Common use of Orders and Shipments Clause in Contracts

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.