ORDERING AND DELIVERY An Order will be binding on both parties when signed by authorized representatives of Licensee. Each Order shall include the following information: (a) the Software licensed or to which Support and Maintenance shall apply, and (b) the applicable fees. No additional or different terms in any purchase order or similar document shall modify the terms of this Agreement. For purposes of this Agreement, initial delivery of the Software and Documentation will be deemed to have occurred upon MyECheck providing Licensee with a password to access a web page from which Licensee may download the Software and Documentation. The Software will be deemed accepted upon initial delivery, subject to the warranties in Section 9.
Closing and Delivery The purchase price for the Purchased Units is payable by check or wire transfer payable to the Company or its designee in an amount equal to the applicable purchase price per unit multiplied by the number of Units being purchased by such Subscriber.
Shipping and Delivery a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor’s until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge. b. All deliveries will be “Inside Deliveries” as designated by a representative of the Purchasing Entity placing the Order. Inside Delivery refers to a delivery to other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order form or Purchase Order. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Contractor. If damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order. c. All products must be delivered in the manufacturer’s standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the commodity, brand, quantity, item code number and the Purchasing Entity’s Purchase Order number.
Execution and Delivery The Guaranteeing Subsidiary agrees that the Guarantee shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes.
Orders and Delivery 7.1 The Post Office will from time to time, please written orders by way of the Purchase Orders with the Service Provider in respect of Goods. 7.2 The Service Provider shall deliver the Goods on the date that is reflected as the Delivery Date on the Purchase Order. Should the Service Provider be unable to deliver the Goods on the Delivery Date, the Service Provider shall inform the Post Office of its inability to deliver and provide the Post Office with an alternative “Delivery Date”. 7.3 In the event that the Service Provider is unable to deliver the Goods, three time in a rolling period of 6 [six] months, the Post Office shall be entitled to terminate this Agreement on notice to the Service Provider. 7.4 Upon delivery of the Goods by the Service Provider, a representative of the Post Office shall sign the delivery document provided by the Service Provider as acknowledgement of receipt, and not as acceptance that the Goods were received in good condition and/or of any terms and conditions of the delivery document. In the event of any conflict in the terms and conditions of this Agreement and a delivery note issued by the Service Provider, this Agreement will take precedence. 7.5 With 7 [seven] days after receipt of the Goods by the Service Provider, the representative of the Post Office shall verify that the Goods were received in accordance with the Purchase Order and without any defect. If there are any defect the Post Office shall advise the Service Provider of the defect in writing, failing which, the Service Provider can assume that the Goods were received in good condition. In the event that the Goods are defective and such defect could not have been detected by a visual inspection by the Post Office, the Service Provider will replace the Goods, notwithstanding that the 7 [seven] day period has elapsed. 7.6 Risk and ownership in the Goods will pass to the Post Office on payment.