Common use of Delivery Performance Clause in Contracts

Delivery Performance. Unless otherwise stated herein or on the Order, all Goods are to be shipped freight prepaid F.O.B. Seller’s factory. Buyer has the option to specify routing, carrier and shipment methods. Time is of the essence for this Order. One hundred percent (100%) on-time delivery in accordance with the Order delivery schedule is MANDATORY, and unless specifically authorized by the Buyer in writing, any deliveries received after the specified date will be considered delinquent. Where the delinquent delivery situation is determined to be the fault of the Seller, Seller shall be liable for the transportation costs, loss of production time, etc., or any other damages as a result of delinquency. Seller is responsible for ensuring on-time deliveries from its suppliers so as to ensure on-time delivery of the Goods to the Buyer. Seller shall not be excused from its delivery requirements due to the fault of its suppliers. In the event Seller’s Goods become delinquent, Seller must proactively provide regular delivery status reports in writing to the Buyer until the delinquent status is fully resolved to Buyer’s satisfaction and Goods are delivered complete to Buyer’s premises. At a minimum, Seller’s reports shall include the Goods part number(s), part description(s), Order number(s), past due quantity, current status of Goods, and projected ship dates. Reports shall be in Microsoft Excel format unless otherwise directed by Buyer. Buyer expects that such reports will be the exception, as 100% on-time delivery is required and expected. Early delivery by Seller is not permitted unless authorized in writing by the Buyer. Premium/Expedited shipping costs are not allowed unless authorized in writing by Buyer. Seller is responsible for the difference between premium/expedited shipping costs and standard shipping costs unless Seller obtains authorization in writing from Buyer to ship via premium/expedited shipping.

Delivery Performance. Unless otherwise stated herein 6.1 The Goods shall be properly packed and secured in such a manner as to reach their destination in good condition under normal conditions of transport having regard to the nature of the Goods and other relevant circumstances. The Seller shall off-load the Goods as directed by AstraZeneca. 6.2 The Goods shall be delivered or on the Services performed by the Seller at the time or within the period specified in the Contract or, if no such date is specified, delivery shall take place within 28 days of the Order. 6.3 The Goods shall be delivered to or the Services performed for AstraZeneca at the address specified in the Contract and in the manner specified in the Contract or as subsequently agreed in writing between the parties. 6.4 The Seller shall invoice AstraZeneca upon, all but separately from, despatch of the Goods are to AstraZeneca. 6.5 The Seller shall ensure that each delivery is accompanied by a delivery note which shows, inter alia, the order number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be shipped freight prepaid F.O.B. Seller’s factory. Buyer has the option to specify routing, carrier and shipment methods. delivered. 6.6 Time is of the essence for this Order. One hundred percent (100%) on-time delivery in accordance with the Order delivery schedule is MANDATORY, and unless specifically authorized by the Buyer in writing, any deliveries received after the specified date will be considered delinquent. Where the delinquent delivery situation is determined to be the fault of the Seller, Seller shall be liable for the transportation costs, loss of production time, etc., or any other damages as a result of delinquency. Seller is responsible for ensuring on-time deliveries from its suppliers so as to ensure on-time delivery of the Goods and performance of the Services shall be of the essence of the Contract. 6.7 Unless otherwise stipulated by AstraZeneca in the Order, deliveries shall only be accepted by AstraZeneca in normal business hours. 6.8 If the Seller requires AstraZeneca to return any packaging material to the BuyerSeller that fact must be clearly stated on any delivery note and any such packaging material will only be returned at the Seller's cost. 6.9 Where AstraZeneca agrees in writing to accept delivery by instalments the Contract will be construed as a single contract in respect of each instalment. Nevertheless failure by the Seller to deliver any one instalment shall entitle AstraZeneca at its option to treat the whole Contract as repudiated. 6.10 If Goods are delivered to AstraZeneca in excess of the quantities ordered AstraZeneca shall not be excused from its delivery requirements due bound to pay for the fault of its suppliers. In the event Seller’s Goods become delinquentexcess, Seller must proactively provide regular delivery status reports in writing to the Buyer until the delinquent status is fully resolved to Buyer’s satisfaction and Goods are delivered complete to Buyer’s premises. At a minimum, Seller’s reports shall include the Goods part number(s), part description(s), Order number(s), past due quantity, current status of Goods, and projected ship dates. Reports shall be in Microsoft Excel format unless otherwise directed by Buyer. Buyer expects that such reports which will be and will remain at the exception, as 100% on-time delivery is required Seller's risk and expected. Early delivery by Seller is not permitted unless authorized in writing by will be returnable at the Buyer. Premium/Expedited shipping costs are not allowed unless authorized in writing by Buyer. Seller is responsible for the difference between premium/expedited shipping costs and standard shipping costs unless Seller obtains authorization in writing from Buyer to ship via premium/expedited shippingSeller's cost.

Delivery Performance. Unless otherwise stated herein or on the Order, all Goods are to be shipped freight prepaid F.O.B. Seller’s factory. Buyer has the option to specify routing, carrier and shipment methods. Time is of the essence for this Order. One hundred percent (100%) on-time delivery in accordance with the Order delivery schedule is MANDATORY, and unless specifically authorized by the Buyer in writing, any deliveries received after the specified date will be considered delinquent. Where the delinquent delivery situation is determined to be the fault of the Seller, Seller shall be liable for the transportation costs, loss of production time, etc., or any other damages as a result of delinquency. Seller is responsible for ensuring on-time deliveries from its suppliers so as to ensure on-time delivery of the Goods to the Buyer. Seller shall not be excused from its delivery requirements due to the fault of its suppliers. In the event Seller’s Goods become delinquent, Seller must proactively provide regular delivery status reports in writing to the Buyer until the delinquent status is fully resolved to Buyer’s satisfaction and Goods are delivered complete to Buyer’s premises. At a minimum, Seller’s reports shall include the Goods part number(s), part description(s), Order number(s), past due quantity, current status of Goods, and projected ship dates. Reports shall be in Microsoft Excel format unless otherwise directed by BuyerXxxxx. Buyer expects that such reports will be the exception, as 100% on-time delivery is required and expected. Early delivery by Seller Xxxxxx is not permitted unless authorized in writing by the Buyer. Premium/Expedited shipping costs are not allowed unless authorized in writing by BuyerXxxxx. Seller is responsible for the difference between premium/expedited shipping costs and standard shipping costs unless Seller obtains authorization in writing from Buyer to ship via premium/expedited shipping.

Delivery Performance. Unless otherwise stated herein or on (a) Supplier shall ensure that units of Product(s) in Purchase Orders are available for delivery to Dot Hill upon the Order, all Goods are to be shipped freight prepaid F.O.B. Seller’s factory. Buyer has the option to specify routing, carrier and shipment methods. Time is issuance by Dot Hill of the essence for this Order. One hundred percent (100%) on-time delivery Demand Triggers in accordance with the Order provisions of the applicable Award Letter(s) and any Attachments thereto. Supplier shall also ensure that units of Product(s) maintained for Upside Support are available for delivery schedule is MANDATORY, to Dot Hill in accordance with the provisions of the Award Letter(s) and unless specifically authorized by the Buyer in writing, any deliveries received after the specified date Attachments thereto. (b) If Supplier anticipates that it will be considered delinquentunable to deliver the total quantity of Products ordered on the scheduled delivery date, Supplier shall notify Dot Hill promptly. Where Dot Hill may, at its sole option, accept partial delivery of the delinquent total quantity of Products ordered. If Dot Hill chooses to accept partial delivery, Dot Hill may, at its sole option and discretion: (1) reschedule the delivery situation of other units not included in such parties delivery or (2) if such partial delivery is determined due to be the fault of the Seller, Seller shall be liable for the transportation costs, loss of production time, etc., or any other damages Supplier and Dot Hill loses customer orders as a result of delinquency. Seller is responsible for ensuring on-time deliveries from its suppliers so as to ensure on-time delivery such delay, cancel the affected portion of the Goods order without any further obligation to the BuyerSupplier. Seller Any partial deliveries shall not be excused from its delivery requirements due to the fault of its suppliers. separately invoiced by Supplier. (c) In the event Sellerthat either Supplier fails to meet Dot Hill’s Goods become delinquentdelivery requirements contained in any Purchase Orders or fails to deliver Upside Support that Supplier is obligated to maintain for Dot Hill under the applicable Award Letter, Seller must proactively provide regular due to circumstances which are within the reasonable control of Supplier, then Supplier agrees to take measures, at Supplier’s expense, which may be reasonably necessary to produce and deliver Products to meet Dot Hill’s original delivery status reports in writing schedule. These measures may include the deployment of additional resources by Supplier to produce Products and/or the payment by Supplier of charges to expedite delivery to Dot Hill of such Products to the Buyer until the delinquent status is fully resolved extent necessary to Buyermeet Dot Hill’s satisfaction and Goods are delivered complete to Buyer’s premises. At a minimum, Seller’s reports shall include the Goods part number(s), part description(s), Order number(s), past due quantity, current status of Goods, and projected ship dates. Reports shall be in Microsoft Excel format unless otherwise directed by Buyer. Buyer expects that such reports will be the exception, as 100% on-time original delivery is required and expected. Early delivery by Seller is not permitted unless authorized in writing by the Buyer. Premium/Expedited shipping costs are not allowed unless authorized in writing by Buyer. Seller is responsible for the difference between premium/expedited shipping costs and standard shipping costs unless Seller obtains authorization in writing from Buyer to ship via premium/expedited shippingschedule.”

Delivery Performance. Unless otherwise stated herein or on the Order, all Goods are to be shipped freight prepaid F.O.B. Seller’s factory. Buyer has the option to specify routing, carrier and shipment methods. Time is of the essence for this Order. One hundred percent (100%) on-time delivery in accordance with the Order delivery schedule is MANDATORY, and unless specifically authorized by the Buyer in writing, any deliveries received after the specified date will be considered delinquent. Where the delinquent delivery situation is determined to be the fault of the Seller, Seller shall be liable for the transportation costs, loss of production time, etc., or any other damages as a result of delinquency. Seller is responsible for ensuring on-time deliveries from its suppliers so as to ensure on-time delivery of the Goods to the Buyer. Seller shall not be excused from its delivery requirements due to the fault of its suppliers. In the event Seller’s Goods become delinquent, Seller must proactively provide regular delivery status reports in writing to the Buyer until the delinquent status is fully resolved to Buyer’s satisfaction and Goods are delivered complete to Buyer’s premises. At a minimum, Seller’s reports shall include the Goods part number(s), part description(s), Order number(s), past due quantity, current status of Goods, and projected ship dates. Reports shall be in Microsoft Excel format unless otherwise directed by BuyerXxxxx. Buyer expects that such reports will be the exception, as 100% on-time delivery is required and expected. Early delivery by Seller is not permitted unless authorized in writing by the Buyer. Premium/Expedited shipping costs are not allowed unless authorized in writing by BuyerXxxxx. Seller is responsible for the difference between premium/expedited shipping costs and standard shipping costs unless Seller obtains authorization in writing from Buyer to ship via premium/expedited shipping.