DELIVERY & SHIPPING. All packages and packing lists must reference UTMB’s Purchase Order Number. Failure to do so may result in the shipment being rejected and/or a delay in payment. Time is of the essence and if delivery of conforming goods or performance of services is not completed by the time(s) promised, UTMB reserves the right, in addition to its other rights and remedies, to cancel the Contract, to reject non-conforming goods or services in whole or in part upon reasonable notice to Supplier, and/or purchase substitute goods or services elsewhere and charge Supplier with any losses incurred. If a delay in promised delivery is foreseen, Supplier shall give written notice to UTMB, and the delivery date may be extended in UTMB’s sole discretion. Supplier must keep UTMB apprised at all times of the status of the Contract. No substitutions or cancellations will be permitted without prior UTMB approval. Any provisions herein for delivery of goods or performance of services by installments shall not be construed as making the obligation of Supplier severable. All freight, transportation and handling charges must be prepaid by Supplier or paid through UTMB’s official Third Party Freight Program. C.O.D. shipments will not be accepted.
DELIVERY & SHIPPING. All packages and packing lists must reference UTMB’s Purchase Order Number. Failure to do so may result in the shipment being rejected and/or delay in payment. Time is of the essence in the Purchase Order and if delivery of conforming goods or performance of services is not completed by the time(s) promised, UTMB reserves the right, in addition to its other rights and remedies, to cancel the Purchase Order, to reject non-conforming goods or services in whole or in part on reasonable notice to Seller, and/or purchase substitute goods or services elsewhere and charge Seller with any loss incurred. If delay in promised delivery is foreseen, Seller shall give written notice to UTMB, and the delivery date may be extended by UTMB for valid reasons. Seller must keep UTMB advised at all times of status of Purchase Order. No substitutions or cancellations will be permitted without the prior written approval of UTMB Purchasing Department. Delivery shall be made only on weekdays from 8:00 a.m. to 5:00 p.m., unless prior approval for other delivery times has been obtained. Any provisions herein for delivery of goods or performance of services by installments shall not be construed as making the obligation of Seller severable. All freight, transportation and handling charges must be prepaid by Seller. Third party freight bills will not be accepted. C.O.D. shipments will not be accepted.
DELIVERY & SHIPPING. Unless otherwise agreed by Customer and Supplier, shipping terms shall be FOB Destination. Supplier, at no cost to Customer, shall ship goods via its designated common carrier and prepay the shipping costs. Title to goods, and risk of loss or damage, shall remain with Supplier until delivery, inspection and acceptance by Customer. Wherever the Agreement sets a time for the delivery of goods and services, time is of the essence. Supplier acknowledges that any failure to timely deliver goods and services shall constitute a material breach of this Agreement.
DELIVERY & SHIPPING. (a) Product shall be delivered [*], which means (a) when WuXi AppTec [*] at [*] and (b) risk and title to Product pass to Customer upon [*]. Transportation of Product, whether or not under any arrangements made by [*] on behalf of [*], shall be made at the sole risk and expense of [*].
DELIVERY & SHIPPING. (a) Time is of the essence of this agreement. The dates indicated by Buyer for the goods, material or work to be supplied or performed under this Purchase Order shall have the same importance as the price and quantity. Failure to meet agreed upon delivery shall be considered a breach of the agreement and Xxxxxx agrees to pay to Buyer an amount equal to the amount of any penalties or damages imposed upon or incurred by Buyer caused by Seller’s failure to deliver articles, materials, or perform work, in accordance with delivery schedules.
DELIVERY & SHIPPING. CTHE will cause a third party duplicator/distributor to ----------------- undertake direct distribution of all DVDs ordered by Netflix hereunder to [*] distribution centers (which shall be designated in writing by Netflix and which may only be changed upon 30 days prior written notice to CTHE). CTHE shall determine, in its sole discretion, to deliver DVDs either: [*]. Netflix shall be solely responsible for making all DVDs "rental ready." CTHE will use reasonable, good faith efforts to deliver all DVDS ordered by Netflix hereunder to Netflix's distribution centers 7 days prior to the applicable Street Date(s) for such DVDs.
DELIVERY & SHIPPING. 6.1 Unless provided for to the contrary, deliveries are deemed as having been made once the products are made available in the Seller’s plants or warehouses (Ex-works, ICC Incoterm in force on the date of the order).
DELIVERY & SHIPPING. Brocade will deliver Brocade Technology and Subscription to the Premises or other location designated by Customer on the applicable Subscription Schedule using a carrier of Brocade’s choice. Shipping dates are estimates only. If Brocade becomes aware that it will not be able to meet a delivery date, then: (i) it shall promptly notify Customer of the delay and its proposed solution and recovery plans, and (ii) shall expedite delivery of any such Brocade Technology, at its expense. Brocade may change or discontinue Brocade Technology at any time. A change in a Brocade Technology may occur after a Customer places an Order but before Brocade performs the Subscription. As a result, Brocade Technology Customer receives might display minor differences from the Brocade Technology ordered. However, the Brocade Technology will meet or exceed all material specifications of such Order.
DELIVERY & SHIPPING. These Goods shall be delivered to the Seller at (address) no later than (time) on (date), the “Delivery date.” The method of shipping shall be via (UPS, USPS or others) at the option of the (Retailer / Seller) and the costs thereof shall be born by (Retailer / Seller). The Retailer shall promptly inspect all Goods upon receipt and shall return to the Seller any defective Goods within (number) days thereof. Failure to inspect or return within the said period shall be deemed as a waiver of the Retailer’s right to reject or return the same.
DELIVERY & SHIPPING. Each item will be properly packaged, identified (Designation and batch number, expiry date if applicable), and shipped in accordance with the practice of carriers to ensure product integrity upon arrival. The type of packaging must take into account the constraints of the type of transport (air / sea / land). Unless otherwise stated, shipments will be made according to the Incoterm specified in the order. A waybill recalling the number and date of the order and the item code and the description of goods, the quantity delivered, must accompany each shipment. In the case of orders for raw materials, consumables or finished products, the certificate of analysis, the Safety Data Sheet, Declaration of Conformity must accompany the goods or will be submitted to the SELECTARC Purchasing Department before product delivery. Any product not accompanied by these documents will be considered non-compliant and will be deemed delivered only upon receipt thereof. The delivery date specified in the order is that of the arrival of supplies on SELECTARC premises. The arrival date of the goods being authoritative, will be that of their handling by SELECTARC's Receipt Department.
