Delivery of Products. 4.1 The Supplier shall ensure that:
(a) Products are properly packed and secured in such manner as to enable them to reach their destination in good condition;
(b) each delivery of Products is accompanied by a delivery note which shows the date of the Order, the Order number (if any), the type and quantity of Products (including the code number of the Products, where applicable), special storage instructions (if any) and, if the Products are being delivered in instalments, the outstanding balance of Products remaining to be delivered; and
(c) it states clearly on the delivery note any requirement for Ornua to return any packaging material for the Products to the Supplier. Any such packaging material shall only be returned to the Supplier at the cost of the Supplier.
4.2 The Supplier shall deliver the Products:
(a) to the location set out in the Order or such other location as the parties may agree which may include delivery to a carrier (Delivery Location); and
(b) on the date specified in the Order or, if no such date is specified, on a date agreed with Ornua in advance (Delivery Date). Delivery shall be on a Business Day during normal business hours, unless agreed otherwise with Ornua or otherwise instructed by Ornua.
4.3 Delivery of Products shall be completed when the Supplier unloads and stacks the Products at the Delivery Location, unless different delivery terms (or Incoterms®) are specified in the Order.
4.4 Ornua operates a “Just-in-Time” delivery system. Time shall be of the essence in relation to the Delivery Date and any agreed delivery time. If the Products are not delivered on time by the Supplier, clause 6.1 shall apply.
4.5 If the Supplier delivers more that the quantity of Products ordered, Ornua shall not be bound to pay for the excess and any excess shall be and shall remain at the Supplier’s risk and shall be returnable at the Supplier’s expense.
4.6 The Supplier shall not deliver Products in instalments without Ornua's prior written consent. Where it is agreed that Products are to be delivered in instalments, they may be invoiced and paid for separately. Failure by the Supplier to deliver any one instalment on time or at all or any defect in an instalment shall entitle Ornua to the remedies set out in clause 6.1.
4.7 Title and risk in the Products shall pass to Ornua on completion of delivery.
Delivery of Products. All shipments of Products shall be made either F.O.B. Destination or F.O.B. Shipping Point as designated in the Purchase Order.
Delivery of Products. Supplier shall deliver the subject of the contract referred to in point 1.1 within 6 weeks from the date of signing the contract. The Contractor shall attach to the Products their documentation or certificates and other documents required by law - if they are necessary and required to use the Products. The delivered equipment must be brand new (category I - unused), meet the technical and quality requirements specified by the manufacturer of the product and be placed on the market in accordance with the regulations in force in the Republic of Poland. The delivery date specified in point 2.1 is reserved for the benefit of the Contractor. This means that the Contractor may - after prior consent of the Ordering Party - deliver the Products also before the expiry of this period. Before collecting the Products, a person authorized by VIGO will check and verify them. In the absence of objections, the receipt of the Products will be confirmed by a delivery and acceptance protocol signed by the Employer, which will also be the basis for issuing an invoice and payment of remuneration, in accordance with the provisions of point 3 below (hereinafter referred to as: "Delivery and Acceptance Protocol"), the template of which is Annex No. 2 to this Agreement. In the event of XXXX's reservations or comments to the Products, VIGO shall present them to the Contractor who will be obliged, within the time limit set by the Ordering Party, to remove any non-compliance or defects of the delivered product. In such a situation, instead of the Delivery and Acceptance Protocol, Employer will sign a preliminary protocol in which VIGO's objections or comments to the Products will be specified (hereinafter referred to as: "Initial Protocol"). The Handover and Acceptance Protocol will be signed by the Parties only after the Contractor has removed any non-conformities or defects, in accordance with VIGO's reservations or comments. Filing the complaint regarding Product, and in particular signing by VIGO only Preliminary Protocol, does not create any VIGO’s responsibility for Supplier’s failure to meet lead time specified in point 2.1 above – keeping lead time – is Supplier’s sole responsibility. If Supplier does not meet the lead time, he shall be obliged to pay contractual penalty Under this agreement VIGO shall pay Supplier a remuneration in a total net amount of ______________(in words: _____________________________________________________00/100) (hereinafter referred to as “Remunera...
Delivery of Products. The Seller will accept the Products from the Consignor on a consignment basis only. The Consignor is solely responsible for the cost of delivering the Products to the Seller. All risk of loss or damage to the Products while those Products are in transit remains with the Consignor.
Delivery of Products. Microsoft will provision the Products based on the Customer information provided by Company. Company must provide Customers with the administrative log in credentials Microsoft provides for accessing the applicable Product. Upon receipt and acceptance of a valid order for Products, Microsoft will provision the Product for the benefit of the applicable Customer.
Delivery of Products. The following provisions apply under the provisions of Clause 4 in relation to the following countries of the Territory:
Delivery of Products. Time is of the essence for the delivery of Products under this PO. SELLER shall deliver Products in strict conformity with all requirements set forth in this PO, including any delivery schedule and shipping instructions. If SELLER does not make deliveries as specified on the face of this PO, BUYER reserves the right to cancel/and or purchase elsewhere and hold SELLER accountable for all reasonable excess costs and expenses incurred by BUYER. SELLER shall not substitute other items or revise specifications from those specified in the PO without the prior written consent of BUYER. SELLER shall notify the BUYER in writing of any proposed change to (i) the Product(s), including any proposed change to the manufacturing location or the manufacturing process of the Products or the potential closure of the applicable manufacturing facility, or (ii) the ownership of SELLER at least thirty (30) days prior to the shipment date of such Product(s). Unless otherwise expressly permitted in this PO or authorized in writing by BUYER, SELLER shall not deliver Product(s) more than five (5) days in advance of the delivery date specified in this PO. In the event of such an early shipment, BUYER may, at its sole discretion, either retain or return the Product(s) at SELLER’s expense. If BUYER elects to retain the Product(s), BUYER will not issue payment for such Product(s) until such time that payment would have been due if such Product(s) had been delivered in accordance with the scheduled delivery date.
Delivery of Products a) Whenever notified by the Buyer, the Seller shall deliver the Products to the Delivery Point in accordance with this Clause.
b) The Buyer shall provide to the Seller all reasonable assistance (including providing all information and granting access to the Buyer’s premises) so as to ensure the safe delivery of Products to the Delivery Point.
c) The Buyer shall, as soon as reasonably practicable after it becomes aware of the same, inform the Seller of any circumstances which affect, or will affect, its ability to receive or collect the Products in accordance with the Agreement.
Delivery of Products. If not otherwise agreed, delivery of the Products hereunder will be made on the basis FCA according to the most current version of INCOTERMS®, in effect at the date the Agreement enters into force. The risk of loss shall pass from the Seller to the Buyer as per agreed Incoterm clause.
Delivery of Products. (a) Supplier will provide to HQ documentation satisfactory to HQ to establish that the Products received by HQ were transported under conditions where their quality and safety were not compromised.
(b) Supplier agrees to transport all Products using a carrier selected by Supplier, which shall be required to operate in compliance with Supplier’s established standard operating procedures.
(c) When Products are available for shipment to HQ, a shipment notification shall be sent by Supplier, by facsimile or email to HQ at least 24 hours prior to shipment for each lot, outlining the projected delivery date and method, product code, lot number expiry date, quantity, and include a copy of Health Canada’s lot release, and the certificate of analysis which includes the date and place of manufacture of the Product and the quality control test results as well as their acceptable ranges.
(d) Supplier agrees to coordinate all importation of the Products into Canada and to be responsible for all costs associated with the delivery of the Products into Canada and to the Warehouse, including transportation, storage, customs, excise, duty and brokerage fees.
(e) The Products will be delivered by Supplier to the Warehouse. In the event that HQ changes the location of its Warehouse during the Term:
(i) where there are additional costs associated with the change of location, HQ shall be responsible for such additional costs associated with the delivery of the Products to the new location; or
(ii) where there is a decrease in cost associated with the change of location, HQ shall be entitled to a price reduction for such decrease in costs associated with the delivery of the Products to the new location. Such costs shall include transportation, storage, customs, excise, duty and brokerage fees incurred by reason of such change of location. In emergencies or other extenuating circumstances Supplier will, at the request of HQ, deliver Products to destinations other than the Warehouse. Any additional costs resulting from such change in delivery shall be the responsibility of HQ; unless said emergency and/or extenuating circumstances arise directly or indirectly from the actions, whether negligent or not, omissions or misconduct of Supplier, Supplier’s carrier or its permitted assigns. In this event, Supplier shall be liable for all such costs.
