Common use of DELIVERIES AND SHIPMENTS Clause in Contracts

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. A) Unless otherwise specified on the face of the order, goods must be shipped F.O.B point of destination. Itemized packing lists will accompany each shipment. Xxxxx’s count will be accepted as final and conclusive on shipments not accompanied by Xxxxxx’s itemized packing list. No charge will be allowed for packing, shipment, or handling unless otherwise stated in the order. Delivery of the Articles goods and related data and/or documentation and/or performance of required services in accordance with the schedule is are a material requirement of this Orderorder. TIME IS OF THE ESSENCE. Seller shall will not, without Buyer’s 's prior written consent, manufacture or procure material materials in advanced advance of Seller’s 's reasonable flow time. Seller will promptly notify Buyer of any actual or anticipated delay of delivery and take all reasonable steps to avoid or end delay without additional cost to Buyer. Seller will, at its expense 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 '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 goods will be packaged in accordance with Buyer’s '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 Goods shipped in advance of Buyer’s 's delivery schedule may be returned or stored at Seller’s 's expense. Seller shall will give notice of shipment to Buyer at the time of delivery of any shipment of Articles goods to a carrier for transportation. Title and risk of loss to Articles shall goods pass to Buyer at the F.O.B. point of destination unless otherwise specified on the face of this Orderorder. Notwithstanding the foregoing, unless earlier passed pursuant title and risk of loss to other provisions of this Order. B) In the event that Supplier fails goods subject 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 consignment stock agreement pass upon release 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 goods from the first working day following the promised date. A delay of less than one (1) week shall not lead to imposition of liquidated damagesconsignment stock.

DELIVERIES AND SHIPMENTS. A) Unless otherwise specified on the face of the order, goods must be shipped F.O.B point of destination. Itemized packing lists will accompany each shipment. Buyer’s count will be accepted as final and conclusive on shipments not accompanied by Seller’s itemized packing list. No charge will be allowed for packing, shipment, or handling unless otherwise stated in the order. Delivery of the Articles goods and related data and/or documentation and/or performance of required services in accordance with the schedule is are a material requirement of this Orderorder. TIME IS OF THE ESSENCE. Seller shall will not, without Buyer’s 's prior written consent, manufacture or procure material materials in advanced advance of Seller’s 's reasonable flow time. Seller will promptly notify Buyer of any actual or anticipated delay of delivery and take all reasonable steps to avoid or end delay without additional cost to Buyer. Seller will, at its expense 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 '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 goods will be packaged in accordance with Buyer’s '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 Goods shipped in advance of Buyer’s 's delivery schedule may be returned or stored at Seller’s 's expense. Seller shall will give notice of shipment to Buyer at the time of delivery of any shipment of Articles goods to a carrier for transportation. Title and risk of loss to Articles shall goods pass to Buyer at the F.O.B. point of destination unless otherwise specified on the face of this Orderorder. Notwithstanding the foregoing, unless earlier passed pursuant title and risk of loss to other provisions of this Order. B) In the event that Supplier fails goods subject 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 consignment stock agreement pass upon release 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 goods from the first working day following the promised date. A delay of less than one (1) week shall not lead to imposition of liquidated damagesconsignment stock.

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 BuyerXxxxx’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. A) Unless otherwise specified on the face of the order, goods must be shipped F.O.B point of destination. Itemized packing lists will accompany each shipment. Xxxxx’s count will be accepted as final and conclusive on shipments not accompanied by Xxxxxx’s itemized packing list. No charge will be allowed for packing, shipment, or handling unless otherwise stated in the order. Delivery of the Articles goods and related data and/or documentation and/or performance of required services in accordance with the schedule is are a material requirement of this Orderorder. TIME IS OF THE ESSENCE. Seller shall will not, without Buyer’s Xxxxx's prior written consent, manufacture or procure material materials in advanced advance of Seller’s 's reasonable flow time. Seller will promptly notify Buyer of any actual or anticipated delay of delivery and take all reasonable steps to avoid or end delay without additional cost to Buyer. Seller will, at its expense 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 '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 goods will be packaged in accordance with Buyer’s '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 Goods shipped in advance of Buyer’s 's delivery schedule may be returned or stored at Seller’s 's expense. Seller shall will give notice of shipment to Buyer at the time of delivery of any shipment of Articles goods to a carrier for transportation. Title and risk of loss to Articles shall goods pass to Buyer at the F.O.B. point of destination unless otherwise specified on the face of this Orderorder. Notwithstanding the foregoing, unless earlier passed pursuant title and risk of loss to other provisions of this Order. B) In the event that Supplier fails goods subject 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 consignment stock agreement pass upon release 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 goods from the first working day following the promised date. A delay of less than one (1) week shall not lead to imposition of liquidated damagesconsignment stock.

DELIVERIES AND SHIPMENTS. A) Unless otherwise speci ed on the face of the order, goods must be shipped F.O.B point of destination. Itemized packing lists will accompany each shipment. Xxxxx’s count will be accepted as nal and conclusive on shipments not accompanied by Seller’s itemized packing list. No charge will be allowed for packing, shipment, or handling unless otherwise stated in the order. Delivery of the Articles goods and related data and/or documentation and/or performance of required services in accordance with the schedule is are a material requirement of this Orderorder. TIME IS OF THE ESSENCE. Seller shall will not, without Buyer’s Xxxxx's prior written consent, manufacture or procure material materials in advanced advance of Seller’s 's reasonable flow ow time. Seller will promptly notify Buyer of any actual or anticipated delay of delivery and take all reasonable steps to avoid or end delay without additional cost to Buyer. Seller will, at its expense 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 '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 goods will be packaged in accordance with Buyer’s Xxxxx's instructions or, if none are specifiedspeci ed, in accordance with good commercial practice in a manner sufficient suf cient to ensure arrival in an undamaged condition. Items Goods shipped in advance of Buyer’s 's delivery schedule may be returned or stored at Seller’s 's expense. Seller shall will give notice of shipment to Buyer at the time of delivery of any shipment of Articles goods to a carrier for transportation. Title and risk of loss to Articles shall goods pass to Buyer at the F.O.B. point specified of destination unless otherwise speci ed on the face of this Orderorder. Notwithstanding the foregoing, unless earlier passed pursuant title and risk of loss to other provisions of this Order. B) In the event that Supplier fails goods subject 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 consignment stock agreement pass upon release 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 goods from the first working day following the promised date. A delay of less than one (1) week shall not lead to imposition of liquidated damagesconsignment stock.