Orders and Shipments Sample Clauses

Orders and Shipments. 3.1 Each order placed by Reseller shall clearly describe the quantity and type of Products required, and shall include all necessary instructions for packaging, invoicing and shipping. The orders shall not be binding unless and until they are accepted by Identica who shall be required to provide written notice to Reseller of its acceptance or rejection of any order within ten (10) days of receipt of such order. Identica will make its best efforts to accept all orders submitted by Reseller. 3.2 All Products will be shipped to Reseller FOB Identica’s warehouse. Reseller shall arrange shipping and insurance for each shipment and shall be responsible for all costs and expenses associated therewith. If Reseller requests that Identica arrange for shipping and insurance of the Products then Identica shall obtain Reseller’s approval of shipping and insurance costs prior to shipment and shall invoice Reseller for any costs incurred. Identica will not be responsible, in any form, for delayed shipments once they have left Identica’s facilities.

Orders and Shipments. 11.1 During the term of this Agreement, MIPI or MIPI’s licensee will forward orders to EZN by facsimile (or other suitable means) at least ten (10) Business Days in advance of intended shipment. This lead time might be shorter in case of Kit orders only or might be longer in case of intended delivery of Set and/or Final Product outside the EU. Orders shall include at least the required quantities, identity of the recipient, requested delivery dates and destination. Delivery as directed by MIPI or MIPI’s licensee shall be ex-Works EZN’s facility in Braunschweig, Germany. Risk and title for the Set and/or Final Product shall pass to MIPI or MIPI’s licensee at point of delivery to the respective carrier. 11.2 Prior to the first shipment to any Third Party site, MIPI or its licensee shall obtain and forward to EZN from such Third Party its license evidencing proper legal authority for the receipt and possession of the Kit, Set and/or Final Product (Umgangsgenehmigung). If and to the extent necessary, MIPI or MIPI’s licensee shall further obtain all approvals, licenses and permits required to import Kit, Sets and/or Final Product into territories directed by MIPI or its licensee. *Confidential Treatment Requested* 11.3 EZN shall deliver Kit, Set and/or Final Product in accordance with the quantities and requested delivery date(s) specified in the relevant order. EZN will pack the Kit, Set and/or Final Product for shipment and storage in accordance with the applicable Specifications given by MIPI. 11.4 If requested by MIPI or MIPI licensee, EZN shall make shipping arrangements with carriers from the ex-Works point to the delivery site. All transportation and packaging costs incurred to deliver Kit, Set and/or Final Product ordered by MIPI or MIPI licensee will be separately charged to and borne by MIPI. 11.5 If either Party or its designee discovers that a Batch and/or Dose Vial does not meet the Specifications, then the discovering Party shall promptly communicate in writing with the other Party to determine a mutually agreed course of action. With respect to any such Batch and/or Dose Vial which do not meet Specifications as a result of shortcomings in process or parameters under the direct control of EZN, then EZN will promptly replace such Batch and/or Dose Vial at no additional cost to MIPI.

Orders and Shipments. Within ninety (90) days of the date hereof, and at least ninety (90) days prior to the commencement of each calendar year during the term of this Agreement, DISTRIBUTOR will furnish SUPPLIER with its projected requirements for HBL IFN-containing lozenges during the next succeeding calendar year. DISTRIBUTOR may amend its projected requirements from time-to-time, provided, however, that SUPPLIER shall be obligated only to make its best effort to comply with any requests in excess of annual projections received by it at least ninety (90) days prior to the commencement of the calendar year in question. Under no circumstances shall SUPPLIER be required to deliver to DISTRIBUTOR hereunder, an amount of HBL IFN which exceeds the amount SUPPLIER is able, in good faith, to acquire from HBL, or from HBL's contract manufacturers. HBL IFN delivered under this Agreement by SUPPLIER to DISTRIBUTOR may be delivered in the form of 150 I.U. lozenges, unless otherwise agreed by both Parties. Such lozenges may contain such other ingredients as are permitted to be contained in lozenges approved by U.S. FDA for U.S. trials and/or sales, and the exact composition of such lozenges shall be disclosed in writing by SUPPLIER to DISTRIBUTOR. If DISTRIBUTOR should at any time desire some other composition or formulation, it shall specify the requested composition or formulation in writing to SUPPLIER, and SUPPLIER

Orders and Shipments. 3.1 In placing orders with Manufacturer, Distributor shall clearly describe the Products and quantity required, and shall include precise instructions for packaging, invoicing and shipping. The orders shall not be binding unless and until they are accepted by Manufacturer in its discretion. Within ten (10 days of receipt of each order issued by Distributor, Manufacturer shall accept or reject such order in writing. Manufacturer agrees to make its best efforts to accept and fill all orders as submitted by Distributor. 3.2 Manufacturer shall be responsible for packaging the Products in such manner to ensure, except for perils of the sea, a safe and undamaged delivery to Distributor. Manufacturer shall ship the Products ordered within eight (8) weeks after the acceptance of an order pursuant to Article 3.1. The Manufacturer shall obtain Distributor’s approval of shipping and insurance costs before shipping. Distributor shall pay for such shipping and insurance. Distributor shall also be responsible for payment of all customs and other duties and taxes together with any documentation and other costs incurred for obtaining any import licenses that may be required in the Territory. 3.3 Distributor agrees to purchase the VP-II S’s in the minimum quantity of 100 units per order.

Orders and Shipments. 7.1. ▇▇▇▇▇▇ and ▇▇▇▇▇▇ will keep each other informed with respect to activities and undertakings in respect of their obligations hereunder, including without limitation, progress in the development of scaled-up manufacturing processes for the Substance and the Product and the status and progress of the patent litigation contemplated by Article 13.1 hereof to the end that Parties will jointly estimate the beginning date of the first Commercial Year not less than 24 months in advance of the beginning date of the first Commercial Year ("Joint Estimate Date"). The Joint Estimate Date shall not be less than 28 months from the date of ▇▇▇▇▇▇'▇ submission of the ANDA to the FDA. 7.2. The Parties recognize that determining the Joint Estimate Date is inherently speculative. Therefore, neither party will hold the other party liable hereunder in the event that the Joint Estimate Date ultimately proves to be incorrect. 7.3. On the date the parties determine the Joint Estimate Date, ▇▇▇▇▇▇ will provide ▇▇▇▇▇▇ with a good faith estimate of ▇▇▇▇▇▇'▇ maximum annual requirements of the Substance as of the Joint Estimate Date. If, in any subsequent Commercial Year of this Agreement, ▇▇▇▇▇▇ determines that its future annual maximum requirements for the Substance will exceed Rhode's manufacturing capacity for the Substance, ▇▇▇▇▇▇ shall send ▇▇▇▇▇▇ 18 months advance written notice of ▇▇▇▇▇▇'▇ projected additional maximum annual requirements and ▇▇▇▇▇▇ may, in its sole discretion, determine whether or not to increase its capacity for producing the Substance in order to meet ▇▇▇▇▇▇'▇ additional requirements. ▇▇▇▇▇▇ shall notify ▇▇▇▇▇▇ as promptly as possible of its decision in this regard. 7.4. At least ninety (90) days prior to the commencement of a Commercial Year, ▇▇▇▇▇▇ shall present to ▇▇▇▇▇▇ ▇▇▇▇▇▇'▇ best estimate of its annual requirements for the Substance during the upcoming Commercial Year on a quarterly basis. ▇▇▇▇▇▇ will also notify ▇▇▇▇▇▇ at least sixty (60) days before each quarter of its estimated monthly requirements for that and the next quarter which requirements will supersede those provided pursuant to the above annual forecast. ▇▇▇▇▇▇ will base resources decisions at the Coventry Plant on ▇▇▇▇▇▇'▇ annual estimated purchases and thus ▇▇▇▇▇▇'▇ failure to achieve those estimated purchases will result in year end cost adjustments by ▇▇▇▇▇▇. 7.5. ▇▇▇▇▇▇ will place firm orders for the Substance at least forty-five (45) days before each required shipment date. Bot...

Orders and Shipments. A. Each of Distributor’s orders is subject to WYD’s acceptance. Orders must be a minimum of truckload, unless otherwise accepted by WYD. In addition to any specific rights of rejection set forth in this Agreement, WYD shall have the right, in its reasonable discretion, to reject any order, in whole or in part. Orders shall be deemed accepted unless WYD rejects any order within three (3) business days after the date of WYD’s receipt of the purchase order. B. Shipping toms on all sales from WYD to Distributor shall be F.O.B. Distributor’s loading dock unless a different delivery address is set forth in the purchase order. WYD shall not be liable to Distributor for any damages, whether incidental, consequential, or otherwise, for failure to fill orders, delays in shipment or delivery or any error in the filling of orders if such failure, delay or mistake is not within the control of WYD. WYD shall assume liability for any breakage of Products from WYD to Distributor. C. WYD shall have the right to make partial shipments with respect to Distributor’s orders, which shipments shall be invoiced separately and paid for when due, without regard to subsequent shipments. If WYD makes a partial shipment to Distributor which results in the shipment of less than a full truckload, WYD shall pay the cost of freight. Delay in shipment or delivery of any particular installment shall relieve Distributor of its obligation to accept the remaining installments unless mutually agreed to advance. D. Goods are deemed received by Distributor upon delivery. Until received by Distributor, all risk of loss to the above described goods is borne by WYD. Distributor has the right to examine the goods upon receipt and has five (5) business days in which to notify WYD of any claim for damages based on the condition, grade, quantity or quality of the goods. Such notice must specify in detail the particulars of the claim. Failure to provide such notice within the requisite time period constitutes irrevocable acceptance of the goods.

Orders and Shipments. All orders are subject to the terms and conditions detailed on any and all of the following Realtime Inc. documents: customer quotation, work order, order form. Prices to be charged for services and materials provided to Customer hereunder shall be as agreed upon at order placement. Orders may not be canceled after Realtime Inc. has begun processing or manufacturing. Scheduled shipment dates are subject to change, and Realtime Inc. reserves the right to make partial shipments when necessary. All shipments are made UPS or FEDEX regular carrier unless specified otherwise. Customers are responsible for all freight charges, including any possible returns or reshipments, as well as any upgrades required to meet customer's deadline. All orders are considered complete if within + or - 10% of open quantity. Final invoice amount reflects actual number of units manufactured. Prices and specifications are subject to change without notice. Payment Terms. An advance deposit of 50% is required on all jobs before work can begin The remaining balance will be due upon receipt or shipment of merchandise. All COD & product shipments must be paid in advance as Cash, Certified Check or Money Order unless prior credit has been established. Claims for adjustments in amounts due Realtime Inc. must be presented to Realtime Inc. in writing within five (5) days from the date of invoice. Customer shall be responsible for all local, state, federal or other governmental charges for sales, use, manufacturing, excise and similar taxes associated with the production of products and performance of services hereunder in addition to other charges hereunder. A late charge at the rate of one and one-half percent (1 1/2%) per month (18% annually) will be charged for all amounts past due at Realtime Inc.'s option. Realtime Inc. shall have a lien on all client's materials, until full payment for any due or outstanding accounts is received. If client fails to pay within 60 days for any work completed, or in the event a client fails to accept delivery or pick up his finished product within 60 days from completion, Realtime Inc. has the right to sell, dispose of , or use any such material on hand in any way the company chooses. In this case all negatives, master tapes, stampers, printed materials, compact discs, cassettes, etc. become property of Realtime Audio. In the event client's account is placed with a collection agency, client agrees to pay all costs (whether or not suit is instituted), inclu...

Orders and Shipments. Subject to IDEC's election under 7.1(ii), during the term of this agreement, IDEC will [CONFIDENTIAL TREATMENT REQUESTED] or in an alternative manner acceptable to both parties; orders shall include [CONFIDENTIAL TREATMENT REQUESTED]; delivery of Isotope [CONFIDENTIAL TREATMENT REQUESTED]. All sums payable by IDEC to Nordion shall be paid within [CONFIDENTIAL TREATMENT REQUESTED] days of the date of invoice which invoice shall not be dated prior to the shipment of Isotope and shall be accompanied by an order schedule report itemizing shipment details. Prior to first shipment of Isotope by Nordion to any third party site, Nordion shall obtain such third party's license evidencing proper legal authority for the receipt and possession of the Isotope by such third party. [CONFIDENTIAL TREATMENT REQUESTED]. Nordion shall ship Isotope [CONFIDENTIAL TREATMENT REQUESTED]. All shipping costs incurred to deliver Isotope shall be borne by [CONFIDENTIAL TREATMENT REQUESTED].

Orders and Shipments. 3.1 All orders are to be placed by Sales Contract as set out in Appendix B attached and are subject to the terms and conditions contained therein. 3.2 In placing orders with Collage International Health Pty Ltd C.B. & P. Pty Ltd shall clearly describe the Contract Products and quantity required in writing, and shall include precise instructions for packaging, invoicing and shipping. The orders shall not be binding unless and until they are accepted by Collate International Health Pty Ltd agrees to supply C.