DELIVERY AND DELAYS. Time is of the essence. Delivery terms shall be as provided on the face sheets of this Purchase Order to Buyer’s address identified on the face sheets of this Purchase Order where title and risk of loss shall pass. If delivery terms are not provided on the face sheets of this Purchase Order, delivery shall be Delivered At Place (DAP Incoterms (2010)) destination to Buyer’s address identified on the face sheets of this Purchase Order where title and risk of loss shall pass. Buyer bases its schedules upon Supplier’s representation that Supplier will deliver the Components to Buyer by the dates specified on the face sheets of this Purchase Order. Time is therefore of the essence and if the Components are not delivered within the time specified hereon, Buyer may reject such Components and cancel this Purchase Order, and have no obligation whatsoever to pay for the Components. Buyer’s acceptance of delinquent deliveries shall not be deemed a waiver by Buyer of its right to cancel this Purchase Order, or to refuse to accept further deliveries. As soon as Supplier determines that a delivery date cannot be met, Supplier shall immediately inform Buyer in writing of the cause for such delay and Supplier’s earliest possible delivery date so that Buyer can determine whether to accept Supplier’s proposed new schedule. Supplier agrees that in the event Components are delinquent to Buyer’s acknowledged Purchase Order, Supplier will grant Buyer first priority for completed Components allocation and shipment. The above remedies afforded to Buyer shall not be exclusive and Supplier shall indemnify and hold Buyer harmless from and against any and all damages, losses, demands, costs and expenses arising from claims of third parties due to any breach or default set forth above.
Appears in 2 contracts
Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase
DELIVERY AND DELAYS. Time is of the essenceessence in Supplier’s performance of a Purchase Order. Supplier shall deliver in accordance with the lead time set forth in the Purchase Order. Delivery terms shall be as provided on the face sheets sheets. Title and risk of this Purchase Order loss shall pass to Buyer upon receipt of the Products to Buyer’s facility address identified on the face sheets sheet of this Purchase Order where title and risk of loss shall passOrder. If delivery terms are not provided on the face sheets of this Purchase Order, delivery shall be Delivered At Place Duty Paid (DAP DDP Incoterms (2010)) destination to Buyer’s facility address identified on the face sheets of this Purchase Order where title and risk of loss shall passOrder. Buyer bases its schedules upon Supplier’s representation that Supplier will deliver the Components Products to Buyer by the dates specified on the face sheets of this Purchase Order. Time is therefore of the essence and if the Components are not delivered within the time specified hereon, Buyer may reject such Components and cancel this delay delivery of firm Purchase Order, and have no obligation whatsoever Order without cost provided that Buyer provides Supplier with written notice at least ten (10) days prior to pay for the Componentsscheduled delivery date. BuyerXxxxx’s acceptance of delinquent deliveries shall not be deemed a waiver by Buyer of its right to cancel this Purchase Order, or to refuse to accept further deliveries. As soon as Supplier determines that a delivery date cannot be met, Supplier shall immediately inform Buyer Xxxxx in writing of the cause for such delay and Supplier’s earliest possible delivery date so that Buyer can determine whether to accept Supplier’s proposed new schedule. Supplier agrees that in the event Components Products are delinquent to Buyer’s acknowledged Purchase Order, Supplier will grant Buyer first priority for completed Components Products allocation and shipmentshipment from Supplier’s products. The above remedies afforded to Buyer shall not be exclusive and Supplier shall indemnify and hold Buyer harmless from and against any and all damages, losses, demands, costs and expenses arising from claims of third parties due to any breach or default set forth above. Supplier shall comply with any specific shipping instructions issued by Buyer, including assisting Buyer with import documentation and complying with Buyer’s routing guidelines.
Appears in 2 contracts
Samples: Terms and Conditions of Purchase, Terms and Conditions of Purchase
DELIVERY AND DELAYS. Time is of the essence. Delivery terms shall be as provided on the face sheets of this Purchase Order to Buyer’s address identified on the face sheets of this Purchase Order where title and risk of loss shall pass. If delivery terms are not provided on the face sheets of this Purchase Order, delivery shall be Delivered At Place (DAP Incoterms (2010)) destination to Buyer’s address identified on the face sheets of this Purchase Order where title and risk of loss shall pass. Buyer bases its schedules upon Supplier’s representation that Supplier will deliver the Components to Buyer by the dates specified on the face sheets of this Purchase Order. Time is therefore of the essence and if the Components are not delivered within the time specified hereon, Buyer may reject such Components and cancel this Purchase Order, and have no obligation whatsoever to pay for the Components. BuyerXxxxx’s acceptance of delinquent deliveries shall not be deemed a waiver by Buyer of its right to cancel this Purchase Order, or to refuse to accept further deliveries. As soon as Supplier determines that a delivery date cannot be met, Supplier shall immediately inform Buyer Xxxxx in writing of the cause for such delay and Supplier’s earliest possible delivery date so that Buyer can determine whether to accept Supplier’s proposed new schedule. Supplier agrees that in the event Components are delinquent to BuyerXxxxx’s acknowledged Purchase Order, Supplier will grant Buyer first priority for completed Components allocation and shipment. The above remedies afforded to Buyer shall not be exclusive and Supplier shall indemnify and hold Buyer harmless from and against any and all damages, losses, demands, costs and expenses arising from claims of third parties due to any breach or default set forth above.
Appears in 1 contract
Samples: Terms and Conditions of Purchase
DELIVERY AND DELAYS. Time is of the essenceessence in Supplier’s performance of a Purchase Order. Supplier shall deliver in accordance with the lead time set forth in the Purchase Order. Delivery terms shall be as provided on the face sheets sheets. Title and risk of this Purchase Order loss shall pass to Buyer upon receipt of the Components to Buyer’s facility address identified on the face sheets sheet of this Purchase Order where title and risk of loss shall passOrder. If delivery terms are not provided on the face sheets of this Purchase Order, delivery shall be Delivered At Place Duty Paid (DAP DDP Incoterms (2010)) destination to Buyer’s facility address identified on the face sheets of this Purchase Order where title and risk of loss shall passOrder. Buyer bases its schedules upon Supplier’s representation that Supplier will deliver the Components to Buyer by the dates specified on the face sheets of this Purchase Order. Time is therefore of the essence and if the Components are not delivered within the time specified hereon, Buyer may reject such Components and cancel this delay delivery of firm Purchase Order, and have no obligation whatsoever Order without cost provided that Buyer provides Supplier with written notice at least ten (10) days prior to pay for the Componentsscheduled delivery date. Buyer’s acceptance of delinquent deliveries shall not be deemed a waiver by Buyer of its right to cancel this Purchase Order, or to refuse to accept further deliveries. As soon as Supplier determines that a delivery date cannot be met, Supplier shall immediately inform Buyer in writing of the cause for such delay and Supplier’s earliest possible delivery date so that Buyer can determine whether to accept Supplier’s proposed new schedule. Supplier agrees that in the event Components are delinquent to Buyer’s acknowledged Purchase Order, Supplier will grant Buyer first priority for completed Components allocation and shipment. The above remedies afforded to Buyer shall not be exclusive and Supplier shall indemnify and hold Buyer harmless from and against any and all damages, losses, demands, costs and expenses arising from claims of third parties due to any breach or default set forth above. Supplier shall comply with any specific shipping instructions issued by Buyer, including assisting Buyer with import documentation and complying with Buyer’s routing guidelines.
Appears in 1 contract
Samples: Terms and Conditions of Purchase
DELIVERY AND DELAYS. Time is of the essenceessence in Supplier’s performance of a Purchase Order. Supplier shall deliver in accordance with the lead time set forth in the Purchase Order. Delivery terms shall be as provided on the face sheets sheets. Title and risk of this Purchase Order loss shall pass to Buyer upon receipt of the Components to Buyer’s facility address identified on the face sheets sheet of this Purchase Order where title and risk of loss shall passOrder. If delivery terms are not provided on the face sheets of this Purchase Order, delivery shall be Delivered At Place Duty Paid (DAP DDP Incoterms (2010)) destination to Buyer’s facility address identified on the face sheets of this Purchase Order where title and risk of loss shall passOrder. Buyer bases its schedules upon Supplier’s representation that Supplier will deliver the Components to Buyer by the dates specified on the face sheets of this Purchase Order. Time is therefore of the essence and if the Components are not delivered within the time specified hereon, Buyer may reject such Components and cancel this delay delivery of firm Purchase Order, and have no obligation whatsoever Order without cost provided that Buyer provides Supplier with written notice at least ten (10) days prior to pay for the Componentsscheduled delivery date. BuyerXxxxx’s acceptance of delinquent deliveries shall not be deemed a waiver by Buyer of its right to cancel this Purchase Order, or to refuse to accept further deliveries. As soon as Supplier determines that a delivery date cannot be met, Supplier shall immediately inform Buyer Xxxxx in writing of the cause for such delay and Supplier’s earliest possible delivery date so that Buyer can determine whether to accept Supplier’s proposed new schedule. Supplier agrees that in the event Components are delinquent to BuyerXxxxx’s acknowledged Purchase Order, Supplier will grant Buyer first priority for completed Components allocation and shipment. The above remedies afforded to Buyer shall not be exclusive and Supplier shall indemnify and hold Buyer harmless from and against any and all damages, losses, demands, costs and expenses arising from claims of third parties due to any breach or default set forth above. Supplier shall comply with any specific shipping instructions issued by Buyer, including assisting Buyer with import documentation and complying with Buyer’s routing guidelines.
Appears in 1 contract
Samples: Terms and Conditions of Purchase