Delivery and Shipment. Unless otherwise agreed in writing by Datalogic and Buyer, delivery terms are CPT as defined in accordance with Incoterms 2020 - – “Carriage Paid To door – to – door”” for EU Countries and “Carriage Paid To door- to- Port / Airport” for other Countries of destination not in EU. Datalogic will schedule delivery in accordance with its standard lead-time unless Order requests an early delivery dateand Datalogic agrees in writing to an earlier delivery date. Buyer will pay all transportation costs (including insurance and customs duties) and for any claims to be filed with the carrier. If Datalogic prepays transportation charges, Xxxxx will reimburse Datalogic upon receipt of an invoice for those charges. Datalogic reserves the right to impose additional charges for any special routing, packing, labeling, handling or insurance requested by Buyer. If a strik e, embargo, or any event beyond Datalogic’s control prevents shipment or delivery to Buyer or its agent, or if shipping instructions for any shipment are not received before shipment date or if payment is to be made on or before delivery. Title and risk of loss shall pass to Buyer as soon as the shipment has been set aside by Datalog ic and invoiced to Buyer and payment shall be made in accordance with invoice.
a. Datalogic may make delivery in instalments and may render a separate invoice for each instalment which shall be paid when due, without regard to subsequent deliveries. Each instalment shall be deemed a separate sale. Delay in delivery of any instalment shall not relieve the Buyer of its obligation to accept delivery of remaining instalments. Any delivery not in dispute shall be paid for on its due date, without offset defense or counterclaim and regardless of controversies relating to other deliveries or undelivered products.
Delivery and Shipment. Date of delivery shall be determined by mutual written agreement of the parties. No delivery date set forth in a purchase order shall be binding on Hill-Rom unless Hill-Rom explicitly agrees to such delivery date in a writing signed by an authorized representative of Hill-Rom. Customer may request to reschedule a scheduled delivery date to a later date by providing Hill-Rom with written notice at least fourteen (14) days prior to the scheduled delivery date. If Customer requests at any time to reschedule the delivery date to a new date that is more than thirty (30) days later than the original scheduled deliver date, Customer agrees to pay Hill-Rom a rescheduling fee of 15% of the net price for the affected products. If Customer refuses to accept a delivery without having provided Hill-Rom with a written request to reschedule at least fourteen (14) days in advance, Customer agrees to pay Hill-Rom a rescheduling fee of 15% of the net price for the affected products. Shipment of all products shall be Net Freight on Board (FOB) Customer, with all costs of transportation and related insurance being the responsibility of Hill-Rom with the exception of costs of transportation and insurance for (i) service parts, (ii) shipments to points outside the contiguous U.S., or (iii) special delivery and/or air shipments requested by Customer. Unless otherwise explicitly agreed to by Hill-Rom in a writing signed by an authorized representative of Hill-Rom, Hill-Rom will prepay and add to the invoice for reimbursement by Customer any and all costs of transportation and insurance for delivery of service parts, shipments to points outside the contiguous U.S., and any special delivery and/or air shipments requested by Customer. Terms for shipping to Alaska and Hawaii shall be FOB port of embarkment, prepaid and add from port of embarkment to destination.
Delivery and Shipment. 6.1 Place and means of Delivery. Delivery of Products shall be made at Sonardyne’s, and/or its specified Affiliate’s or third party’s premises, when Sonardyne, or its specified Affiliate or third party, advises the Customer in writing, that the Products are ready for shipment (“Delivery” and “Delivery Date” respectively).
Delivery and Shipment. 1. Sterigenics U.S. and Sterigenics Canada - DAP (INCOTERMS 2010) Sterigenics U.S. and Sterigenics Canada respective facilities, shipped via Seller’s trucks or via common carrier.
2. Sterigenics Mexico - DAP (INCOTERMS 2010), Sterigenics Mexico’s Cuautitlan, Mexico facility, shipped via common carrier.
3. Sterigenics Costa Rica- DAP (INCOTERMS 2010), Sterigenics Costa Rica Alajuela, Costa Rica facility, shipped via ocean container, [***] drums minimum per shipment.)
Delivery and Shipment a. Seller shall ship all deliverable Products and Services under the Agreement in accordance with the delivery and shipment terms and conditions set forth in this Article. All shipments of Products shall be delivered by Seller FCA Seller’s facilities Incoterms 2010. For the avoidance of doubt, Seller shall ensure that all shipments and deliveries comply with all applicable import, export and customs rules and regulations and Seller shall be responsible for paying all applicable export customs duties, tariffs and other charges. A shipment containing hazardous and non- hazardous materials as defined by the Department of Transportation regulation HMR title 49 CFR, must have separate packing sheets for the respective hazardous and non-hazardous materials. The shipping documents shall describe the material according to the applicable classification and/or tariff and shall include any required Material Safety Data Sheets. In addition all hazardous chemicals shall be identified and marked in accordance with Department of Labor regulations 29 CFR 1910. Seller shall use the shipping address as set forth on the Purchase Order or Purchase Agreement for all shipments and deliveries of Products to EAI.
b. Seller shall use EAI’s designated transportation carrier and service level (e.g. overnight, ground, etc.). Shipping costs for Product sent via non-EAI designated freight carriers and/or service levels will be paid by the Seller.
c. Seller shall deliver to EAI conforming, non-defective Product in the quantities set forth in the Purchase Order and on, or no earlier than three (3) business days before, the delivery date specified. In the event of early delivery, EAI at its discretion may either refuse delivery or store Product at Seller's expense and EAI’s obligation to pay in accordance with Article 2.2 is based on the Purchase Order defined delivery date, unless delivery in advance of the contractual commitment date is expressly authorized by EAI.
d. Xxxxxx agrees that time is of the essence under this Agreement. In the event of any anticipated or actual delivery delays, Seller shall: (a) promptly notify EAI in writing of the reasons for the delay and the actions being taken to overcome or minimize the delay; and (b) provide EAI with a written recovery schedule. Without limiting any of EAI's rights and remedies with respect thereto, Seller shall take such actions as are reasonably necessary to meet EAI’s schedule. At EAI's request, Seller shall, at Seller’s expense, sh...
Delivery and Shipment. 4.1 The Products shall be prepared and packed in accordance with the Specifications and in a way that prevents damage during transport and handling. Supplier may not make any changes to the packaging instructions set forth in the Specifications without prior written approval by the Concentric Affiliate or otherwise the Concentric Affiliate will have the right to charge for extra handling costs at Supplier’s expense. No charge shall be made for packing, carriage or storage unless such charges are expressly agreed in the relevant Purchase Order.
4.2 The Concentric Affiliate shall obtain title to the Products when the Products are delivered according to the agreed delivery terms as set out in the relevant Purchase Order.
4.3 A deviation or concession number must be quoted on all packing and invoice paperwork related to a delivery. Any boxes containing Products in this condition must be identified with a label quoting the concession number.
4.4 Supplier commits to deliver the Products on the agreed delivery date and to the delivery location set out in the Purchase Order. In case Supplier discovers that the agreed delivery date cannot be met, Supplier shall without delay notify the Concentric Affiliate about the delay and inform about its best estimate of when delivery can take place. Supplier shall use all reasonable efforts to minimize any delay. This includes expediting shipments of Products and/or Components, running overtime in production, and sourcing Components at premium cost.
4.5 If Supplier fails to deliver Products on the agreed delivery date, and the failure is not attributable to an action or omission by the Concentric Affiliate, the Concentric Affiliate has the right to claim compensation from Supplier for the loss or damage suffered by the Concentric Affiliate due to the delay. If a delivery under a Purchase Order, in whole or in part, has not been delivered within six (6) weeks from the agreed delivery date, the Concentric Affiliate shall be entitled to cancel the Purchase Order without liability and without prejudice to the Concentric Affiliate’s right to compensation of damages.
4.6 The Concentric Affiliate may reject Products that are visibly Non-Conforming (“Rejected Delivery”). For the Purposes of this Section 4.6, “Non-Conforming” means any discrepancy of the Product from the Specifications that is visually ascertainable, including but not limited to: not having correct part number, quantity not in accordance with the ordered quantity, app...
Delivery and Shipment. 8.1 Supplier shall deliver Products as required under this Agreement to Qwest or Approved Affiliates (as applicable) at the locations and at the times specified by Qwest or Approved Affiliates (as applicable), and agreed to by Supplier in an accepted Purchase Order, this Agreement or as otherwise agreed in writing by the Parties. For purposes of this Section 8, "Buyer" shall mean Qwest or its Approved Affiliate, as applicable. Supplier shall deliver all Products and Services at the designated location in a timely manner.
Delivery and Shipment. Remedies for Failure to Deliver by Agreed Delivery Dates.
Delivery and Shipment. The delivery terms for Nuance-supplied Services that Company purchases from Authorized Reseller are between Company and Authorized Reseller, as stated in Company's agreement or End User Order with Authorized Reseller. Company agrees to accept electronic delivery of the Nuance Software at Nuance's option.
Delivery and Shipment. Seller shall use commercially reasonable efforts to fill Xxxxx’s Order by the estimated shipping date. So long as Seller engages in such efforts, Buyer shall not be entitled to any damages relating to any Order not filled by the estimated shipping date. Seller shall be entitled to day-for-day extensions of the period of delivery for any delay caused by any party outside the control of Seller, in particular delays caused by Buyer’s failure to comply with Seller’s standard lead-times, incomplete/inconsistent product designs, and failure of Buyer to provide Seller with approvals in keeping with any project or critical path schedules (collectively, “Non-Seller Caused Delays”). All Products shall be packaged in accordance with Seller’s standard practices which shall be in accordance with commercially reasonable practices and sufficient to ensure arrival in an undamaged condition. If requested by the Buyer, Seller shall give notice of shipment to Buyer at the time of delivery of any shipment of Product to a carrier for transportation. Title and risk of loss shall transfer to Buyer FOB or otherwise at the point of delivery by Seller of the Product to common carrier. Notwithstanding the transfer of title, the Seller’s lien on the unpaid Products shall continue until and unless the Buyer pays in full for the said Products. The Seller has the right to repossess the unpaid Products unless the payment obligation is discharged in full by the Buyer for the unpaid Products.
