DELIVERY AND QUANTITIES Sample Clauses

DELIVERY AND QUANTITIES. (a) Products shall be delivered Ex-works (INCOTERMS latest version) as designated by WALVOIL, unless otherwise agreed in writing. Delivery dates communicated or acknowledged by WALVOIL are approximate only, and WALVOIL shall not be liable for, nor shall WALVOIL be in breach of its obligations to Buyer, for any delivery made within a reasonable time before or after the communicated delivery date. WALVOIL agrees to use commercially reasonable efforts to meet the delivery dates communicated or acknowledged by it on the condition that Buyer provides all necessary order and delivery information sufficiently prior to the such delivery date. (b) Buyer will give WALVOIL written notice of failure to deliver and thirty (30) days within which to cure. If WALVOIL does not deliver within such thirty (30) day period, Xxxxx's sole and exclusive remedy is to cancel the affected and undelivered portions of the related Agreement. (c) Risk of loss in the Products shall pass to Buyer upon WALVOIL's delivery in accordance with the applicable INCOTERMS. (d) If Buyer fails to take delivery of Products ordered, then WALVOIL may deliver the Products in consignment at Buyer’s cost. (e) In the event WALVOIL’ production is curtailed for any reason, WALVOIL shall have the right to allocate its available production and Products, in its sole discretion, among its various customers and as a result may sell and deliver to Buyer fewer Products than specified in the Agreement, as the case may be, without being responsible or liable to Buyer for any damage resulting therefrom.
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DELIVERY AND QUANTITIES. Delivery dates and quantity availability, as described in Intel’s Order Acknowledgement, are an essential part of each Order, and Intel will make reasonable efforts to deliver the BZM2 units in accordance with the agreed dates, subject to Intel’s suppliers’ available capacity and manufacturing yield.
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DELIVERY AND QUANTITIES. ‌‌ (a) Delivery must be on the date indicated, if any, and otherwise as requested by Xxxxx. If delivery is “A.S.A.P.” with a date indicated therewith, delivery must be on or before that date. If the Order is identified as a “Blanket” Order, deliveries are to be made only in quantities and at times specified in the delivery schedule set forth herein or as otherwise specified by Buyer. Buyer shall have no liability for payment of Goods delivered to Buyer which are in excess of quantities or scope specified in the Order or in the delivery schedules. Buyer may, from time to time, change delivery schedules or direct temporary suspension of scheduled shipments or performance of Services. Time is of the essence as to delivery. (b) If the Order is identified as a “Blanket” order the quantities specified and delivery dates scheduled are estimated quantities and delivery dates. Unless otherwise specified in an Order for production parts, it is for 100% of Buyer’s requirements subject to termination as provided in the Order. The purchase of the Goods specified is expressly contingent upon the issuance of a release by Buyer identifying the Goods to be purchased and providing delivery directions. When the Order is identified as a Blanket Order or deliveries are otherwise specified to be in accordance with Buyer’s written releases, Seller shall not fabricate or assemble any Goods nor procure required materials, nor ship any Goods except to the extent authorized by such written releases or provisions of the Order specifying minimum fabrication and delivery quantities. Buyer may return over- shipments to Seller at Seller’s expense for all packing, handling, sorting and transportation charges. Releases are included in the term “Order”. (c) Unless otherwise provided in an Order: (i) All shipping, drayage, demurrage, storage, insurance, packing, and related charges shall be prepaid by Seller, and then billed to Buyer if Buyer is responsible for such charges according to the terms of the Order. (ii) All Goods shall be suitably packed, marked and shipped in accordance with the requirements of common carriers in a manner to secure the lowest transportation costs consistent with the requirements hereof and no additional charge shall be made to Buyer therefor. Packing slips must accompany each shipment. (iii) Seller shall mark each package with the Order number, and where multiple packages comprise a single shipment each package shall be shown on packing slips, bills of lading, a...
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DELIVERY AND QUANTITIES a) A firm lead time must be quoted for the duration of the contract period. b) The JRA prefers a lead time within 6-8 weeks after the order date, for the 1st bulk orders and thereafter within 2 weeks for the smaller “top up” orders. c) It is advisable that awarded suppliers maintain some stock levels especially during the 1st year of award to ensure follow up orders can be expedited in terms of the delivery time frames indicated above. February 2021 T1.1 PROJECT DESCRIPTION d) Transit and storage conditions applicable to relevant product must be adhered to. e) The place of delivery shall be at various Johannesburg Roads Agency offices and depots within the regions of the City of Johannesburg inter alia to those specified in the table below: Avalon Calanduler Road, Klipspruit West/ Next to Avalon Cemetery 18.5 KM Asphalt Plant 0 Xxxxxx Xxxxxx, Xxxxxxxx 3.8 KM Benrose 000 Xxxx Xxxx, Xxxxxxx 1.4 KM Dobsonville 2 Jonas Moabi Street, Dobsonville 18 XX Xxxxxxx 000 Xxxxxxx Xxxx, Xxxxxxx 17 KM Main Stores 0 Xxxxxxxx Xxxx, Ophirton 3.8 KM
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DELIVERY AND QUANTITIES. 5.1. Delivery, Title, Risk of Loss. Products will be delivered F.O.B., or ex works (Seller), depending on the way of delivery. Title and risk of loss or damage are passing to Buyer at that point. In case shipment is made by mail, passing of risk occurs when submitting the package to the Post Office. Buyer is responsible for all transportation, insurance taxes, duties or documentation fees. Seller may make partial shipments. Any shipping and delivery dates are estimated dates only. Seller is not liable for any loss or expense incurred by Buyer or Buyer's customers if Seller fails to meet its delivery schedule.
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DELIVERY AND QUANTITIES. Promises of delivery from stock are subject to prior sale. Delivery dates are not guaranteed but are estimated on the basis of immediate receipt by Seller of all information to be furnished by Buyer and the absence of delays, direct or indirect, resulting from or contributed to by circumstances beyond Seller’s reasonable control. Seller shall in good faith endeavor to meet estimated delivery dates.
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DELIVERY AND QUANTITIES. (a) Products shall be delivered Ex-Works (INCOTERMS latest version) as designated by OLEDWorks, unless otherwise agreed in writing by OLEDWorks and Buyer. Delivery dates communicated or acknowledged by OLEDWorks are approximate only, and OLEDWorks shall not be liable for, nor shall OLEDWorks be in breach of its obligations to Buyer, for any delivery made within a reasonable time before or after the communicated delivery date. OLEDWorks agrees to use commercially reasonable efforts to meet the delivery dates communicated or acknowledged by it on the condition that Buyer provides all necessary order and delivery information sufficiently prior to the such delivery date. (b) Buyer will give OLEDWorks written notice of failure to deliver, to the extent applicable, and thirty (30) days within which to cure. If OLEDWorks does not deliver within such thirty (30) day period, Buyer may cancel the affected and undelivered portions of the Agreement, provided that OLEDWorks is responsible for the delay. Xxxxx's claim to damages due to failure to deliver and/or delay as well as claims for damages in lieu of performance shall be governed by the provisions set out in Section 10. (c) Risk of loss in or damage to the Products shall pass to Buyer upon OLEDWorks' delivery in accordance with the applicable INCOTERMS. (d) If Buyer fails to take delivery of Products ordered, then OLEDWorks may deliver the Products in consignment at Buyer's cost. (e) In addition to rights under Section 5 below, in the event OLEDWorks' production is curtailed for any reason, OLEDWorks shall have the right to allocate its available production and Products, at its sole discretion, among its various customers and as a result may sell and deliver to Buyer fewer Products than specified in the Agreement, as the case may be, without being responsible or liable to Buyer for any damage resulting therefrom. OLEDWorks will notify Buyer of any such event without delay. Buyer's obligation for payment shall be reduced in accordance with the reduced delivery. (f) In the event OLEDWorks elects, in its discretion, to cease manufacture and/or sale of a Product(s), it shall provide no less than nine months’ prior written notice to Buyer. OLEDWorks shall have no liability to Buyer in the event of any such cessation to manufacture or sell such Product(s).
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DELIVERY AND QUANTITIES. Delivery dates and quantity availability, as described in Intel’s Order Acknowledgement, are an essential part of each Order, and Intel will make reasonable efforts to deliver the BZM2 units in accordance with the agreed dates, subject to Intel’s suppliers’ available capacity and manufacturing yield. You may reschedule a BZM2 shipment only once for a delivery date no later than 3 months from the originally scheduled delivery date. Company’s sole and exclusive remedy, and Intel’s sole and exclusive liability for a volume shortfall will be the refund of the pre-payment. The quantities for each SKU under each Order are estimates and will be adjusted prior to delivery to reflect the output from that recent manufacturing lot.
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Related to DELIVERY AND QUANTITIES

  • ESTIMATED QUANTITIES 1.1 The quantities set forth in the line items and specification document are approximate and represent the estimated requirements for the contract period. 1.2 Items listed may or may not be an inclusive requirements for this category. 1.3 Category items not listed, but distributed by bidder are to be referred to as kindred items. Kindred items shall receive the same percentage of discount or pricing structure as items listed in the specification document. 1.4 The unit prices and the extended total prices shall be used as a basis for the evaluation of bids. The actual quantity of materials necessary may be more or less than the estimates listed in the specification document, but the City/County shall be neither obligated nor limited to any specified amount. If possible, the Owners will restrict increases/decreases to 20% of the estimated quantities listed in the specification document.

  • 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 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 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 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.

  • Quantities The estimated quantities provided by the City are not guaranteed. These quantities are listed for informational purposes only. Quantities vary depending on the demands of the City. Any variations from the estimated quantities shall not entitle the bidder to an adjustment in the unit price or any additional compensation.

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Delivery Point The delivery point is the point of delivery of the Power Product to the CAISO Controlled Grid (the “Delivery Point”). Seller shall provide and convey to Buyer the Power Product from the Generating Facility at the Delivery Point. Title to and risk of loss related to the Power Product transfer from Seller to Buyer at the Delivery Point.

  • Delivery Points ‌ Project water made available to the Agency pursuant to Article 6 shall be delivered to the Agency by the State at the delivery structures established in accordance with Article 10.

  • Delivery Time Vendors shall specify the estimated delivery time in calendar days for each item. The purchaser should consult the vendor regarding vehicle production schedules. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays.

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