Common use of DELIVERIES AND SHIPMENTS Clause in Contracts

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.

Appears in 1 contract

Samples: Acceptance Entire Agreement

AutoNDA by SimpleDocs

DELIVERIES AND SHIPMENTS. Time is Unless otherwise specified on the face of the essence in making deliveries under this order, if delivery is to 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 goods and related data and/or documentation and/or performance of required services 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 releasesschedule are a material requirement of this order. TIME IS OF THE ESSENCE. Seller will not, without Buyer's prior written consent, manufacture or procure materials in advance of Seller'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 endangeredendangered for any reason other than Buyer's fault. Unless otherwise specified on Buyer reserves the face of this order no variation in the quantity right to reject all or any part of any items is authorized and the Buyer may reject a delivery that varies in from the quantity authorized by Buyer for shipment. The efficient use by Buyer of any item called for under this order requires that data, if any, All goods will 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 packaged in accordance with the governing classifications and tariffs applicable theretoBuyer'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 items goods to a carrier for transportation transportation. Title and risk of loss to goods pass to Buyer at the F.O.B. point of destination unless otherwise specified on the face of this order. Notwithstanding the foregoing, title and risk of loss to goods subject to a destination other than Buyer’s place consignment stock agreement pass upon release of business issuing this orderthe goods from the consignment stock.

Appears in 1 contract

Samples: Contract Formation

DELIVERIES AND SHIPMENTS. Time is Unless otherwise specified on the face of the essence in making deliveries under this order, if delivery is to 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 goods and related data and/or documentation and/or performance of required services 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 releasesschedule are a material requirement of this order. TIME IS OF THE ESSENCE. Seller will not, without Buyer's prior written consent, manufacture or procure materials in advance of Seller'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 endangeredendangered for any reason other than Buyer's fault. Unless otherwise specified on Buyer reserves the face of this order no variation in the quantity right to reject all or any part of any items is authorized and the Buyer may reject a delivery that varies in from the quantity authorized by Buyer for shipment. The efficient use by Buyer of any item called for under this order requires that data, if any, All goods will 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 packaged in accordance with the governing classifications and tariffs applicable theretoBuyer'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 items goods to a carrier for transportation transportation. Title and risk of loss to goods pass to Buyer at the F.O.B. point of destination unless otherwise specified on the face of this order. Notwithstanding the foregoing, title and risk of loss to goods subject to a destination other than Buyer’s place consignment stock agreement pass upon release of business issuing this orderthe goods from the consignment stock.

Appears in 1 contract

Samples: Terms and Conditions

DELIVERIES AND SHIPMENTS. Time is Unless otherwise specified on the face of the essence in making deliveries under this order, if delivery is to 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 goods and related data and/or documentation and/or performance of required services 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 releasesschedule are a material requirement of this order. TIME IS OF THE ESSENCE. Seller will not, without Xxxxx's prior written consent, manufacture or procure materials in advance of Seller'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 endangeredendangered for any reason other than Buyer's fault. Unless otherwise specified on Buyer reserves the face of this order no variation in the quantity right to reject all or any part of any items is authorized and the Buyer may reject a delivery that varies in from the quantity authorized by Buyer for shipment. The efficient use by Buyer of any item called for under this order requires that data, if any, All goods will 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 packaged in accordance with the governing classifications and tariffs applicable theretoBuyer'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 items goods to a carrier for transportation transportation. Title and risk of loss to goods pass to Buyer at the F.O.B. point of destination unless otherwise specified on the face of this order. Notwithstanding the foregoing, title and risk of loss to goods subject to a destination other than Buyer’s place consignment stock agreement pass upon release of business issuing this orderthe goods from the consignment stock.

Appears in 1 contract

Samples: Hach Purchase Order Terms and Conditions

AutoNDA by SimpleDocs

DELIVERIES AND SHIPMENTS. Time is Unless otherwise speci ed on the face of the essence in making deliveries under this order, if delivery is to 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 goods and related data and/or documentation and/or performance of required services 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 releasesschedule are a material requirement of this order. TIME IS OF THE ESSENCE. Seller will not, without Xxxxx's prior written consent, manufacture or procure materials in advance of Seller's reasonable 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 endangeredendangered for any reason other than Buyer's fault. Unless otherwise specified on Buyer reserves the face of this order no variation in the quantity right to reject all or any part of any items is authorized and the Buyer may reject a delivery that varies in from the quantity authorized by Buyer for shipment. The efficient use by Buyer of any item called for under this order requires that data, if any, All goods will 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 packaged in accordance with the governing classifications and tariffs applicable theretoXxxxx's instructions or, if none are speci ed, in accordance with good commercial practice in a manner 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 items goods to a carrier for transportation transportation. Title and risk of loss to goods pass to Buyer at the F.O.B. point of destination unless otherwise speci ed on the face of this order. Notwithstanding the foregoing, title and risk of loss to goods subject to a destination other than Buyer’s place consignment stock agreement pass upon release of business issuing this orderthe goods from the consignment stock.

Appears in 1 contract

Samples: Contract Formation

DELIVERIES AND SHIPMENTS. Time is Unless otherwise specified on the face of the essence in making deliveries under this order, if delivery is goods must be shipped to be the Delivery Point on or a maximum of 2 days before the Delivery Date, or in accordance with the Delivery Schedule and in accordance with the Incoterm (as defined in Incoterms 2019 published by the International Chamber of Commerce) specified on the face of the order; provided that if no Incoterm is specified, the applicable Incoterm shall be DDP (delivered duty paid – named place of destination). Itemized packing lists will accompany each shipment. Buyer’s written releasescount will be accepted as final and conclusive on shipments not accompanied by Seller’s itemized packing list. No charge will be allowed for packing, Seller shall not procureshipment, fabricate, assemble or ship any item except to handling unless otherwise stated in the extent authorized by Buyer order. Delivery of the goods and related data and/or documentation and/or performance of required services in such written releasesaccordance with the schedule are a material requirement of this order. TIME IS OF THE ESSENCE. Seller will not, without Buyer's prior written consent, manufacture or procure materials in advance of Seller'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 endangeredendangered for any reason other than Buyer's fault. Unless otherwise specified on Buyer reserves the face of this order no variation in the quantity right to reject all or any part of any items is authorized and the Buyer may reject a delivery that varies in from the quantity authorized by Buyer for shipment. The efficient use by Buyer of any item called for under this order requires that data, if any, All goods will 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 packaged and shipped 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. Concurrent with the governing classifications delivery of goods, Seller shall provide Buyer with an electronic list of all such goods, including such particulars and tariffs applicable theretoin such format as requested by Buyer, such that the information is in a form suitable for downloading into the Buyer’s goods and materials information system. 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 items goods to a carrier for transportation transportation. Title and risk of loss to goods pass to Buyer upon delivery to the Delivery Point unless otherwise specified on the face of this order or the applicable Incoterm; provided that upon Buyer issuing a notice of rejection for such good, risk of loss or damage to such good or resulting from such good shall pass to Seller. Notwithstanding the foregoing, title and risk of loss to goods subject to a destination consignment stock agreement pass upon release of the goods from the consignment stock. Buyer shall have the option of being the Importer of Record. In such case, Seller shall furnish promptly all information and documents required for customs drawback purposes. Seller also shall provide all information necessary (including written documentation and electronic transaction records) relating to the products, tooling and equipment necessary for Buyer to fulfill any customs-related or other than governmental agency-related obligations, origin marking or labeling requirements and certification or local content reporting requirements, to enable Buyer to claim preferential duty treatment at the time of entry for products, tooling and equipment eligible under applicable trade preference regimes, and to make all arrangements that are necessary for the products to be covered by any applicable duty deferral or free trade zone program(s) of the country of import. Seller shall provide Buyer with all documentation to enable the products to be exported, and obtain all export licenses or authorizations necessary for the export of the products, tooling and equipment, in which event Seller shall provide all information as may be necessary to enable Buyer to obtain such licenses or authorization(s). Credits or benefits resulting or arising from any order, including trade credits, export credits or the refund of duties, taxes or fees, shall belong to Buyer’s place . Seller shall submit a Certificate of business issuing Origin. One document can be completed for a series of part numbers as long as each part is listed with the country of origin—where the goods are manufactured, NOT purchased— listed beside it. Also, if the product(s) qualify for NAFTA, this orderwill be indicated on the certificate as well.

Appears in 1 contract

Samples: Contract Formation

Time is Money Join Law Insider Premium to draft better contracts faster.