a PO and the terms of this Agreement, the terms specified in this Agreement shall control and take precedence. CLIENT may increase the quantity of Product in a batch order or accelerate order date of such batches set forth in Exhibit C so long as CLIENT pays for such orders in advance and order is placed according to material lead times. CLIENT may designate certain units to be shipped to destinations outside of the United States. In such case, D&K shall manufacture the designated units to meet the equivalent foreign requirements provided CLIENT has had said units certified to be compliant with regulatory requirements in the destination countries.
Order and Shipment. Customer will order Products by sending the Company a complete purchase order, in a form acceptable by the Company. The Company may reject the Purchase Order for any reason. The Company will not be bound by any terms and conditions set forth in Customer’s purchase orders, unless previously agreed to in writing. Unless otherwise agreed in writing, delivery will be made in accordance with the Company’s shipping policy on the date of shipment. All shipments of Products by the Company or Customer will be FOB point of shipment. Insurance coverage, transportation costs and all other expenses applicable to shipment from the Company to Customer’s identified delivery place will be the responsibility of the Customer. Customer must notify the Company, by calling the Company within three (3) days after delivery, of any claimed shortages or rejections and the Company must receive a notice in writing from Customer via mail or facsimile within five (5) days of the claim. Failure to give such notice of a claim will be deemed an acceptance in full of any such delivery. Approval of any short shipment claim is in the Company’s sole power and discretion. In the event that the Company grants a short shipment claim, the Company will replace the lost or damaged Product or issue a credit memo, in its sole discretion. In the event that the Company does not approve the claim, Customer will pay the total invoice.
Order and Shipment a. All purchase orders for the PRODUCTS placed by DISTRIBUTOR with MANUFACTURER shall be subject to the provisions of this Agreement. Any provision of any such order that is inconsistent with this Agreement or that may seek to impose any additional obligations upon MANUFACTURER shall be null and void unless approved in writing by both parties. MANUFACTURER will endeavor, so far as it may be practicable for it to do so, to fill such orders, but shall be under no liability to DISTRIBUTOR for any omission to do so, irrespective of the reason, nor shall any partial shipment or shipments against any order impose any liability upon MANUFACTURER with respect to the undelivered balance of any such order.
b. All sales made under this Agreement shall be in accordance with and interpreted MANUFACTURER's under Malaysia law. c. MANUFACTURER shall not be responsible or liable for any loss, damage detention, or delay caused by fire, strike, civil or military authority, governmental restrictions or controls, insurrection or riot, railroad, marine or air embargoes, lockout, tempest, accident, breakdown of machinery, yield problems, delay in delivery of materials by other parties, or any cause which is unavoidable or beyond its reasonable control; nor in any event for consequential damages.
Order and Shipment
Order and Shipment