Delivery and Sample Clauses

Delivery and. Documents 10.1
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Delivery and. ACCEPTANCE OF PRODUCTS ----------------------
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Delivery and. Documents 10.1 Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in the Schedule of Requirements. The details
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Delivery and delays (a) Cirrus will use its reasonable endeavours to meet the Delivery Date, Milestone Date or any other date agreed under this Agreement or the Project Management Plan but does not guarantee it will do so. (b) Without limiting clause 26, Cirrus will not be responsible for any delays (or costs and losses arising from delays) which occur during the course of the Term and which arise from any non-compliance by the Customer with this Agreement, an applicable Proposal or Project Management Plan, the late supply or provision of instructions and information by the Customer, delays in obtaining access to the Site or any other delays caused by the Customer's third party suppliers and contractors. (c) Cirrus will be entitled to extension of time in respect of any Delivery Date, Milestone Date or any other date agreed under this Agreement equal to the duration of any delay caused by Force Majeure Event or a cause specified in clause 27(b). (d) If the Proposal specifies any service credits payable for the non-achievement of any service levels, those service credits are the Customer's sole and exclusive remedy for the non-achievement of the applicable service levels.
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Delivery and. The provisions of Article above will not affect the status of incumbents for Union representation or the future posting of vacancies as they may occur. Appointments to positions above the jurisdiction of the Union shall not be subject to the Grievance Procedure. However, the Company will give due consideration to representations of the Union where there is evidence of obvious irregularities or discrepancies. Non-Supervisory Positions Exceptions: Positions identified in Section of this Article. The Company will use all available information and determine those applicants who are qualified to vacancy. One of the requisites is the minimum years of experience as set out in the job specification. Before any consideration is given to seniority the supervisor responsible for making the selection must determine, from the list of applicants, those employees who have the qualifications to do the job satisfactorily. A recommendation by the supervisor should then be made from the qualified employees, overall seniority being the governing factor. An employee’s experience with another company will be taken into consideration in determining his/her qualifications for a position. Tenure The senior qualified candidate will be selected to the vacancy providing that he/she satisfies one of the following criteria: Promotion: The applicant has been employed for a minimum of six months in his/her current position.
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Delivery and. IMPLEMENTATION --------------------------- The first sentence of Section 3.A. of the Agreement is hereby deleted in its entirety and replaced with the following: "SFI shall deliver one copy of all Software and Third-Party Software to You promptly upon its general availability. In the event SFI, in its sole discretion, develops, or acquires the right from a third party(s) to sublicense, without additional payment to the Third-Party, Software designed for Order Entry, Inventory Management, or Treasury Management, SFI agrees to deliver such Software to You promptly upon its general availability."
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Delivery and. “INCOTERMS -1990”. 4.1. All purchases of Products by the BUSINESS ASSOCIATE shall be initiated by written purchase orders submitted to MANUFACTURER and shall be subject to acceptance or rejection by MANUFACTURER at its sole discretion. MANUFACTURER shall, promptly after receipt and acceptance thereof, acknowledge each purchase order and confirm shipping dates. MANUFACTURER shall make its best efforts to freight products to the Distributor in conformance with such freighting dates. However, MANUFACTURER shall not be liable to the BUSINESS ASSOCIATE for delays. MANUFACTURER shall notify the BUSINESS ASSOCIATE of such delays as soon as it was known. 4.2. All shipments or whichever freight carrier shall be FOB manufacture. Title and all risk of loss to Products will pass to BUSINESS ASSOCIATE upon delivery to BUSINESS ASSOCIATE’s designated freight carrier at MANUFACTURER’s plant of manufacture. 4.3. MANUFACTURER undertakes to fulfill BUSINESS ASSOCIATE’S orders for the Products within the stipulated delivery period committed to the customer. 4.4. MANUFACTURER. shall be not liable for damages or otherwise for delay or failure in making shipment hereunder when due to any cause beyond its reasonable control, including but not necessarily limited to, acts of God, war, riots, civil unrest, fire, explosion, flood, strike, lockout, injunctions, accident or breakage of equipment. *In the last case, all the purchases of Products by the BUSINESS ASSOCIATE are warranted to be free from defects caused by faulty material or poor workmanship, for a period of one year after delivery to the BUSINESS ASSOCIATE , in accordance with the terms and conditions stipulated in MANUFACTURER published “Equipment Warranty” policy that are in effect on the date an order is accepted.
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Delivery and a) Delivery of all material manufactured for or purchased by Alder under this Agreement, including any quantity of Product manufactured during a Program or Process Consumables purchased by Alder under an SoW, will be made Ex Works, the Facility (Incoterms 2010), when Fujifilm notifies Alder that such material is available for collection and places Product at the disposal of Alder at the Facility, or, in the case of any Batch produced during a manufacturing stage of a Program, either [***] following notification by Fujifilm that Fujifilm has completed Disposition in respect of such Batch and has made such material available for collection, or [***], whichever occurs first. Unless otherwise agreed by the Parties, Fujifilm shall deliver a Certificate of Analysis, if applicable, not later than the date of delivery. Fujifilm shall package and label Product for delivery in accordance with the Product Specification, standard operating procedures and all applicable Legal Requirements. Risk in and title to all material manufactured for or purchased by Alder under this Agreement [***]. Fujifilm will co-operate with Alder’s chosen shipper/supplier with regard to achieving timely and efficient transport matters. b) Alder shall have the option, [***], to request that Fujifilm [***], and may also request that, [***], Fujifilm [***], in each case [***]. In the absence of exercise of such option and agreement on the terms of such [***], Fujifilm shall not be obliged to [***]. Prior to completion of the applicable Program, Alder shall notify Fujifilm which [***], and, if [***] = CERTAIN CONFIDENTIAL INFORMATION CONTAINED IN THIS DOCUMENT, MARKED BY BRACKETS, IS FILED WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO RULE 406 UNDER THE SECURITIES ACT OF 1933, AS AMENDED. Alder does not notify Fujifilm [***], then Fujifilm shall request instructions from Alder and shall, in accordance with such instructions, [***]. Nothing in this paragraph shall be construed in derogation of Fujifilm’s obligations with respect to [***]. c) Fujifilm shall provide reasonable assistance to Alder as may be necessary for complying with import, export, and customs laws, regulations and like requirements, as applicable to the shipment of Product, the cell banks, and samples (including in-process samples) of the Product, etc., including issuing any documentation that may be required to be issued by Fujifilm by law or regulation. Without limitation, Fujifilm and Alder will cooperate and provid...
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Delivery and. TRANSPORTATION 5.1 DELIVERY OF PRODUCT All Liquid Helium delivered to Buyer hereunder shall be filled at the Tolling Facility or an alternative Tolling facility on behalf of Seller (“Seller’s Helium Source”). Risk of loss of the Liquid Helium and title to the Liquid Helium shall pass to Buyer when the transport carrier’s tractor is attached to the Container at Seller’s Helium Source (“Delivery Point”). BUYER ACCEPTS FULL LIABILITY FOR ANY HELIUM LOSSES AFTER TITLE PASSES UNLESS SUCH LOSSES ARE DUE SOLELY TO THE GROSS NEGLIGENCE OF SELLER OR THE THIRD-PARTY XXXXXX. Responsibility for a full Container transfers to Buyer when the transport carrier’s tractor is attached to Buyer’s Container at Seller’s Helium Source. Conversely, the responsibility for an empty Container transfers to Seller when Xxxxx’s empty Container is detached from the transport carrier’s tractor at Seller’s Helium Source. While Containers are in the care, custody and control of Buyer, Buyer shall bear all responsibility for any loss or damage to the Container or for any physical damage to property, personal injury, or other damage or loss suffered by any person as a result of Buyer’s use, custody or control of such Container other than for physical damage to a Container caused solely by Seller’s or the Third-Party Xxxxxx’x xxxxx negligence. Buyer shall indemnify and hold Seller harmless for any and all loss or damage to Xxxxx’s Containers or for any physical damage to property, personal injury, or other damage or loss suffered by any person as a result of Xxxxx’s use, custody or control of such Container, other than for physical damage to Buyer’s Container caused solely by Seller’s or the Third-Party Xxxxxx’x xxxxx negligence while the Container is in Seller’s or the Third-Party Xxxxxx’x care, custody and control. Furthermore, Xxxxxx accepts no responsibility whatsoever for performance of Xxxxx’s Containers or any product losses attributed to deficiencies in Buyer’s Container maintenance and repair practices. 5.2 ORDERS FOR PRODUCT Buyer shall use commercially reasonable efforts to deliver empty Containers to the Tolling Facility on or before the estimated date on which Buyer would be entitled to receive delivery of a full Container in accordance with Seller’s latest 3 Month Forecast. Buyer shall inform Xxxxxx and the Third-Party Xxxxxx of the expected arrival date of each Buyer’s Container, the Container identification number, the expected condition (i.e. internal temperature) of the Cont...
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Related to Delivery and

  • Delivery and Risk 4.1 Time of delivery shall not be of the essence in any agreement between the Parties. 4.2 WHILST EVERY EFFORT WILL BE MADE TO DISPATCH AND DELIVER THE GOODS AS ADVISED, THE SELLER DOES NOT GUARANTEE DISPATCH AND/OR DELIVERY ON ANY SPECIFIC DATE AND SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY THE PURCHASER AND/OR ANY THIRD PARTY AS A RESULT OF ANY DELAYS IN THE DELIVERY OF THE GOODS THAT MAY OCCUR, SAVE TO THE EXTENT THAT THE SELLER IS FOUND TO BE LIABLE FOR ANY LOSSES IN TERMS OF SECTION 47 OF THE CONSUMER PROTECTION ACT 68 OF 2008 AS AMENDED. 4.3 The Purchaser shall not be entitled to cancel any order as a result of any delay in delivery of the Goods. 4.4 Should the Seller be prevented from the performance of any of its obligations because of force majeure (which includes but is not limited to an event that prevents or delays the Seller from being able to perform an obligation, wars, insurrections, strikes, pandemics, acts of God, natural disasters, governmental actions or controls, government restrictions and/or water or energy supply restrictions), or any cause whatsoever beyond the control of the Seller, the Seller shall be entitled at its option to cancel the agreement with the Purchaser or to suspend performance of its obligations there under and shall not be liable whatsoever for any loss or damage, consequential or otherwise, resulting from such inability to perform its obligations, cancellation, or suspension. 4.5 Unless otherwise agreed in writing, delivery and passing of the risk in the Goods shall be deemed to have taken place when the Goods are offloaded at the Purchaser’s premises. 4.6 The Seller reserves the right to refuse an order within 10 (ten) business of such order being received by the Seller where costs have escalated due to any contingencies or circumstances not within the Seller’s control. 4.7 The Seller’s deliveries shall be effected “ex works” for the account and at the risk of the Purchaser. Transport insurance shall be arranged at the Purchaser’s written request and for its account. The Seller shall have the right to demand a prepayment on the insurance premium by the Purchaser. In the absence of specific instructions by the Purchaser, the Seller shall determine the shipping route and carrier. The transport packaging shall be product-related and consider the statutory regulations as may be made from time to time. The Seller shall bear the packing charges, which shall be determined at the Seller’s discretion. The packaging shall be taken back at the Purchaser’s request and expense.

  • DELIVERY AND TITLE A. The place of delivery for all Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

  • Delivery and Control (i) With respect to any Investment Related Property consisting of Securities Accounts or Securities Entitlements, it shall cause the securities intermediary maintaining such Securities Account or Securities Entitlement to enter into an agreement substantially in the form of Exhibit C hereto pursuant to which it shall agree to comply with the Collateral Agent’s “entitlement orders” without further consent by such Grantor. With respect to any Investment Related Property that is a “Deposit Account,” it shall cause the depositary institution maintaining such account to enter into an agreement substantially in the form of Exhibit D hereto, pursuant to which the Collateral Agent shall have both sole dominion and control over such Deposit Account (within the meaning of the common law) and “control” (within the meaning of Section 9-104 of the UCC) over such Deposit Account. Each Grantor shall have entered into such control agreement or agreements with respect to: (i) any Securities Accounts, Securities Entitlements or Deposit Accounts that exist on the Credit Date, as of or prior to the Credit Date and (ii) any Securities Accounts, Securities Entitlements or Deposit Accounts that are created or acquired after the Credit Date, as of or prior to the deposit or transfer of any such Securities Entitlements or funds, whether constituting moneys or investments, into such Securities Accounts or Deposit Accounts. In addition to the foregoing, if any issuer of any Investment Related Property is located in a jurisdiction outside of the United States, each Grantor shall take such additional actions, including, without limitation, causing the issuer to register the pledge on its books and records or making such filings or recordings, in each case as may be necessary or advisable, under the laws of such issuer’s jurisdiction to insure the validity, perfection and priority of the security interest of the Collateral Agent. Upon the occurrence of an Event of Default, the Collateral Agent shall have the right, without notice to any Grantor, to transfer all or any portion of the Investment Related Property to its name or the name of its nominee or agent. In addition, the Collateral Agent shall have the right at any time, without notice to any Grantor, to exchange any certificates or instruments representing any Investment Related Property for certificates or instruments of smaller or larger denominations.

  • Delivery and Documents 13.1 Subject to GCC Sub-Clause 33.1, the delivery of the Goods and completion of the Related Services shall be in accordance with the List of Goods and Delivery Schedule specified in the Supply Requirements. The details of shipping and other documents to be furnished by the Supplier are specified in the SCC.

  • 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 Risk of Loss Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.

  • Delivery and Redelivery of Securities for Carrying Purposes The Manager may deliver to you from time to time prior to the termination of the applicable AAU pursuant to Section 9.1 hereof against payment, for carrying purposes only, any Securities or Other Securities purchased by you under the applicable AAU or any Intersyndicate Agreement which the Manager is holding for sale for your account but which are not sold and paid for. You will redeliver to the Manager against payment any Securities or Other Securities delivered to you for carrying purposes at such times as the Manager may demand.

  • Authentication, Delivery and Dating The Securities shall be executed on behalf of the Company by its Chairman of the Board, its Vice Chairman of the Board, its President or one of its Vice Presidents, under its corporate seal reproduced thereon attested by its Secretary or one of its Assistant Secretaries. The signature of any of these officers on the Securities may be manual or facsimile. Securities bearing the manual or facsimile signatures of individuals who were at any time the proper officers of the Company shall bind the Company, notwithstanding that such individuals or any of them have ceased to hold such offices prior to the authentication and delivery of such Securities or did not hold such offices at the date of such Securities. At any time and from time to time after the execution and delivery of this Indenture, the Company may deliver Securities of any series executed by the Company to the Trustee for authentication, together with a Company Order for the authentication and delivery of such Securities, and the Trustee in accordance with the Company Order shall authenticate and deliver such Securities. If the form or terms of the Securities of the series have been established by or pursuant to one or more Board Resolutions as permitted by Sections 201 and 301, in authenticating such Securities, and accepting the additional responsibilities under this Indenture in relation to such Securities, the Trustee shall be entitled to receive, and (subject to Section 601) shall be fully protected in relying upon, an Opinion of Counsel stating,

  • 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.

  • Place of Delivery and Governing Law This Agreement shall be deemed in effect when a fully executed counterpart thereof is received by the Seller in the State of New York and shall be deemed to have been made in the State of New York. THIS AGREEMENT SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO ITS CONFLICT OF LAW PROVISIONS (OTHER THAN SECTION 5-1401 OF THE GENERAL OBLIGATIONS LAW), AND THE OBLIGATIONS, RIGHTS AND REMEDIES OF THE PARTIES HEREUNDER SHALL BE DETERMINED IN ACCORDANCE WITH SUCH LAWS.

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