Delivery Quantities. 11.1 The Seller shall be permitted to make delivery in instalments, which shall be invoiced and paid for separately. The size of each instalment shall be determined by the Seller.
11.2 Where the Product is delivered in instalments, any claim by the Buyer in respect of one or more instalments shall not entitle the Buyer to treat the Agreement as a whole as repudiated.
11.3 The Seller shall not be obliged to supply Product:
11.3.1 in excess of any maximum supply quantities; or
11.3.2 in respect of Orders which do not meet any minimum supply quantities, which are notified to the Buyer by the Seller from time to time (whether such maximum or minimum supply quantities apply on an Order, monthly, annual or other basis).
11.4 The Seller is permitted to deliver up to 5% more or 5% less than the quantity ordered and the quantity delivered shall be deemed to be the quantity ordered. The Price shall be adjusted on a pro-rata basis in respect of any under or over delivery.
11.5 Where the Product is to be delivered in instalments, clause 11.4 shall also apply to each instalment.
11.6 If there is any dispute regarding the quantity of Product delivered, the Seller’s weights taken prior to dispatch shall prevail except in the case of manifest error.
Delivery Quantities. The Pipeline User irrevocably authorises the Tubridgi Parties during the Term to deliver through each Transmission Delivery Point whatever Gas is taken through that Transmission Delivery Point.
Delivery Quantities. Each Binding Purchase Order will be considered supplied in full if J&J Manufactures production batches of Product that would reasonably be expected to yield the quantities of Product ordered pursuant to the applicable Binding Purchase Order and all quantities of Product resulting therefrom are delivered; provided that, with respect to Third Party Manufactured Products, the terms of any applicable agreement or contract by and between the applicable Third Party Manufacturer, on the one hand, and J&J or Kenvue, on the other hand, shall govern with respect to determining whether a Binding Purchase Order will be considered supplied in full with respect to such Third Party Manufactured Products.
Delivery Quantities. 12.1 Delivery quantities will match with ordered quantities as closely as possible; however, wafer shipments will always be done in integer multiples of production batches for the sake of lot traceability. A production batch is currently [***] wafers. In large volume continuous production, batches of [***] wafers are preferred for better economy of scale. SMI will, whenever possible, place orders in integer multiples of production batches and TEMIC will deliver and invoice the actually accomplished number of wafers (normally +0/-10 % of batch size).
Delivery Quantities. 13.1 Delivery quantities will match with ordered quantities as closely as possible; [***] [***] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
Delivery Quantities. 11.1 Delivery quantities will match with ordered quantities as closely as possible; however, wafer shipments will always be done in integer multiples of production lots for the sake of lot traceability. A production lot is currently TBD (TBD) wafers. SMDI will, whenever possible, place orders in integer multiples of production lots and GCS will deliver and invoice the actually accomplished number of wafers.
Delivery Quantities. 9.1. The Supplier shall deliver the quantities “called-off/ordered”. Excess deliveries shall not be accepted.
9.2. All the named forecast figures are determined by Xxxxx in good faith. However, there shall be no obligation on the part of Xxxxx to “call-off” the quantities in the named target figures. Xxxxx shall provide the forecast figures for the next quarter at least once in each calendar quarter by no later than the last week of the second month. If no new forecast figures are provided, the last set of forecast figures provided shall continue to apply.
9.3. In case of any framework agreement, the Supplier is obliged to and is entitled to sell to Xxxxx that quantity of the Component actually emerge as a need at Xxxxx. If Xxxxx has several Suppliers for any Component to be delivered, the respective Supplier is entitled to cover the need of Xxxxx only in proportion to that share defined in the list of components.
9.4. Xxxxx reserves the right to procure any Component supplied by a Supplier also from other sources if there is an important reason for doing so, in particular, if an on- going supply of the respective Component in the defined quality cannot be ensured by the Supplier.
9.5. If the Supplier has to plan ahead for type bound materials exclusively for the manufacture of a Component for Xxxxx, such must be notified to Xxxxx in writing with details of the quantity before any such order is placed for the type bound materials. For this purpose the written form shall be sufficient.
9.6. If the contractual relationship is ended and the Supplier still has quantities of type bound materials for “call-offs” or any stock, which the Supplier has obtained having regard to section 9.5, Xxxxx shall have the right to either extend the term of the contract until such quantities are used up or to purchase such quantities at cost price upon presentation of the purchase invoice. This provision shall not apply in case of any extra ordinary termination (außerordentliche Kündigung) by Xxxxx as well as in case of termination by the Supplier.
Delivery Quantities. Quantities of Product actually shipped by GSK may vary from the quantities specified in any Purchase Order by up to [..**..] and still be deemed to be in compliance with such Purchase Order; provided, however, that Myogen will only be invoiced for the quantities that GSK actually ships pursuant to the Purchase Order (the "Actual Quantity").
Delivery Quantities. 11.1 The Seller shall be permitted to make delivery in instalments. The size of each instalment shall be determined by the Seller.
11.2 The Seller shall not be obliged to supply Product:
11.2.1 in excess of any maximum supply quantities: or
11.2.2 in respect of Orders which do not meet any minimum supply quantities,
11.2.3 which are notified to the Buyer by the Seller from time to time (whether such maximum or minimum supply quantities apply on an Order, monthly, annual or other basis).
11.3 The Supplier is permitted to deliver up to 5% more or 5% less than the quantity ordered and the quantity delivered shall be deemed to be the quantity ordered. The Price shall be adjusted on a pro-rata basis in respect of any under or over delivery.
11.4 Where the Product is to be delivered in instalments, clause 11.1 shall also apply to each instalment.
Delivery Quantities. Insofar as a contract for work and services is con- cerned, the Supplier is only permitted to deliver the quantity ordered by the Client. Deviating quantities shall only be accepted by the Client if this has been expressly agreed in writing. The Supplier undertakes to provide all necessary accompanying documents, consignment notes, supplier's declarations, in- spection records and other documents in good time at its own expense. If acceptance of the delivery depends on complete documentation, the Client shall not be in default of acceptance if the relevant docu- ments were not provided by the Supplier in good time or the Client no longer had reasonable time to examine them.
