DELIVERIES AND SHIPMENTS. Delivery of the articles and related data and/or documentation and/or performance of required services in accordance with the schedule is a material requirement of this order. TIME IS OF THE ESSENCE. Seller shall not, without Xxxxx’s prior written consent, manufacture or procure materials in advance of Seller’s reasonable flow time. Seller will at its expense ship by express or air shipment or by the most expeditious way if the delivery schedule is endangered for any reason other than Buyer’s fault. Buyer reserves the right to reject all or any part of any delivery that varies from the quantity authorized by Buyer for shipment. All articles shall be packaged in accordance with Buyer’s instructions or, if none are specified, in accordance with good commercial practice in a manner sufficient to ensure arrival in an undamaged condition. Items shipped in advance of Buyer’s delivery schedule may be returned at Seller’s expense. Seller shall give notice of shipment to Buyer at the time of delivery of any shipment of articles to a carrier for transportation. Title and risk of loss to articles shall pass to Buyer at the f.o.b. point specified on the face of this order, unless earlier passed pursuant to other provisions of this order.
DELIVERIES AND SHIPMENTS. Delivery of Items in accordance with the schedule are a material requirement of this order. TIME IS OF THE ESSENCE. Seller shall not, without Buyer’s prior written consent, manufacture or procure materials in advance of Seller’s reasonable lead-time. Seller will, at its expense, ship by express or air shipment or by the most expeditious way if the delivery schedule is endangered for any reason other than Buyer’s fault. Buyer reserves the right to reject all or any part of any delivery that varies from the quantity authorized by Buyer for shipment. All items shall be packaged, at Seller’s expense, in accordance with Buyer’s instructions or, if none are specified, in accordance with good commercial practice in a manner sufficient to ensure arrival in an undamaged condition. Items shipped in advance of Buyer’s delivery schedule may be returned at Seller’s expense. If requested by Buyer, Seller shall give notice of shipment to Buyer at the time of delivery of any shipment of Items to a carrier for transportation. Unless otherwise specified on the face of this order, Seller shall deliver Items DDP (Buyer’s facility identified on the face of this order) Incoterms 2010, where title and risk of loss of Items shall pass to Buyer.
DELIVERIES AND SHIPMENTS. The Fair shall accept deliveries on behalf of Exhibitor, subject to the following provisions: Notwithstanding anything contained herein to the contrary, the Exhibitor, at all times, assumes the risk of loss of all shipments delivered to the Fair and releases the Fair of any responsibility for the receipt and storage of said shipments. The Exhibitor expressly waives any and all liability and responsibility for loss or damage caused to any shipment against the Fair regardless of the care or, lack of care, exercised by the Fair or its officers, agents or employees in handling, storage, or delivery of the shipment. No bailment is created by shipment and delivery of any goods to the Fair. The Fair reserves the right to impose a handling and storage charge for any large, unusual or any other delivery which requires, in Fair’s sole opinion, extraordinary time and effort. All deliveries must be plainly marked with the name of the Exhibitor, the number of the building or tent and the number or letter of space assigned to the Exhibitor and addressed to the shipping address as indicated at the top of the Agreement. No shipments will be accepted after the Event is over. All shipments shall be returned to carrier which remains unclaimed as of the close of the Event.
DELIVERIES AND SHIPMENTS. A) Delivery of the Articles and related data and/or documentation in accordance with the schedule is a material requirement of this Order. TIME IS OF THE ESSENCE. Seller shall not, without Buyer’s prior written consent, manufacture or procure material in advanced of Seller’s reasonable flow time. Seller will at its expense ship by express or air shipment or by the most expeditious way if the delivery schedule is endangered for any reason other than Buyer’s fault. Buyer reserves the right to reject all or any part of any delivery that varies from the quantity authorized by Buyer for shipment. All Articles shall be packaged in accordance with Buyer’s instructions or, if none are specified, in accordance with good commercial practice in a manner sufficient to ensure arrival in an undamaged condition. Items shipped in advance of Buyer’s delivery schedule may be returned at Seller’s expense. Seller shall give notice of shipment to Buyer at the time of delivery of any shipment of Articles to a carrier for transportation. Title and risk of loss to Articles shall pass to Buyer at the F.O.B. point specified on the face of this Order, unless earlier passed pursuant to other provisions of this Order.
B) In the event that Supplier fails to deliver any product on the promised delivery date in full conformance, Seller shall pay to Buyer, as liquidated damages and not as a penalty, five (5) percent of the price of the delayed order for each week of delay, up to a maximum of twenty-five (25) percent of the price. Buyer shall be entitled to set-off such liquidated damages against any payment due to Seller. A fraction of a week shall be counted as a full week for purposes of calculation of the liquidated damages. The delay shall be calculated beginning from the first working day following the promised date. A delay of less than one (1) week shall not lead to imposition of liquidated damages.
DELIVERIES AND SHIPMENTS. Delivery of Items in accordance with the schedule are a material requirement of the order. Supplier shall not, without NuCon's prior written consent, manufacture or procure materials in advance of reasonable lead-time. Supplier will, at its expense, ship by express or air shipment or by the most expeditious way if the delivery schedule is endangered for any reason other than NuCon's fault. NuCon reserves the right to reject all or any part of any delivery that varies from the quantity authorized by NuCon for shipment. All items shall be packaged in accordance with NuCon's instructions or, if none are specified, in accordance with good commercial practice in a manner sufficient to ensure arrival in an undamaged condition. If requested by NuCon, Supplier shall give notice of shipment to NuCon at the time of delivery of any shipment of Items to a carrier for transportation. Title and risk of loss of Items shall pass to NuCon at the FOB point specified on the face of the order, unless earlier passed pursuant to other provisions of the order.
DELIVERIES AND SHIPMENTS. Delivery of Items in accordance with the schedule are a material requirement of each order. TIME IS OF THE ESSENCE. Seller will, at its expense, ship by express or air shipment or by the most expeditious way if the delivery schedule is endangered for any reason other than Buyer’s fault. Buyer reserves the right to reject all or any part of any delivery that varies from the quantity authorized by Buyer for shipment. All Items shall be packaged in accordance with Buyer’s instructions or, if none are specified, in accordance with good commercial practice in a manner sufficient to ensure arrival in an undamaged condition. Items shipped in advance of Buyer’s delivery schedule and outside the applicable interval set forth in the last sentence of Section 8(a) of the Contract may be returned at Seller’s expense. If requested by Buyer, Seller shall give notice of shipment to Buyer at the time of delivery of any shipment of Items to a carrier for transportation.
DELIVERIES AND SHIPMENTS. Pricing for Wafers and/or Good Die are specified in Exhibit 7 and are based on FCA, Xxxxx Xxxxx Xxxxxxx Xxxxxxxxxxxxx Xxxxxxx, Xxxxxx, Xxxxxxx. Prices are quoted in US currency.
DELIVERIES AND SHIPMENTS. A. Seller shall make deliveries under this Order in accordance with Buyer’s releases. “Release” means any written or electronic notification to Seller, including any notice under any EDI (as defined herein) system authorizing, directing or requiring Seller to ship Goods under this Order. Time is of the essence, and Seller’s obligations relating to time for production and/or delivery of the Goods are integral parts of and conditions of this Order. If delivery of the Goods is likely to be delayed, Seller shall immediately notify Buyer in advance, provided that such notice does not release Seller from its liabilities for all costs, losses and consequential damages resulting from incomplete or delayed delivery; without prejudice to Buyer’s other available rights and remedies. Furthermore, Seller acknowledges and agrees that money damages would not be a sufficient remedy for any actual, anticipatory or threatened breach of this Order by Seller with respect to its delivery of Goods to Buyer and that, in addition to all other rights and remedies which Buyer may have at law, equity or under these Purchase Order Terms and Conditions, Buyer shall be entitled to specific performance and temporary, preliminary and permanent injunctive or other equitable relief as a remedy for any such breach, without proof of actual damages and without bond or other security being required. Seller shall not procure, fabricate, assemble or ship any Goods except to the extent authorized by Buyer in written Releases. Unless otherwise specified on the face of this Order, no variation on the quantity of any Goods is authorized and Buyer may reject a delivery that varies in the quantity authorized for shipment. Goods shipped in advance of Buyer’s delivery schedule may be returned at Seller’s expense.
DELIVERIES AND SHIPMENTS. A. Seller will make deliveries under the Order in accordance with Buyer’s requirements described in each Release. “Release” means any written or electronic notification to Seller, including any notice under any EDI system authorizing, directing, or requiring Seller to ship Goods under the Order. Time is of the essence for each Order and Release, and Seller’s obligations relating to time for production and/or delivery of the Goods are integral parts of and conditions of the Order. Seller will not procure, fabricate, assemble, or ship any Goods except to the extent authorized by Xxxxx in written Releases. Unless otherwise specified on the face of the Order, no variation on the quantity of any Goods is authorized and Buyer may reject any delivery that varies in the quantity authorized for shipment. Goods shipped in advance of Buyer’s delivery schedule may be returned at Seller’s expense. All shipments of Goods will be FOB Buyer’s plant or other designated place of delivery specified by Buyer in the Order or otherwise in writing.
DELIVERIES AND SHIPMENTS. Time is of the essence in making deliveries under this order, if delivery is to be in accordance with Buyer’s written releases, Seller shall not procure, fabricate, assemble or ship any item except to the extent authorized by Buyer in such written releases. Seller will at its expense ship by express or air shipment or by the most expeditious way if the delivery schedule is endangered. Unless otherwise specified on the face of this order no variation in the quantity of any items is authorized and the Buyer may reject a delivery that varies in the quantity authorized for shipment. The efficient use by Buyer of any item called for under this order requires that data, if any, be delivered no later than the time specified in this order. If such date is not so delivered, Buyer may at its election, so long as such data remains undelivered, withhold payment to the Seller for any item theretofore or thereafter delivered. The term “data” will include, without limitation, drawings, reproductions, specifications, photographs, reproducible copy, parts lists, plans, reports, computations and certifications. All items are to be suitably prepared for shipment and must be packed and shipped in accordance with the governing classifications and tariffs applicable thereto. Items shipped in advance of Buyer’s delivery schedule may be returned at Seller’s expense. Seller shall give notice of shipment to Buyer at the time of delivery of any shipment of items to a carrier for transportation to a destination other than Buyer’s place of business issuing this order.
