Common use of Delivery of Goods and Services Clause in Contracts

Delivery of Goods and Services. Time is of the essence and deliveries shall be made in quantities and at times specified in Buyer’s schedule on the face of or attached to the Purchase Order. Unless otherwise agreed in writing, all shipments shall be FOB Buyer’s destination, freight collect, and no partial shipments shall be accepted. Buyer’s part number and order number must appear on all shipping papers and invoices. Goods must (i) be suitably packed and prepared for shipment to secure lowest transportation rates, (ii) comply with Buyer’s requirements and packaging regulations, and (iii) be in accordance with all applicable statutes, rules and regulations. Unless expressly agreed by Buyer, no charges shall be allowed for packing, crating, or express freight. Seller shall use the most economical means for timely shipment, unless otherwise directed by Buyer. Seller shall be liable for excess transportation costs resulting from any deviation from Buyer’s instructions, if given. Shipping or receiving of any goods under this Purchase Order shall not constitute a waiver of any right or remedy of Buyer hereunder or at law or of any obligation of Seller to comply with any of the provisions hereof.

Appears in 4 contracts

Samples: Purchase Order Agreement, Purchase Order Agreement, Purchase Order Agreement

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