Common use of Orders and Shipment Clause in Contracts

Orders and Shipment. 3.1. Acceptance of Customer proposed changes to a Confirmed Purchase Order shall be at Repligen’s sole discretion. Confirmed Purchase Orders may not be cancelled, and delivery times may not be delayed more than thirty (30) days. Products may be returned only for warranty related issues and only with the express prior written authorization of Repligen. Custom Products are not returnable. Orders are not assignable or transferable, in whole or in part, without the express prior written consent of Repligen. 3.2. Repligen will use reasonable efforts to ship Products or perform Services in accordance with the requested delivery date indicated on Customer’s purchase order; however, such dates are estimates only and are non- binding. Repligen shall not be liable for any losses or damages arising out of delays in delivery or performance. 3.3. Shipment of all Products from and within the United States will be FCA origin (Incoterms 2020) or as set forth in the applicable Confirmed Purchase Order. Shipment of all Products from and within Europe and the United Kingdom will be FCA Breda (Incoterms 2020) or as set forth in the applicable Confirmed Purchase Order. Delivery of Products to the carrier will be deemed satisfactory delivery, and title and risk of loss of Products will pass to Customer upon placement with the carrier. All shipment costs will be paid by Customer. Shipment will be by air freight unless otherwise mutually agreed. Products shipped with dry ice are subject to a handling charge, which is prepaid by Repligen and added to the invoice. Customer shall provide Customer’s customs broker information to Repligen prior to shipment. In the event Customer does not have a customs broker, Repligen may, in its discretion, assist Customer with identifying a customs broker to advance clearance of the shipment through customs, but shall have no liability related to the identification of or performance by such customs brokers. 3.4. Unless otherwise agreed to by the parties that a “Complete Shipment” is required, Repligen may, in its sole discretion, without liability or penalty, make partial shipments of Product to Customer. Each shipment will constitute a separate sale, and Customer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Customer's purchase order.

Orders and Shipment. 3.1. Acceptance of Customer proposed changes to a Confirmed Purchase Order Orders shall be at Repligen’s sole discretion. Confirmed Purchase Orders may not be cancelled, and delivery times may not be delayed more than thirty (30) days. Products may be returned only for warranty related issues and only with the express prior written authorization of Repligen. Custom Products are not returnable. Orders are not assignable or transferable, in whole or in part, without the express prior written consent of Repligen. 3.2. Repligen will use reasonable efforts to ship Products or perform Services in accordance with the requested delivery date indicated on Customer’s purchase order; however, such dates are estimates only and are non- binding. Repligen shall not be liable for any losses or damages arising out of delays in delivery or performance. 3.3. Shipment of all Products from and within the United States will be FCA origin (Incoterms 2020) or as set forth in the applicable Confirmed Purchase Order. Shipment of all Products from and within Europe and the United Kingdom will be FCA Breda (Incoterms 2020) or as set forth in the applicable Confirmed Purchase Order. Delivery of Products to the carrier will be deemed satisfactory delivery, and title and risk of loss of Products will pass to Customer upon placement with the carrier. All shipment costs will be paid by Customer. Shipment will be by air freight unless otherwise mutually agreed. Products shipped with dry ice are subject to a handling charge, which is prepaid by Repligen and added to the invoice. Customer shall provide Customer’s customs broker information to Repligen prior to shipment. In the event Customer does not have a customs broker, Repligen may, in its discretion, assist Customer with identifying a customs broker to advance clearance of the shipment through customs, but shall have no liability related to the identification of or performance by such customs brokers. 3.4. Unless otherwise agreed to by the parties that a “Complete Shipment” is required, Repligen may, in its sole discretion, without liability or penalty, make partial shipments of Product to Customer. Each shipment will constitute a separate sale, and Customer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Customer's purchase order.