Common use of Orders and Shipments Clause in Contracts

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.