Common use of Delivery and Shipping Clause in Contracts

Delivery and Shipping. a) Seller will deliver the Products within a reasonable time after receiving Buyer’s purchase order, subject to their availability. The delivery date provided by Seller for the Products is only an estimate and is based upon prompt receipt of all necessary information from Buyer. If Buyer causes Seller to delay shipment or completion of the Products, Seller will be entitled to any and all direct costs (if any) resulting from the delay. Seller will not be liable for any delays, loss, or damage in transit, and failure to deliver within the time estimated will not be a material breach of contract on Seller’s part. b) Shipping cost will be added to the purchase order price and shall be paid by Xxxxx. Buyer shall pay, and be exclusively liable for, all costs of shipping, handling, delivery, and any related insurance. c) All claims by Buyer for damage, loss or delays in transit shall be made by Buyer against the carrier, and Seller shall have no responsibility or obligations with respect to any such damage, loss, or delay. d) If Seller arranges transportation for Buyer, such arrangements shall be at Buyer's sole risk and expense, and transfer of title and risk of loss as specified above shall not be affected. Buyer shall pay any increase in transportation costs that are charged to Seller subsequent to its invoice to Buyer, including any fuel surcharges. From time to time, Seller may receive certain discounts and rebates from its freight carriers, which may be retained in whole or in part by Seller. e) All Products will be packed for shipment in accordance with Seller's standard practices. Seller reserves the right to adjust the quoted price for any unique or special requirements requested by the Buyer. If Seller ships Products in returnable containers or equipment, Buyer will promptly unload and return such containers and equipment in the same condition as delivered (normal wear and tear excepted) and within the tariff or contracted period free of demurrage or extra detention charges. All applicable demurrage or extra detention charges on such containers or equipment shall be for Buyer’s account including demurrage which occurs on any leased track or railroad property track and any switching charges. Buyer is responsible to inspect such containers and equipment for damage caused by the carrier and to promptly notify carrier and Seller of any damages found.

Delivery and Shipping. a) Seller will a. Unless otherwise agreed in writing by the parties, Reading shall deliver the Products Goods Ex-Works to Reading’s plant in Reading, Pennsylvania or such other place of manufacture of the Goods as Reading may establish from time to time (the "Delivery Point") using Reading's standard methods for packaging and shipping such Goods. Buyer shall remove and take delivery of the Goods within a reasonable time five (5) calendar days after receiving Buyer’s purchase orderReading's written notice (“Release Notice”) that the Goods have been delivered to the Delivery Point. Buyer shall be responsible for all freight, subject to their availability. The delivery date provided by Seller shipping, insurance, handling and loading costs and provide equipment and labor reasonably suited for the Products is only an estimate and is based upon prompt receipt of all necessary information from Buyerthe Goods at the Delivery Point. If Buyer causes Seller for any reason Xxxxx fails to delay shipment or completion accept delivery of any of the ProductsGoods pursuant to the these Terms or other notice that the Goods have been delivered at the Delivery Point, Seller will or if Reading is unable to deliver the Goods at the Delivery Point on such date because Buyer has not provided appropriate instructions, titles, documents, licenses or authorizations: i. risk of loss to the Goods shall pass to Buyer; ii. the Goods shall be entitled deemed to any and all direct costs (if any) resulting from have been delivered and; iii. Reading, at its option, may store the delay. Seller will not Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage, lot lease expenses and insurance). If within 14 days after Release Notice, Buyer fails to remove any delaysvehicles to which the Goods are attached or any vehicles delivered to Buyer, lossthe Buyer shall pay Reading all costs and expenses associated with maintaining the vehicle in satisfactory (road-worthy) condition. b. Reading may, in its sole discretion, without liability or damage in transitpenalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and failure to deliver within Buyer shall pay for the time estimated will not be a material breach units shipped whether such shipment is in whole or partial fulfillment of contract on Seller’s partBuyer's purchase order. b) Shipping cost will be added to the purchase order price and c. Reading shall be paid by Xxxxx. Buyer shall pay, and be exclusively liable for, all costs of shipping, handling, delivery, and any related insurance. c) All claims by Buyer have no liability for damage, delay or loss or delays in transit shall be made by Buyer against of any Goods after delivery of the Goods to common carrier, and Seller shall have no responsibility regardless of whether Reading charges Buyer for freight or obligations with respect to any pays for freight. Buyer acknowledges that all such claims for damage, loss, delay or delay. d) If Seller arranges transportation for Buyer, such arrangements shall be at Buyer's sole risk and expense, and transfer of title and risk of loss as specified above shall not be affected. Buyer shall pay any increase in transportation costs that are charged to Seller subsequent to its invoice to Buyer, including any fuel surcharges. From time to time, Seller may receive certain discounts and rebates from its freight carriers, which may be retained in whole or in part by Seller. e) All Products will be packed for shipment in accordance with Seller's standard practices. Seller reserves the right to adjust the quoted price for any unique or special requirements requested by the Buyer. If Seller ships Products in returnable containers or equipment, Buyer will promptly unload and return such containers and equipment in the same condition as delivered (normal wear and tear excepted) and within the tariff or contracted period free of demurrage or extra detention charges. All applicable demurrage or extra detention charges on such containers or equipment shall be for Buyer’s account including demurrage which occurs on any leased track or railroad property track and any switching charges. Buyer is responsible to inspect such containers and equipment for damage caused by the carrier and to promptly notify shall be made against the carrier and Seller of any damages foundonly.

Delivery and Shipping. (a) Seller will Unless otherwise agreed in writing by the parties, Reading shall deliver the Products Goods Ex-Works to Reading’s plant in Reading, Pennsylvania or such other place of manufacture of the Goods as Reading may establish from time to time (the "Delivery Point") using Reading's standard methods for packaging and shipping such Goods. Buyer shall remove and take delivery of the Goods within a reasonable time five (5) calendar days after receiving Buyer’s purchase orderReading's written notice (“Release Notice”) that the Goods have been delivered to the Delivery Point. Buyer shall be responsible for all freight, subject to their availability. The delivery date provided by Seller shipping, insurance, handling and loading costs and provide equipment and labor reasonably suited for the Products is only an estimate and is based upon prompt receipt of all necessary information from Buyerthe Goods at the Delivery Point. If for any reason Buyer causes Seller fails to delay shipment or completion accept delivery of any of the ProductsGoods pursuant to the these Terms or other notice that the Goods have been delivered at the Delivery Point, Seller will or if Reading is unable to deliver the Goods at the Delivery Point on such date because Buyer has not provided appropriate instructions, titles, documents, licenses or authorizations: (i) risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be entitled deemed to any have been delivered and all direct costs (if anyiii) resulting from Reading, at its option, may store the delay. Seller will not Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage, lot lease expenses and insurance). If within 14 days after Release Notice, Buyer fails to remove any delaysvehicles to which the Goods are attached or any vehicles delivered to Buyer, lossthe Buyer shall pay Reading all costs and expenses associated with maintaining the vehicle in satisfactory (road-worthy) condition. (b) Reading may, in its sole discretion, without liability or damage in transitpenalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and failure to deliver within Buyer shall pay for the time estimated will not be a material breach units shipped whether such shipment is in whole or partial fulfillment of contract on Seller’s partBuyer's purchase order. b) Shipping cost will be added to the purchase order price and shall be paid by Xxxxx. Buyer shall pay, and be exclusively liable for, all costs of shipping, handling, delivery, and any related insurance. (c) All claims by Buyer Reading shall have no liability for damage, delay or loss or delays in transit shall be made by Buyer against of any Goods after delivery of the Goods to common carrier, and Seller shall have no responsibility regardless of whether Reading charges Buyer for freight or obligations with respect to any pays for freight. Buyer acknowledges that all such claims for damage, loss, delay or delay. d) If Seller arranges transportation for Buyer, such arrangements shall be at Buyer's sole risk and expense, and transfer of title and risk of loss as specified above shall not be affected. Buyer shall pay any increase in transportation costs that are charged to Seller subsequent to its invoice to Buyer, including any fuel surcharges. From time to time, Seller may receive certain discounts and rebates from its freight carriers, which may be retained in whole or in part by Seller. e) All Products will be packed for shipment in accordance with Seller's standard practices. Seller reserves the right to adjust the quoted price for any unique or special requirements requested by the Buyer. If Seller ships Products in returnable containers or equipment, Buyer will promptly unload and return such containers and equipment in the same condition as delivered (normal wear and tear excepted) and within the tariff or contracted period free of demurrage or extra detention charges. All applicable demurrage or extra detention charges on such containers or equipment shall be for Buyer’s account including demurrage which occurs on any leased track or railroad property track and any switching charges. Buyer is responsible to inspect such containers and equipment for damage caused by the carrier and to promptly notify shall be made against the carrier and Seller of any damages foundonly.

Delivery and Shipping. a) Seller will a. Unless otherwise agreed in writing by the parties, Masterack shall deliver the Products Goods Ex- Works to Masterack’s plant in Social Circle, Georgia or such other place of manufacture of the Goods as Masterack may establish from time to time (the “Delivery Point”) using Masterack’s standard methods for packaging and shipping such Goods. Buyer shall remove, or authorize Masterack to remove, and take delivery of the Goods within a reasonable time thirty (30) calendar days after receiving BuyerMasterack’s purchase orderwritten notice (“Completion Notice”). Buyer shall be responsible for all freight, subject to their availability. The delivery date provided by Seller shipping, insurance, handling and loading costs and provide equipment and labor reasonably suited for the Products is only an estimate and is based upon prompt receipt of all necessary information from Buyerthe Goods at the Delivery Point. If Buyer causes Seller for any reason Xxxxx fails to delay shipment or completion accept delivery of any of the ProductsGoods pursuant to these Terms or other notice that the Goods have been delivered at the Delivery Point, Seller will or if Masterack is unable to deliver the Goods at the Delivery Point on such date because Buyer has not provided appropriate instructions, titles, documents, licenses or authorizations: i. risk of loss to the Goods shall pass to Buyer; ii. the Goods shall be entitled deemed to any and all direct costs (if any) resulting from have been delivered and; iii. Masterack, at its option, may store the delay. Seller will not Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage, lot lease expenses and insurance). If within 30 days after Completion Notice, Buyer fails to remove any delaysvehicles to which the Goods are attached or any vehicles delivered to Buyer, lossthe Buyer shall pay Masterack a $10 per vehicle per day penalty fee in addition to all costs and expenses associated with maintaining the vehicle in satisfactory (road-worthy) condition. b. Masterack may, in its sole discretion, without liability or damage in transitpenalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and failure to deliver within Buyer shall pay for the time estimated will not be a material breach REV 3 09.09.2024 units shipped whether such shipment is in whole or partial fulfillment of contract on Seller’s partBuyer's purchase order. b) Shipping cost will be added to the purchase order price and c. Masterack shall be paid by Xxxxx. Buyer shall pay, and be exclusively liable for, all costs of shipping, handling, delivery, and any related insurance. c) All claims by Buyer have no liability for damage, delay or loss or delays in transit shall be made by Buyer against of any Goods after delivery of the Goods to common carrier, and Seller shall have no responsibility regardless of whether Masterack charges Buyer for freight or obligations with respect to any pays for freight. Buyer acknowledges that all such claims for damage, loss, delay or delay. d) If Seller arranges transportation for Buyer, such arrangements shall be at Buyer's sole risk and expense, and transfer of title and risk of loss as specified above shall not be affected. Buyer shall pay any increase in transportation costs that are charged to Seller subsequent to its invoice to Buyer, including any fuel surcharges. From time to time, Seller may receive certain discounts and rebates from its freight carriers, which may be retained in whole or in part by Seller. e) All Products will be packed for shipment in accordance with Seller's standard practices. Seller reserves the right to adjust the quoted price for any unique or special requirements requested by the Buyer. If Seller ships Products in returnable containers or equipment, Buyer will promptly unload and return such containers and equipment in the same condition as delivered (normal wear and tear excepted) and within the tariff or contracted period free of demurrage or extra detention charges. All applicable demurrage or extra detention charges on such containers or equipment shall be for Buyer’s account including demurrage which occurs on any leased track or railroad property track and any switching charges. Buyer is responsible to inspect such containers and equipment for damage caused by the carrier and to promptly notify shall be made against the carrier and Seller of any damages foundonly.

Delivery and Shipping. (a) Seller will deliver Unless otherwise agreed by Windowcraft in writing, shipping, freight, handling, insurance and related costs are the Products within a reasonable time after receiving Buyer’s purchase order, subject to their availability. The delivery date provided by Seller for the Products is only an estimate and is based upon prompt receipt sole responsibility of all necessary information from Buyer. If arranged on behalf of Buyer causes Seller to delay shipment or completion of the Productsby Windowcraft, Seller shipping, freight, handling, insurance and related costs will be entitled “pre-paid and added” or otherwise invoiced to Buyer for each individual Order. Unless otherwise specified by Windowcraft, all shipping dates provided by Windowcraft at the request of Buyer are approximate. Unless otherwise specified by Buyer or agreed by the Parties, United Parcel Service (“UPS”) shall be the default carrier for the shipment of any Goods for any individual Order; provided, that, for large orders (exceeding fifty (50) shades or individual Goods, as determined by Windowcraft’s sole discretion) shall be automatically palletized and all direct costs shipped by freight carrier. Xxxxx understands and agrees that Buyer is liable and responsible for notifying Windowcraft of any conditions that may frustrate or prevent shipment and delivery, including but not limited to inability to receive shipments or delivery by freight carrier. (if anyb) resulting from the delay. Seller will Windowcraft shall not be liable or responsible for any delays, loss, or damage of any Goods in transit, and failure to deliver within the time estimated will not be a material breach of contract on Seller’s part. b(c) Shipping cost will be added to Unless otherwise agreed in writing by the purchase order price and Parties, delivery shall be paid by XxxxxF.O.B. Garden City Park, New York (the Shipping Point). (d) For each individual Order, Windowcraft shall make the Goods available to Buyer at the Shipping Point using Windowcraft’s standard methods for packaging and shipping such Goods. Buyer shall pay, and be exclusively liable for, all costs take the Goods or authorize shipping through the default shipping carrier or other agreed-upon shipping carrier within seven (7) days of shipping, handling, delivery, and any related insurance. c) All claims by Buyer for damage, loss or delays in transit shall be Windowcraft’s written notice that the Goods have been made by Buyer against available at the carrier, and Seller shall have no responsibility or obligations with respect to any such damage, loss, or delay. d) If Seller arranges transportation for Buyer, such arrangements shall be at Buyer's sole risk and expense, and transfer of title and risk of loss as specified above shall not be affectedShipping Point. Buyer shall be responsible for all loading costs and shipping costs reasonably suited for receipt of the Goods at the Shipping Point. (e) Windowcraft may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer for an individual Order. Each shipment will constitute a separate sale, and Buyer shall pay any increase in transportation costs that are charged to Seller subsequent to its invoice to Buyer, including any fuel surcharges. From time to time, Seller may receive certain discounts and rebates from its freight carriers, which may be retained for the units shipped whether such shipment is in whole or in part by Sellerpartial fulfillment of an individual Order. e(f) All Products will be packed for shipment in accordance with Seller's standard practices. Seller reserves the right to adjust the quoted price For each individual Order, if for any unique reason Buyer fails to take the Goods or special requirements requested by fails to authorize shipping through the default or other agreed- upon shipping carrier within seven (7) days of Windowcraft’s written notice that the Goods have been made available at the Shipping Point, or if the Goods are not delivered to Buyer due to the actions or inaction of the shipping carrier or because Buyer has not provided appropriate instructions, documents, licenses, or authorizations to Windowcraft and/or the shipping carrier: (i) the Goods shall be deemed to have been delivered and (ii) Windowcraft, at its option and if applicable, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, storage and insurance). (g) For each individual Order, a packing list shall accompany all shipments of Goods to Buyer. If Seller ships Products in returnable containers Buyer shall confirm the packing list against all received Goods from Windowcraft. Windowcraft is not responsible for lost or equipment, Buyer will promptly unload and return such containers and equipment in the same condition as delivered (normal wear and tear excepted) and within the tariff or contracted period free of demurrage or extra detention charges. All applicable demurrage or extra detention charges on such containers or equipment shall be for Buyer’s account including demurrage which occurs on any leased track or railroad property track and any switching chargesmissing Goods. Buyer is responsible to inspect such containers and equipment for damage caused shall accept all shipments of Goods by the carrier and to promptly notify carrier and Seller of any damages foundsignature.