Orders and Delivery Clause Samples

Orders and Delivery. Rockford may remove the Products from Path's inventory at Rockford's warehouses and deliver the Products to Rockford's Dealers upon

Orders and Delivery. 7.1 The Post Office will from time to time, please written orders by way of the Purchase Orders with the Service Provider in respect of Goods. 7.2 The Service Provider shall deliver the Goods on the date that is reflected as the Delivery Date on the Purchase Order. Should the Service Provider be unable to deliver the Goods on the Delivery Date, the Service Provider shall inform the Post Office of its inability to deliver and provide the Post Office with an alternative “Delivery Date”. 7.3 In the event that the Service Provider is unable to deliver the Goods, three time in a rolling period of 6 [six] months, the Post Office shall be entitled to terminate this Agreement on notice to the Service Provider. 7.4 Upon delivery of the Goods by the Service Provider, a representative of the Post Office shall sign the delivery document provided by the Service Provider as acknowledgement of receipt, and not as acceptance that the Goods were received in good condition and/or of any terms and conditions of the delivery document. In the event of any conflict in the terms and conditions of this Agreement and a delivery note issued by the Service Provider, this Agreement will take precedence. 7.5 With 7 [seven] days after receipt of the Goods by the Service Provider, the representative of the Post Office shall verify that the Goods were received in accordance with the Purchase Order and without any defect. If there are any defect the Post Office shall advise the Service Provider of the defect in writing, failing which, the Service Provider can assume that the Goods were received in good condition. In the event that the Goods are defective and such defect could not have been detected by a visual inspection by the Post Office, the Service Provider will replace the Goods, notwithstanding that the 7 [seven] day period has elapsed. 7.6 Risk and ownership in the Goods will pass to the Post Office on payment.

Orders and Delivery. WYETH shall place its firm orders for Product with ▇▇▇▇▇▇▇▇▇ by submitting a purchase order which sets forth (i) the quantity of Product ordered for delivery; and (ii) the delivery date for that order. Any such order which is in accordance with the forecast set forth in Section 4.1(b) shall be deemed to be accepted by ▇▇▇▇▇▇▇▇▇. For all other orders placed by WYETH, unless ▇▇▇▇▇▇▇▇▇ notifies WYETH in writing within fifteen (15) days of receipt of a purchase order that it is unable to deliver Product in accordance with such purchase order, ▇▇▇▇▇▇▇▇▇ shall be deemed to have accepted such purchase order as a binding order. If ▇▇▇▇▇▇▇▇▇ notifies WYETH that it is unable to fill such purchase order, it shall indicate the portion of such purchase order ▇▇▇▇▇▇▇▇▇ cannot supply by the requested delivery date and specify alternate delivery dates. WYETH may cancel or modify any firm purchase order (in whole or in part) at any time prior to the delivery for any quantity of Product that ▇▇▇▇▇▇▇▇▇ has not completed Manufacturing pursuant to such purchase order at the time that notice of cancellation is received by ▇▇▇▇▇▇▇▇▇; provided that if ▇▇▇▇▇▇▇▇▇ has commenced but not completed the Manufacture of Product pursuant to such firm purchase order, WYETH shall reimburse ▇▇▇▇▇▇▇▇▇ for [***] of the Material and Labor costs in respect of any works-in-progress pursuant to such cancelled or modified purchase order (or part thereof) at the time notice of cancellation or modification is received by ▇▇▇▇▇▇▇▇▇; and provided, further, that WYETH shall reimburse ▇▇▇▇▇▇▇▇▇ for the cost of any other Material purchased by ▇▇▇▇▇▇▇▇▇ to fill a cancelled or modified purchase order (or part thereof) that are unique to the Product and cannot within a reasonable period of time otherwise be used in ▇▇▇▇▇▇▇▇▇'▇ operations. All Product shall be delivered F.O.B. ▇▇▇▇▇▇▇▇▇'▇ Facility in accordance with WYETH's instructions and title, possession and risk of loss shall pass to WYETH upon delivery of Product to WYETH's designated carrier at ▇▇▇▇▇▇▇▇▇'▇ loading dock. In the event that the Product are not delivered F.O.B. ▇▇▇▇▇▇▇▇▇'▇ Facility on the date specified in the applicable purchase order, ▇▇▇▇▇▇▇▇▇ shall be responsible for any reasonable costs incurred by WYETH as a result of such delay, including, without limitation, any additional costs charged by WYETH's designated carrier.

Orders and Delivery. 4.1 The Purchaser may from time to time place Purchase Orders on the Supplier for the Goods and/or Services. Nothing in this Agreement shall prevent the Purchaser from purchasing the same or similar goods and services from a third party. 4.2 The Purchaser may at any time terminate a PO, or where applicable this Agreement, for convenience if the relevant contract in terms whereof Goods and/or Services are on-sold by the Purchaser to a Customer is terminated, by giving the Supplier 30 (thirty) days’ written notice to such effect, in which event the Purchaser shall be liable to pay only for Goods ordered under Purchase Orders placed prior to the delivery of such notice of termination. 4.3 The Goods to be supplied pursuant to this Agreement shall be delivered by the Supplier DDP Delivered Duty Paid (at the Purchaser’s or the Customer’s premises, Gauteng) on or before the delivery date/s stated in the relevant PO or delivery schedule. Time is of the essence in the performance of the Supplier’s obligations. 4.4 Subject to the Supplier’s strict compliance with this clause 4, the Purchaser shall grant to the Supplier an extension of time if and to the extent that delivery is or will be delayed by the following causes: 4.4.1 Additional Goods and/or Services are ordered under clause 5, or 4.4.2 Any delay, impediment or prevention caused by either force majeure or the Purchaser occurs. 4.5 If the Supplier considers itself entitled to an extension of time, the Supplier shall give notice to the Purchaser describing the event or circumstance giving rise to the requested extension of time (in this clause referred to as the “claim”). The notice shall be given as soon as practicable, and in any event not later than 2 (two) days after the Supplier became aware, or should have become aware, of the event or circumstance. 4.6 Within 7 (seven) days after the Supplier sent the notice referred to in clause 4.5 or within such other period as may be proposed by the Supplier and approved by the Purchaser, the Supplier shall send to the Purchaser a fully detailed claim and revised draft delivery schedule which includes full supporting particulars of the basis and duration of the claim. If the event or circumstance giving rise to the claim has a continuing effect: 4.6.1 this fully detailed claim shall be considered as interim; 4.6.2 the Supplier shall send further interim claims at weekly intervals, giving the accumulated delay, and such further particulars as the Purchaser may reason...

Orders and Delivery. 3.1 The Seller shall not be obliged to accept any Purchase Order and reserves the right to withdraw any Products from its product range or to vary its product range at any time as it thinks fit. Any Purchase Order shall, unless expressly provided otherwise in the Purchase Order, be irrevocable by the Buyer. 3.2 The Seller shall deliver the Products in accordance with the Contract, provided that time for delivery shall not be of the essence. The Buyer shall be responsible to the Seller for ensuring the accuracy of the terms of any Purchase Order. Where the Seller is responsible for delivery to the Buyer’s nominated delivery location, the Seller shall deliver using its nominated hauliers/distributors. The Buyer must ensure that the delivery location that it nominates is reasonably accessible by the large, commercial vehicles that may be used from time to time to deliver the Products and that suitable unloading facilities are available, consistent with good health and safety practices. 3.3 The Buyer is responsible for ensuring that there is a suitable person available to inspect and accept delivery of the Products as delivered on behalf of the Buyer during normal working hours of 9am to 5pm Monday to Friday. If no one is available to accept delivery of the Products upon their delivery, the driver may leave without delivering the Products, in which event the Buyer shall bear all costs and expenses arising from delivery at another time or another date, or leave the Products at the delivery location unattended, at the Buyer’s risk. 3.4 If the Buyer fails to accept delivery of the Products within a reasonable period, and in any event within 48 hours, of the date on which they were first tendered for delivery at the delivery location by the Seller, otherwise than due to a breach by the Seller of its obligations under the Contract, then at the Seller’s option, either: (a) the Products shall be deemed to have been delivered and accepted upon the expiration of such 48 hour period; or (b) the Seller may sell the Products at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) charge the Buyer for any shortfall below the price under the Contract.

Orders and Delivery. 13.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated when We send an email which confirms that your order is complete and has been dispatched and is on its way to you. Only once We have sent you this email will there be a binding contract between The Consumables Company and you. 13.2 Order confirmations under sub-Clause 14.1 shall contain the following information: 13.2.1 Confirmation of the Goods ordered including full details of the main characteristics of those Goods; 13.2.2 Fully itemised pricing for the Goods ordered including, where appropriate, taxes, delivery and other additional charges; 13.2.4 Our contact details. 13.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days. 13.4 All Goods purchased by you will be delivered within 30 calendar days of Our order confirmation unless otherwise agreed or where extraordinary circumstances prevail. 13.5 The risk in the Goods shall remain with Us until they come into your physical possession.

Orders and Delivery. 9.1 Notwithstanding the provisions of clause 1 above, all orders or agreed variations to orders, whether orally or in writing, shall be binding and subject to these Standard Terms and Conditions of Agreement and may not be revoked by the Customer. 9.2 Talisman shall be entitled in its sole discretion to split the delivery / performance of the goods or services ordered in the quantities and on the dates it decides. 9.3 Talisman shall be entitled to invoice each delivery / performance actually made separately.

Orders and Delivery. 3.1 Orders for Goods may be placed with the Company in writing (email, fax or post) or verbally by telephone. No order submitted by the Customer shall be deemed to be accepted by the Company unless and until confirmed by the Company either in writing (email, fax or post) or verbally by telephone. 3.2 The Customer shall be responsible to the Company for ensuring the accuracy of the terms of any order, including all specifications, submitted by the Customer, and for giving the Company any necessary information relating to the Goods or its requirements within a sufficient time to enable the Company to perform this Contract in accordance with its terms. 3.3 The quantity, quality, description of and any specifications for the Goods shall be those set out in the Company’s quotation or the Customer’s order (if accepted by the Company). 3.4 The Company shall be deemed to have delivered the Goods, and the Customer shall be deemed to have accepted delivery of the Goods, on the date that the Customer is notified that delivery has been made unless a written dispute is raised with the Company within 14 days of notification. 3.5 No order which has been accepted by the Company may be cancelled by the Customer without the agreement in writing of the Company and subject to the Customer indemnifying the Company in full against all loss (including loss of profit), damages, charges, and expenses (including for the avoidance of doubt any delivery charges) incurred by the Company as a result of such cancellation. 3.6 Following receipt of an order for Goods, the Company may from time to time provide the Customer with details of other Goods which it believes may be of interest to the Customer. If the Customer does not wish to receive such communications it should notify the Company in writing.

Orders and Delivery. Nortel Networks will specify the order process to be used in each VSHA. When Nortel Networks wishes to order Products, Nortel Networks will issue either a Blanket Purchase Order or discrete Conventional Purchase Orders for each Product to Flextronics, as further specified in the VSHA. In cases where Nortel Networks issues a Blanket Purchase Order for a Product, delivery of such Products may be initiated in several ways: a Demand Pull Order via EDI or via the internet, facsimile, or paper; a Kanban Trigger; or through an Online System Order arising by virtue of access by Flextronics to a Nortel Networks’ information system. If Nortel Networks issues a Conventional Purchase Order or Demand Pull Order electronically, such transaction shall be carried out in accordance with the provisions set forth in Section 17 and the terms and conditions of this Agreement applicable to notices specified in Section 26.6 shall apply. For each Conventional Purchase Order or Demand Pull Order issued under a Blanket Purchase Order, Flextronics shall comply with response times and flexibility provisions specified in the Virtual Systems House Agreement. In those instances when Nortel Networks issues a Blanket Purchase Order for a Product, Nortel Networks may signal for delivery of the Product against the Blanket Purchase Order by providing to Flextronics access to a Nortel Networks system from which Flextronics will pull the delivery information, in accordance with Exhibit 14.