Delivery and Warehousing Clause Samples
Delivery and Warehousing. Retailer will deliver boxes of un-Activated Products (the “Originally Packaged Products”), to the Blackhawk Distribution Centers. Blackhawk will use commercially reasonable means to ship the Originally Packaged Products (or in repacked cartons or “Inner Packs”) to Safeway. Safeway is responsible for shipping to Safeway Stores. While the Originally Packaged Products are stored at any Blackhawk Distribution Center or Safeway distribution center, such Products will remain in the unopened boxes or Inner Packs as originally packaged by Retailer or Blackhawk until opened as necessary to ship to Safeway Stores. Each distribution center must have in place commercially reasonable precautions designed to prohibit loss, theft, damage and destruction.
Delivery and Warehousing. (a) All deliveries of Products shall be ex works the place of manufacture of such Products. It shall be the responsibility of Thermo Optek or its respective Affiliate to arrange and pay for all transportation, insurance and other charges incurred after Thermo Vision's tender of the Products at such location.
(b) Upon agreement of the Parties and payment of any of Thermo Vision's expenses therefor, the Products may be delivered to Thermo Vision's warehouse facility for storage. Thermo Optek shall thereupon pay such storage and handling fees as are within the customary industry practice.
(c) The terms and conditions of Paragraphs 3(a) and (b) shall be reviewed by the Parties on an annual basis and are subject to change based on the mutual agreement of the Parties.
(d) Thermo Vision shall be responsible for preparing invoices and shipping documents for Thermo Optek or its respective Affiliate in respect of Products purchased hereunder; PROVIDED, HOWEVER, that Thermo Vision shall submit its invoice for Products no earlier than the date on which Thermo Vision (i) makes such Products available to a common carrier for pick up at such Product's place of manufacture or (ii) delivers such Products to Thermo Vision's warehouse facility for storage pursuant to the agreement of the Parties.
(e) Thermo Vision agrees to use reasonable efforts to meet the requested delivery dates set forth in accepted purchase orders, but does not warrant that any specified delivery date will be met. Thermo Vision assumes no responsibility or liability for any loss or damage incurred by Thermo Optek or its Affiliates by reason of a delay in a requested delivery date, inability to ship or any of the reasons set forth in Paragraph 5 below.
Delivery and Warehousing. RCC shall have the option of issuing Order(s) for Nortel to perform ‘last mile’ delivery and warehousing *** included in the Commitment *** as provided in Exhibit E. RCC shall issue such Order(s) to Nortel *** and Nortel shall ship such BTS(s) to a Nortel-managed warehouse facility as designated by Nortel. Nortel shall ship such BTS(s) from such warehouse facility to the RCC designated installation site *** provided that no special delivery is required. Beginning upon the Effective Date and for a period not to exceed *** from the date BTS(s) Products are first delivered to the Nortel-managed warehouse facility, which ever occurs later, (“Storage Period”) Nortel shall provide the Nortel-managed warehouse facility for collection and consolidation of the BTS(s). All BTS(s) initially shipped to the Nortel-managed warehouse facility must be delivered to the applicable installation site *** are first delivered to the Nortel-managed warehouse facility, whichever is later. If delivery of the applicable BTS(s) to the applicable installation site is delayed beyond such time period, RCC agrees to promptly remove the applicable BTS(s) from the Nortel-managed warehouse facility and deliver such BTS(s) to an RCC-managed warehouse facility designated by RCC. Title and risk of loss for the hardware of the BTS(s) initially delivered to the Nortel-managed warehouse facility shall pass from Nortel to RCC upon to an RCC-managed warehouse facility designated by RCC or delivery to such other location as designated by Customer, whichever occurs first.
Delivery and Warehousing. Customer shall be responsible for all freight, handling and insurance charges. Supplier shall select the carrier unless otherwise instructed by Customer. In no event shall Supplier have any liability in connection with shipment, nor shall the carrier be considered an agent of Supplier.