Shipment and Delivery Requirements Sample Clauses

Shipment and Delivery Requirements. Unless otherwise expressly agreed to by the Parties, SBA shall deliver the Goods to the Delivery Point, using SBA’s standard methods for packaging and shipping the Goods. SBA may, in agreement with Distributor, without liability or penalty, make partial shipments of Goods, each of which constitutes a separate sale, and Distributor shall pay for the units shipped in accordance with the payment terms specified in Section 3.3 whether such shipment is in whole or partial fulfillment of a Purchase Order. Any time quoted for delivery is an estimate only. All Prices are based on Intercoms 2010 and are FCA at the DSV Logistics Centre in Ghent, Belgium FOB SBA’s shipping point in Xiamen, China or, in respect of tennis balls only, Bangkok in Thailand. Distribution Agreement September 2020 5

Shipment and Delivery Requirements. Unless otherwise expressly agreed to by the Parties, SBA shall deliver the Goods to the Delivery Point, using SBA’s standard methods for packaging and shipping the Goods. SBA may, in agreement with Distributor, without liability or penalty, make partial shipments of Goods, each of which constitutes a separate sale, and Distributor shall pay for the units shipped in accordance with the payment terms specified in Section 3.3 whether such shipment is in whole or partial fulfillment of a Purchase Order. Any time quoted for delivery is an estimate only. All Prices are based on Intercoms 2010 and are FOB SBA’s shipping point in Xiamen or Hong Kong, China or Bangkok in Thailand.

Shipment and Delivery Requirements. Unless otherwise expressly agreed to by the Parties, Seller shall, at Distributor’s expense, deliver the Products to Distributor’s facility located [******], United States, using Seller's standard methods for packaging and shipping the Products. Seller may, in its sole discretion, without liability or penalty, make partial shipments of Products, each of which constitutes a separate sale, and Distributor shall pay for the units shipped in accordance with the payment terms specified in Section 4 whether such shipment is in whole or partial fulfillment of a Purchase Order, provided, however, that if partial shipments are made, Seller shall re-imburse to Distributor the difference between the transportation costs which Distributor has paid for all partial shipments and the transportation costs which Distributor would have had to pay if all the partial shipments would have been made in one shipment. Seller will use commercially reasonable efforts to timely provide the Products for shipment to meet the times quoted for delivery.

Shipment and Delivery Requirements. Time, quantity and delivery to the Delivery Location are of the essence under this Agreement. Hytera shall procure materials for, fabricate, assemble, ▇▇▇▇, ▇▇▇▇ and ship Products strictly in the quantities, by the methods, to the Delivery Locations and by the Delivery Dates, specified in this Agreement or in an applicable Purchase Order or Release. Delivery times will be measured to the time that Products are actually received at the Delivery Location. If Hytera does not comply with any of its delivery obligations under this Section 4, EMCORE may, following good faith discussion with Hytera and at Hytera's sole cost and expense, (a) approve a revised Delivery Date, (b) require expedited or premium shipment, or (c) cancel the Purchase Order applicable to the delayed Product and obtain similar goods from other sources (and all such Products will be deemed to have been purchased under this Agreement for purposes of satisfying EMCORE's quantity requirements hereunder), with Hytera being liable for additional costs to EMCORE associated with such purchase. Unless otherwise expressly agreed to by the Parties in writing, Hytera may not make partial shipments of Products to EMCORE. Hytera shall inform EMCORE of any anticipated delivery delay as promptly as possible, and in any event at least five Days prior to the scheduled Delivery Date. Notwithstanding anything to the contrary contained in this Agreement, Hytera shall not take responsibility for delay in delivery directly resulting from any breach of any representation or warranty made with respect to the Purchased Assets by EMCORE in the Asset Purchase Agreement or any breach of EA’s obligations pursuant to the Transition Services Agreement.

Shipment and Delivery Requirements. Seller shall assemble, p▇▇▇, ▇▇▇▇, and ship Goods strictly in the quantities, by the methods, to the Delivery Locations, and by tile Delivery Dates, specified in t▇.▇▇ Agreement. Delivery times will be measured to 1.lle time that goods are actually received at the Delivery Location. Subject to Section 20.20, time. quantity, and delivery to the Delivery Location are of the essence under this Agreement and, if Seller does not comply with any of its delivery obligations under this Section 8.0 I. without limiting Distributor’s other rights under this Agreement or applicable Law, Distributor may, in Distributor’s sole discretion and at Seller’s sole cost and expense, (a) approve a revised Delivery Date or (b) require expedited or premium shipment. Unless otherwise expressly agreed to by the Parties in writing, Seller may not make partial shipments of goods to Distributor.

Shipment and Delivery Requirements. Time, quantity, and delivery to the street address in the applicable Purchase Order (the “Delivery Location”) are of the essence under this Agreement. Seller shall assemble, ▇▇▇▇, ▇▇▇▇, and ship Goods strictly in the quantities, by the methods, to the Delivery Locations, and by the date that is set forth in a Purchase Order, which must be a day other than a Sunday, or a federal holiday (each, a “Delivery Date”), specified in this Agreement. Delivery times will be measured to the time that Goods are actually received at the Delivery Location. If Seller does not comply with any of its delivery obligations under this Section, without limiting Buyer's other rights under this Agreement or applicable law, Buyer may, in Buyer's sole discretion and at Seller's sole cost and expense: (i) approve a revised Delivery Date; or (ii) require expedited or premium shipment; or (iii) reject the entire shipment with no penalty to Buyer (in cases of late delivery). Unless otherwise expressly agreed to by the Parties in writing, Seller may not make partial shipments of Goods to Buyer.

Shipment and Delivery Requirements. Time, quantity, quality and delivery to the Delivery Location are of the essence under this Agreement. Supplier shall perform the Services and procure materials for, fabricate, assemble, p▇▇▇, ▇▇▇▇, and ship Products strictly in the quantities, by the methods, to the Delivery Locations and by the Delivery Dates, all as specified in the applicable SOW. Delivery times will be measured to the time that Products are actually received at the Delivery Location. Unless otherwise expressly agreed to by the Parties in writing, Supplier may not make partial shipments of Products to Buyer.

Shipment and Delivery Requirements. Time, quantity and delivery to the delivery location specified by Buyer are of the essence under this Agreement. Delivery times will be measured to the time that Products are actually received at the delivery location specified by Buyer. If Supplier does not comply with any of its delivery obligations under this Section 4, Buyer may, in Buyer’s sole discretion and at Supplier’s sole cost and expense, (a) approve a revised delivery date, (b) require expedited or premium shipment, or (c) cancel the applicable purchase order and obtain similar goods from other sources Unless otherwise expressly agreed to by the Parties in writing, Supplier may not make partial shipments of Products to Buyer.

Shipment and Delivery Requirements. (a) Seller will procure all materials to fabricate, assemble, ▇▇▇▇, ▇▇▇▇, and ship Products in the quantities, to the Delivery Locations, and by the Delivery Dates specified in the applicable Purchase Order. (b) For each shipment of Products, Seller will give Buyer sufficient advanced warning and notice of any hazardous or restricted material that is an ingredient or a part of the shipment, together with such special handling instructions as may be necessary to advise logistics providers, handlers of the Products, and Personnel of how to exercise that measure of care and precaution that will comply with any applicable Laws and prevent bodily injury or property damage in the handling, transportation, processing, use, or disposal of the Products, containers, and packing. (c) Within two (2) Business Days after shipment of a Product, Seller will deliver to Buyer a shipment notification containing the date the Products were shipped from Seller’s facility, the name and type of transportation carrier, the transportation tracking number, Seller’s identification number for the subject Products, the quantity of Products in shipment, the number of cartons or containers in shipment, Seller’s name, the bill of lading number, and the country of origin (collectively, the “Shipment Information”). Seller will (i) ship all Products using the shipping methods and specifications specified in this Agreement or otherwise provided by Buyer and in a manner required for the protection of Products from damage or destruction by hazards during shipping and delivery and in compliance with Law, and (ii) ensure that all shipments are accompanied by the requisite documentation issued by the proper Governmental Authority, if applicable, including forms, import licenses, quota allocations, and visas and comply with orderly marketing agreements, voluntary restraint agreements, and other such agreements.