Delivery of Goods and Performance of Services. (a) The Goods will be delivered within a reasonable time after the receipt of Xxxxx's purchase order. Seller shall not be liable for any delays, loss or damage in transit.
(b) Unless otherwise agreed in writing by the parties, Seller shall deliver the Goods as specified in the Quote (the "Delivery Point") using Seller's standard methods for packaging and shipping such Goods. Buyer shall take delivery of the Goods by methods as specified in the Quote. Buyer shall be responsible for all loading costs and provide equipment and labor reasonably suited for receipt of the Goods at the Delivery Point.
(c) Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Buyer's purchase order.
(d) If for any reason Buyer fails to accept delivery of any of the Goods on the date fixed pursuant to Seller's notice that the Goods have been delivered at the Delivery Point, or if Seller is unable to deliver the Goods at the Delivery Point on such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations: (i) risk of loss to the Goods shall pass to Buyer; (ii) the Goods shall be deemed to have been delivered; and
(iii) Seller, at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be liable for all related costs and expenses (including, without limitation, shipping, storage and insurance).
(e) Seller shall use reasonable efforts to meet any performance dates to render the Services specified in the Quote, and any such dates shall be estimates only.
(f) With respect to the Services, Buyer shall (i) cooperate with Seller in all matters relating to the Services and provide such access to Buyer's premises, and such office accommodation and other facilities as may reasonably be requested by Seller, for the purposes of performing the Services; (ii) respond promptly to any Seller request to provide direction, information, approvals, authorizations or decisions that are reasonably necessary for Seller to perform Services in accordance with the requirements of this Agreement; (iii) provide such customer materials or information as Seller may request and Buyer considers reasonably necessary to carry out the Services in a timely manner and ensure that such customer materials or information are complete and accurate in all mat...
Delivery of Goods and Performance of Services. 2.2.1. Contractor shall provide all Goods and perform all Services described in each Order.
2.2.2. Unless specifically agreed to otherwise in an Order, Contractor shall deliver all Goods under an Order in good, working and undamaged condition. All Goods shall be free on board (“F.O.B.”) destination to the location specified in the Order.
2.2.3. If a Good in an Order is out of stock, Contractor may only provide a substitute Good if it has notified the Purchasing Entity for that Order, in writing, that the Good is out of stock and has received the Purchasing Entity’s approval to provide the substitute Good. Purchasing Entities may request additional information comparing the substitute Good with the original Good in the Purchasing Entity’s sole discretion.
Delivery of Goods and Performance of Services. 4.1 Seller warrants: (
a) Goods are properly packed and secured in such manner to enable them to reach their destination in good condition;
Delivery of Goods and Performance of Services. Supplier acknowledges that time is of the essence with respect to Supplier’s obligations under this Agreement and that prompt and timely performance of all such obligations, including all performance dates, timetables, project milestones, and other requirements is strictly required. Supplier shall advise Mosaic upon receipt of the Order if it cannot meet the specified completion date or delivery date. Mosaic in its sole discretion may designate any reasonable alternative completion or delivery points to expedite Supplier’s performance. Supplier may not change the completion date or delivery date stated in the Order except as provided in Section 40 of these Terms and Conditions. If no completion date or delivery date has been specified in the Order, Supplier shall fill the Order promptly and select the most expeditious method of delivery. Supplier shall package Goods to prevent damage during shipping. On any shipment not accompanied by a packing slip, Xxxxxx’s count shall be accepted as final. The Order, including all warranty work, shall be subject to expediting and Vendor Quality Surveillance (“VQS”) by Mosaic or its designated representative. Mosaic shall be afforded free access during regular working hours to Supplier’s plants, and Supplier agrees to procure a similar right for Mosaic, for expediting and VQS purposes with respect to subcontractors and other suppliers. As required by Mosaic, Supplier shall supply schedules, progress reports, bills of material, unpriced copies of Supplier’s sub-purchase orders and subcontracts for Mosaic’s use and any other documentation required by Mosaic for expediting and VQS. Supplier shall notify Mosaic in writing of any actual or anticipated delays immediately upon discovery. Such notice shall include an estimated period of delay, cause and corrective actions being taken. Slippage in Supplier’s schedule may be deemed as reasonable grounds for concern in which event Mosaic may demand in writing that Supplier take the necessary actions to ensure that Supplier will perform on time. Failure to do so shall qualify as a breach of a material obligation by Supplier.
Delivery of Goods and Performance of Services. (a) Supplier shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “Delivery Date”). If Supplier fails to deliver the Goods in full on the Delivery Date, Purchaser may terminate this Agreement immediately by providing written notice to Supplier and Supplier shall indemnify Purchaser against any losses, claims, damages, and reasonable costs and expenses directly attributable to Supplier’s failure to deliver the Goods on the Delivery Date.
(b) Supplier shall deliver all Goods to the address specified in the Purchase Order (the “Delivery Point”) during Purchaser’s normal business hours or as otherwise instructed by Purchaser. Supplier shall pack all goods for shipment according to Purchaser’s instructions or, if there are no instructions, in a manner sufficient to ensure that the Goods are delivered in undamaged condition. Supplier must provide Purchaser prior written notice if it requires Purchaser to return any packaging material. Any return of such packaging material shall be made at Supplier’s risk of loss and expense.
(c) Supplier shall provide the Services to Purchaser as described and in accordance with the schedule set forth on the reverse side of these Terms and in accordance with the terms and conditions set forth in these Terms.
(d) Supplier acknowledges that time is of the essence with respect to Supplier’s obligations hereunder and the timely delivery of the Goods and/or Services.
Delivery of Goods and Performance of Services. 3.1 Supplier agrees to supply and deliver the Goods to Buyer and to perform the Services, as applicable, on the terms set out in the Agreement and/or Purchase Order.
3.2 Supplier shall, at its own expense, pack, load, and deliver Goods to the Delivery Point and in accordance with the invoicing, delivery terms, shipping, packing, and other instructions printed on the face of the Purchase Order or otherwise provided to Supplier by the Buyer in writing. No charges will be allowed for freight, transportation, insurance, shipping, storage, handling, demurrage, cartage, packaging, or similar charges unless provided for in the applicable Purchase Order or otherwise agreed to in writing by the Buyer.
3.3 Time is of the essence with respect to delivery of the Goods and performance of Services. Goods shall be delivered and Services performed by the applicable Delivery Date. Supplier must immediately notify Buyer if Supplier is likely to be unable to meet a Delivery Date. At any time prior to the Delivery Date, Buyer may, upon notice to Supplier, cancel or change a Purchase Order, or any portion thereof, for any reason, including, without limitation, for the convenience of the Buyer or due to failure of Supplier to comply with the Agreement, unless otherwise noted.
3.4 Title and risk of loss or damage shall pass to Buyer upon receipt of Goods at the Delivery Point, unless otherwise agreed to by the Buyer in writing. Buyer has no obligation to obtain insurance while Goods are in transit from Supplier to the Delivery Point.
3.5 Supplier shall follow all instructions of Buyer and cooperate with Buyer’s customs broker as directed by Buyer (including by providing requested shipping documentation) with respect to all Goods that originate from sources or suppliers based outside the Delivery Point.
Delivery of Goods and Performance of Services. (a) Seller shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “Delivery Date”). If Seller fails to deliver the Goods in full on the Delivery Date, Buyer may terminate this Agreement immediately by providing written notice to Seller and Seller shall indemnify Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to Seller’s failure to deliver the Goods on the Delivery Date.
(b) Seller shall deliver all Goods to the address specified in the Purchase Order (the “Delivery Point”) during Buyer’s normal business hours or as otherwise instructed by Buyer.
(c) Seller shall provide the Services to Buyer as described and in accordance with the schedule set forth on the Purchase Order and in accordance with the terms and conditions set forth in these Terms.
(d) Seller acknowledges that time is of the essence with respect to Seller’s obligations hereunder and the timely delivery of the Goods and Services.
Delivery of Goods and Performance of Services. 7.1. The Supplier shall deliver the Goods and perform the Services within the terms indicated in the Purchase Order. The Supplier acknowledges and accepts that the timeliness of delivery of the Goods and execution of the Services is of fundamental importance, and that therefore the delivery times and terms of execution agreed and indicated in the Order shall always be considered binding and essential in the interest of BI pursuant to Art. 1457 of the Civil Code and, with respect to these, early or late deliveries are not permitted, unless specifically and expressly approved in writing by BI.
Delivery of Goods and Performance of Services. Supplier acknowledges that time is of the essence with respect to Supplier’s obligations under this Agreement and that prompt and timely performance of all such obligations, including all performance dates, timetables, project milestones, and other requirements is strictly required. Supplier shall advise Mosaic upon receipt of the Order if it cannot meet the specified completion date or delivery date. Mosaic in its sole discretion may designate any reasonable alternative completion or delivery points to expedite Supplier’s performance. Supplier may not change the completion date or delivery date stated in the Order except as provided in Section 40 of these Terms and Conditions. If no completion date or delivery date has been specified in the Order, Supplier shall fill the Order promptly and select the most expeditious method of delivery. Supplier shall package Goods to prevent damage during shipping. On any shipment not accompanied by a packing slip, Xxxxxx’s count shall be accepted as final.
Delivery of Goods and Performance of Services. (a) Seller shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing by the parties (the “Delivery Date”). If Seller fails to deliver the Goods in full on the Delivery Date, BRAWO may terminate this Agreement immediately by providing written notice to Seller and Seller shall indemnify BRAWO against any losses, claims, damages, and reasonable costs and expenses directly attributable to Seller’s failure to deliver the Goods on the Delivery Date.
(b) Seller shall deliver all Goods to the address specified in the Purchase Order (the “Delivery Point”) during BRAWO’s normal business hours or as otherwise instructed by BRAWO. Seller shall pack all goods for shipment according to BRAWO’s instructions or, if there are no instructions, in a manner sufficient to ensure that the Goods are delivered in undamaged condition.
(c) Seller shall provide the Services to BRAWO as described and in accordance with the schedule set forth in the Purchase Order and in accordance with the terms and conditions set forth in these Terms.
(d) Seller acknowledges that time is of the essence with respect to Seller’s obligations hereunder and the timely delivery of the Products.
