SHIPMENT, DELIVERY AND ACCEPTANCE Clause Samples

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SHIPMENT, DELIVERY AND ACCEPTANCE. 14.1 Alvotech shall notify ADVANZ of the Collection Date at least [***] prior to the Collection Date. Alvotech shall deliver each Confirmed Order (together with the packing list and invoice) to ADVANZ on the Collection Date. 14.2 All Products shall be delivered EXW (INCOTERMS 2020), the Delivery Facility. If ADVANZ requires transport to be arranged from the Delivery Facility to ADVANZ’s nominated destination, then Alvotech may arrange such transport for ADVANZ subject to a [***]% surcharge. The cost of such transport (including insurance) shall be reimbursed, and the surcharge shall be paid by ADVANZ to Alvotech within [***] from the correspondent invoice date. Alternatively, ADVANZ shall make its own transport arrangements as it wishes at its own cost. 14.3 Alvotech shall provide ADVANZ, together with each shipment, a certificate of analysis and/or other certificate that is necessary to confirm that the Products then delivered conforms with their respective Specifications and the Technical Agreement. 14.4 Should ADVANZ determine that any Product supplied is not in accordance with its Specifications, ADVANZ shall notify Alvotech in writing of any visual defect or deficiency (which could be detected or discoverable by reasonable visual inspection of such Product upon delivery) within [***] after ADVANZ’s receipt of such Product, or, for any hidden defect (being one which could not be determined or detected by reasonable visual inspection of such Product upon delivery), within [***] of the defect or deficiency coming to ADVANZ’s attention during the Shelf Life of the Product concerned.
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SHIPMENT, DELIVERY AND ACCEPTANCE. LIFECOMM will use commercially reasonable efforts to meet desired shipment dates specified in an accepted purchase order that are consistent with applicable manufacturing lead times, and under no circumstances shall LIFECOMM be liable for any delays in shipment caused by AMAC or by third parties. Partial shipments will be allowed in the case where LIFECOMM is unable to fulfill the full order requirements. Delivery will be made FCA LIFECOMM (or its designated representative’s) facilities (Incoterms 2000). Title (excluding Intellectual Property Rights) to the Devices ordered by AMAC will pass to AMAC upon delivery to a common carrier by LIFECOMM. LIFECOMM will retain all Intellectual Property Rights in the Devices. Without limiting the express warranties set forth in Subsection 10.2 (Warranties by LIFECOMM), all shipments will be deemed accepted upon delivery to a common carrier by LIFECOMM at the foregoing shipping point.
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SHIPMENT, DELIVERY AND ACCEPTANCE a. Seller shall deliver the Materials according to the Incoterm as agreed in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully package the Materials for shipment. Any loss or damage, whenever occurring, which results from Seller’s improper packaging or crating shall be borne by Seller. Notwithstanding anything in the foregoing to the contrary, title to and risk of loss of the Materials shall pass to Buyer only upon receipt of the same by ▇▇▇▇▇, and any rightful rejection or revocation of any Materials by ▇▇▇▇▇ shall immediately shift the risk of loss of such Materials, wherever located, to Seller. b. All items shipped shall be properly identified with Buyer’s Order number and any Order item number or other identification number shown. Seller accepts full responsibility for the completeness and accuracy of all transport and customs documentation (“Shipping Documents”) provided to Buyer. Seller accepts any liabilities resulting from incomplete or inaccurate data on Shipping Documents or failure to comply with any import or exportrequirements. c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Materials after the same have been delivered to ▇▇▇▇▇’s premises. Buyer shall not be deemed to have accepted any such Materials until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Materials consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to be defective. Upon rejection or revocation of acceptance of any Materials, Seller promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s expense, including all shipping costs. Buyer’s failure to inspect or reject Materials, or payment for Materials, shall not relieve Seller of any of its obligations hereunder or constitute awaiver of any of Buyer’s rights hereunder.
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SHIPMENT, DELIVERY AND ACCEPTANCE. 3.1 Packaging and method of shipment utilized by Imagenetix shall be consistent with the nature of the Product shipped and hazards of transportation, in order to assure safe transit to destination. 3.2 Vibrant's purchase order number and item numbers will appear on all invoices and packing slips and be referenced on all correspondence regarding such. 3.3 Vibrant's acceptance of any Product delivered hereunder shall be considered complete unless notification is given to Imagenetix within forty-five (45) days.
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SHIPMENT, DELIVERY AND ACCEPTANCE. 5.1 All Products must be packaged and labeled in accordance with Buyer’s instructions and all applicable laws, including but not limited to all domestic and international transportation, occupational safety, and environmental protection laws and regulations. Prior to shipment, Seller must provide Buyer with current Material Safety Data Sheets as required under applicable law and regulations for each Product. 5.2 Seller will ship all Products in conformity with Buyer’s shipment instructions. Unless Buyer is responsible for shipment, Seller shall be liable for any Product lost, damaged, delayed or destroyed while in the possession or custody of Seller or its agents, or employees, or any carrier or freight consolidator designated by Seller. Seller is liable for all damages caused by improper packaging and loading by Seller. 5.166.PURC.10.31.17.03 Page 1 of 4 5.3 Seller’s fees for packaging, loading and handling the product must be included in the price of the Products and not charged as an additional fee on product or freight invoices. When Seller selects the carrier, Buyer will reimburse Seller for actual freight costs incurred by Seller, subject to Seller providing with its invoice documentation of those charges that is reasonably satisfactory to Buyer. Freight discounts granted to Seller must also be documented. Unless accounted for in Seller’s invoice, Buyer will offset the amount of such discounts against the amounts payable to Seller. 5.4 Method of shipment, and time and rate of delivery are of the essence for this Agreement. Seller will notify Buyer in writing of any delay or anticipated delay affecting delivery date specified in Buyer’s purchase order within two business days of identification of delay. 5.5 All clerical errors of Buyer and Seller are subject to correction. 5.6 All Products must conform strictly to the applicable Specifications and no deviation or substitution will be permitted or accepted without the express written agreement of Buyer. There will be no substitutes or shipment of more or less than the quantity specified by Buyer without the prior written approval of Buyer. 5.7 All Product deliveries will be subject to Buyer’s right to inspect, and to accept or reject Products that are not strictly in conformity with all of the requirements of this Agreement or the Specifications. 5.8 Buyer also reserves the right to inspect all work in process and completed but undelivered Products, and to accept or reject Products and work in process ...
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SHIPMENT, DELIVERY AND ACCEPTANCE a. Shipment and Risk of Loss. SAC shall deliver PRODUCTS F.O.B. SAC's manufacturing location to the place designated for shipment and by the carrier specified by JASPER on its purchase order. Title to and risk of loss of PRODUCTS shall pass to JASPER upon delivery of the same to the carrier designated by JASPER, or if not designated by JASPER to the carrier selected by SAC. The carrier shall be deemed to be JASPER's agent and JASPER shall make all claims with respect to damage in transit against the responsible carrier.
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SHIPMENT, DELIVERY AND ACCEPTANCE 
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Related to SHIPMENT, DELIVERY AND ACCEPTANCE

  • Delivery and Acceptance All Software provided hereunder will be delivered electronically. We provide trial licenses of the Software for testing and pre-acceptance before purchase and therefore, delivery is deemed complete and accepted when such Software is made available to you. You are responsible for downloading, installing, registering, or otherwise using the Software.

  • Delivery and Acceptance of the Manuscript The Author shall deliver the Contribution to the Editor (or, if requested by the Publisher, to the Publisher) on or before Delivery Date (the “Delivery Date”) electronically in the Publisher's standard requested format or in such other form as may be agreed in writing with the Publisher. The Author shall retain a duplicate copy of the Contribution. The Contribution shall be in a form acceptable to the Publisher (acting reasonably) and in line with the instructions contained in the Publisher’s guidelines as provided to the Author by the Publisher. The Author shall provide at the same time, or earlier if the Publisher reasonably requests, any editorial, publicity or other information (and in such form or format) reasonably required by the Publisher. The Publisher may exercise such additional quality control of the manuscript as it may decide at its sole discretion including through the use of plagiarism checking systems and/or peer review by internal or external reviewers of its choice. If the Publisher decides at its sole discretion that the final manuscript does not conform in quality, content, structure, level or form to the stated requirements of the Publisher, the Publisher shall be entitled to terminate this Agreement in accordance with the provisions of this Clause. The Author must inform the Publisher at the latest on the Delivery Date if the sequence of the naming of any co-authors entering into this Agreement shall be changed. If there are any changes in the authorship (e.g. a co-author joining or leaving), then the Publisher must be notified by the Author in writing immediately and the Parties will amend this Agreement accordingly. The Publisher shall have no obligation to consider publication under this Agreement in the absence of such agreed amendment. If the Author fails to deliver the Contribution in accordance with the provisions of this Clause above by the Delivery Date (or within any extension period given by the Publisher at its sole discretion) or if the Author (or any co-author) dies or becomes incapacitated or otherwise incapable of performing the Author’s obligations under this Agreement, the Publisher shall be entitled to either: (a) elect to continue to perform this Agreement in accordance with its terms and the Publisher may commission an appropriate and competent person (who, in the case of co-authors having entered into this Agreement, may be a co-author) to complete the Contribution; or (b) terminate this Agreement with immediate effect by written notice to the Author or the Author's successors, in which case all rights granted by the Author to the Publisher under this Agreement shall revert to the Author/Author's successors (subject to the provisions of the Clause "Termination"). The Author agrees, at the request of the Publisher, to execute all documents and do all things reasonably required by the Publisher in order to confer to the Publisher all rights intended to be granted under this Agreement. The Author warrants that the Contribution is original except for any excerpts from other works including pre-published illustrations, tables, animations, text quotations, photographs, diagrams, graphs or maps, and whether reproduced from print or electronic or other sources ("Third Party Material") and that any such Third Party Material is in the public domain (or otherwise unprotected by copyright/other rights) or has been included with written permission from or on behalf of the rights holder (and if requested in a form prescribed or approved by the Publisher) at the Author's expense unless otherwise agreed in writing, or is otherwise used in accordance with applicable law. On request from the Publisher, the Author shall in writing indicate the precise sources of these excerpts and their location in the manuscript. The Author shall also retain the written permissions and make them available to the Publisher on request.

  • Electronic Delivery and Acceptance The Company may, in its sole discretion, decide to deliver any documents related to current or future participation in the Plan by electronic means. The Participant hereby consents to receive such documents by electronic delivery and agrees to participate in the Plan through an on-line or electronic system established and maintained by the Company or a third party designated by the Company.

  • Inspection and Acceptance Where the Master Agreement, a Participating Addendum, or an Order does not otherwise specify a process for inspection and Acceptance, this section governs. This section is not intended to limit rights and remedies under the applicable commercial code. Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, compliance, and quality assurance requirements under this Master Agreement. Upon delivery, the Purchasing Entity shall have 30 days to inspect. Products that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantially impairs value) latent or hidden defects subsequently revealed when goods are put to use. Acceptance of such goods may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of Product rejected and returned, or for which Acceptance is revoked. If any services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in Order amount. When defects cannot be corrected by re-performance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and reduce the contract price to reflect the reduced value of services performed. The warranty period shall begin upon Acceptance. The Purchasing Entity will make every effort to notify the Contractor, within thirty (30) calendar days following delivery, of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31st day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. Acceptance Testing may be explicitly set out in a Master Agreement to ensure conformance to an explicit standard of performance. Acceptance Testing means the process set forth in the Master Agreement for ascertaining that the Product meets the standard of performance prior to Acceptance by the Purchasing Entity. If Acceptance Testing is prescribed, this subsection applies to applicable Products purchased under this Master Agreement, including any additional, replacement, or substitute Product(s) and any Product(s) which are modified by or with the written approval of Contractor after Acceptance by the Purchasing Entity. The Acceptance Testing period shall be thirty (30) calendar days or other time period identified in this Master Agreement or the Participating Addendum, starting from the day after the Product is delivered or, if installed, the day after the Product is installed and Contractor certifies that the Product is ready for Acceptance Testing. If the Product does not meet the standard of performance during the initial period of Acceptance Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the standard of performance is met. Upon rejection, the Contractor will have fifteen (15) calendar days to cure the standard of performance issue(s). If after the cure period, the Product still has not met the standard of performance, the Purchasing Entity may, at its option: (a) declare Contractor to be in breach and terminate the Order; (b) demand replacement Product from Contractor at no additional cost to Purchasing Entity; or, (c) continue the cure period for an additional time period agreed upon by the Purchasing Entity and the Contractor. Contractor shall pay all costs related to the preparation and shipping of Product returned pursuant to the section. No Product shall be deemed Accepted and no charges shall be paid until the standard of performance is met. The warranty period shall begin upon Acceptance.

  • ACKNOWLEDGEMENT AND ACCEPTANCE I acknowledge receipt of this User Agreement. I understand and accept all terms and conditions of this User Agreement, and I will comply with the terms and conditions of this agreement and any additional VA warning banners, directives, handbooks, notices, or directions regarding access to or use of information systems or information. The terms and conditions of this document do not supersede the terms and conditions of the signatory’s employer and VA.