Common use of DELIVERY AND PRODUCTION VOLUMES Clause in Contracts

DELIVERY AND PRODUCTION VOLUMES. (a) Time is of the essence of the Order. Seller shall deliver the Goods in the quantities and on the delivery dates and times specified in the Order. Seller shall immediately notify FFT in writing if Seller is unable to deliver the Goods in the quantities and on the delivery dates and times specified in the Order. Goods delivered in excess of the quantities or in advance of delivery dates or times specified in the Order shall be at Seller’s risk and may be returned to Seller by FFT, and all transportation charges both to and from the original destination shall be paid by Seller. FFT shall not be required to make payment for any Goods delivered to FFT that are in excess of the quantities specified in the Order. Unless otherwise expressly stated in the Order or authorized in writing by FFT, Seller shall not make any commitments for raw materials or other inventory or manufacture any Goods in advance of the time necessary to permit shipments on the delivery dates. FFT may on notice to Seller change the rate of scheduled shipments or direct temporary suspension of scheduled shipments, neither of which shall entitle Seller to a modification of the price of the Goods or the Services covered by the Order. (b) If the face of the Order does not specify the quantities, or specifies the quantities as “blanket order”, “as released”, “as scheduled”, “as directed”, “subject to FFT’s production releases” or in another similar fashion, then, Seller grants to FFT an irrevocable option during the term of the Order to purchase the Goods in such quantities and on such delivery dates and times as indicated in the firm delivery or shipping releases, authorizations, manifests, broadcasts or similar written instructions issued or transmitted by FFT to Seller from time to time in reference to the Order (each a “Release”), and Seller shall deliver such quantities on such dates and times, at the price and on the other terms specified in the Order; provided that FFT shall purchase no less than one piece or unit of each of the Goods or the Services and no more than one hundred percent (100%) of FFT’s requirements for the Goods or the Services, as applicable. All references herein to “the Order” shall include any Releases. (c) Seller warrants that any representation made in a quote or otherwise regarding its production capacity shall be considered a warranty that Seller can manufacture or produce the stated quantity of the Goods or the Services without the imposition of overtime charges or other surcharges. Seller acknowledges that any estimates or forecasts of production volumes or length of program, whether from FFT or the Customer, are subject to change from time to time, with or without notice to Seller, and shall not be binding upon FFT. Unless otherwise expressly stated in the Order, FFT makes no representation, warranty, guarantee or commitment of any kind or nature, whether express or implied to Seller in respect of FFT’s quantitative requirements for the Goods or the Services or the term of supply of the Goods or the Services. (d) Unless otherwise expressly stated in the Order, FFT shall not be required to purchase the Goods or the Services exclusively from Seller.

DELIVERY AND PRODUCTION VOLUMES. (a) Time is of the essence of the Orderthis Agreement. Seller shall deliver the Goods in the quantities and on the delivery dates and times specified in the Orderthis Agreement as Releases quantities and schedules. Seller shall immediately notify FFT Buyer in writing if Seller is unable to deliver the Goods in the quantities and on the delivery dates and times specified in the Orderthis Agreement. Goods delivered in excess of the quantities or in advance of delivery dates or times specified in the Order this Agreement shall be at Seller’s risk and may be returned to Seller by FFTBuyer, and all transportation charges both to and from the original destination shall be paid by Seller. FFT Buyer shall not be required to make payment for any Goods delivered to FFT Buyer that are in excess of the quantities specified in the Orderthis Agreement. Unless otherwise expressly stated in the Order this Agreement or authorized in writing by FFTBuyer, Seller shall not make any commitments for raw materials or other inventory or manufacture any Goods in advance of the time necessary to permit shipments on the delivery dates. FFT Buyer may on notice to Seller change the rate of scheduled shipments or direct temporary suspension of scheduled shipments, neither of which shall entitle Seller to a modification of the price of the Goods or the Services covered by the Orderthis Agreement. (b) If the face of the Order this Agreement does not specify the quantities, or specifies the quantities as “blanket order”, “as released”, “as scheduled”, “as directed”, “subject to FFTBuyer’s production releases” or in another similar fashion, then, in consideration for ten U.S. dollars (U.S.$10.00), the payment of which shall be made by Buyer upon the termination or non-renewal of this Agreement, Seller grants to FFT Buyer an irrevocable option during the term of the Order this Agreement to purchase the Goods in such quantities and on such delivery dates and times as indicated in the firm delivery or shipping releases, authorizations, manifests, broadcasts or similar written instructions issued or transmitted by FFT Buyer to Seller from time to time in reference to the Order this Agreement (each a “Release”), and Seller shall deliver such quantities on such dates and times, at the price and on the other terms specified in the Orderthis Agreement; provided that FFT Buyer shall purchase no less than one piece or unit of each of the Goods or the Services and no more than one hundred percent (100%) of FFTBuyer’s requirements for the Goods or the Services, as applicable. All references herein to “the Orderthis Agreement” shall include any Releases. (c) Seller warrants that any representation made in a quote or otherwise regarding its production capacity shall be considered a warranty that Seller can manufacture or produce the stated quantity of the Goods or the Services without the imposition of overtime charges or other surcharges. Seller acknowledges that any estimates or forecasts of production volumes or length of program, whether from FFT Buyer or the Customer, are subject to change from time to time, with or without notice to Seller, and shall not be binding upon FFTBuyer. Unless otherwise expressly stated in the Orderthis Agreement, FFT Buyer makes no representation, warranty, guarantee or commitment of any kind or nature, whether express or implied to Seller in respect of FFTBuyer’s quantitative requirements for the Goods or the Services or the term of supply of the Goods or the Services. (d) Unless otherwise expressly stated in the Orderthis Agreement, FFT Buyer shall not be required to purchase the Goods or the Services exclusively from Seller. (e) When deliveries are specified to be in accordance with Xxxxx's written releases, Seller will not fabricate or assemble any goods, nor procure required materials, nor ship any supplies, except to the extent authorized by such written releases or provisions of this Agreement specifying minimum fabrication or delivery quantities.

DELIVERY AND PRODUCTION VOLUMES. (a) Time is of the essence of the this Order. Seller shall deliver the Goods in the quantities and on the delivery dates and times specified in the this Order. Seller shall immediately notify FFT Buyer in writing if Seller is unable to deliver the Goods in the quantities and on the delivery dates and times specified in the this Order. Goods delivered in excess of the quantities or in advance of delivery dates or times specified in the this Order shall be at Seller’s risk and may be returned to Seller by FFTBuyer, and all transportation charges both to and from the original destination shall be paid by Seller. FFT Buyer shall not be required to make payment for any Goods delivered to FFT Buyer that are in excess of the quantities specified in this Order. Buyer may, at its sole discretion, accept delivery of the Orderentire quantity delivered in before schedule but postpone payment until the date payment would have been due had delivery been made on the proper date and charge Seller for any storage costs incurred, to be set-off against the agreed-upon price for the excess quantity. Unless otherwise expressly stated in the this Order or authorized in writing by FFTBuyer, Seller shall not make any commitments for raw materials or other inventory or manufacture any Goods in advance of the time necessary to permit shipments on the delivery dates. FFT Buyer may on notice to Seller change the rate of scheduled shipments or direct temporary suspension of scheduled shipments, neither of which shall entitle Seller to a modification of the price of the Goods Goods, or the Services covered by the this Order. (b) If the face of the this Order does not specify the quantities, or specifies the quantities as “blanket order”, “as released”, “as scheduled”, “as directed”, “subject to FFTBuyer’s production releases” or in another similar fashion, then, in consideration for ten U.S. dollars (U.S.$10.00), the payment of which shall be made by Buyer upon the termination or non-renewal of this Order, Seller grants to FFT Buyer an irrevocable option during the term of the this Order to purchase the Goods in such quantities and on such delivery dates and times as indicated in the firm delivery or shipping releases, authorizations, manifests, broadcasts or similar written instructions issued or transmitted by FFT Buyer to Seller from time to time in reference to the this Order (each a “Release”), and Seller shall deliver such quantities on such dates and times, at the price and on the other terms specified in the this Order; provided that FFT Buyer shall purchase no less than one piece or unit of each of the Goods or the Services and no more than one hundred percent (100%) of FFTBuyer’s requirements for the Goods or the Services, as applicable. All references herein to “the this Order” shall include any Releases. (c) Seller warrants that any representation made in a quote or otherwise regarding its production capacity shall be considered a warranty that Seller can manufacture or produce or store the stated quantity of the Goods or the Services without the imposition of overtime charges or other surcharges. Seller acknowledges that any estimates or forecasts of production volumes or length of program, whether from FFT Buyer or the Customer, are subject to change from time to time, with or without notice to Seller, and shall not be binding upon FFTBuyer. Unless otherwise expressly stated in the this Order, FFT Buyer makes no representation, warranty, guarantee or commitment of any kind or nature, whether express or implied to Seller in respect of FFTBuyer’s quantitative requirements for the Goods or the Services or the term of supply of the Goods or the Services. (d) Unless otherwise expressly stated in the this Order, FFT Buyer shall not be required to purchase the Goods or the Services exclusively from Seller.