Delivery; Storage. All deliveries shall be made in accordance with any timelines set out in the Agreement. Supplier shall not, however, be liable for delay due to causes beyond Supplier’s reasonable control and without its fault or negligence, provided, Supplier exercises reasonable diligence in notifying Customer of the conditions which are causing the delay. Title to and risk of loss of each Deliverable shall transfer from Supplier to Customer upon delivery of such Deliverable EXW Supplier’s facility (INCOTERMS 2010) (“Delivery”). Evidence of Delivery will be through the issuance of the completed certificate of analysis to Customer. Customer is responsible for transportation of the Deliverable to Customer’s final destination, at the sole risk and expense of Customer. For avoidance of doubt, Customer is responsible for arranging pick up by the carrier and all shipping costs and risks. Should Customer request Supplier to assist with any arrangements with the carrier, such arrangements will be made by Supplier on behalf of Customer in accordance with Customer’s applicable instructions and at the sole risk and expense of Customer. If Customer does not pick up a Deliverable upon Delivery by Supplier, Supplier shall store such Deliverable at Supplier’s facilities or third-party storage location for 30 days at no cost and, thereafter, at a monthly storage charge to Customer for the duration of storage, billed at Supplier’s (or third-party’s as applicable) then current standard monthly storage fees and minimums, pro-rated for any partial month. For all Deliverables stored by Supplier, Customer agrees that: (i) Customer has title and risk of ownership; (ii) Customer has made a fixed commitment to purchase such Deliverable; (iii) Customer is responsible for any decrease in market value of such Deliverable that relates to factors and circumstances outside of Supplier’s control; (iv) Customer is responsible for obtaining insurance for such Deliverable during the storage period, if desired; and (v) Customer is responsible for transportation of the Deliverable to Customer’s final destination, at the sole risk and expense of Customer.
Delivery; Storage. Regeneron will deliver the Regeneron Product DAP (INCOTERMS 2010) to Sponsor’s, or its designee’s, location as specified by Sponsor and agreed to by Regeneron (“Delivery” with respect to such Regeneron Product). Risk of loss for the Regeneron Product shall transfer from Regeneron to Sponsor at Delivery. All costs associated with the subsequent transportation, warehousing and distribution of Regeneron Product, including all importation or customs taxes or duties, shall be borne by Sponsor. Sponsor will: (a) take delivery of the Regeneron Product supplied hereunder; (b) perform the acceptance procedures allocated to it under the Clinical Supply Quality Agreement; (c) subsequently label and pack (in accordance with Section 9.6), and promptly ship the Regeneron Product to the Study sites, in compliance with cGMP, GCP and other Applicable Law and the Clinical Supply Quality Agreement; and (d) provide, at the reasonable request of Regeneron, the following information: any applicable chain of custody forms, in transport temperature recorder(s), records and receipt verification documentation, such other transport or storage documentation as may be reasonably requested by Regeneron, and usage and inventory reconciliation documentation related to the Regeneron Product.
Delivery; Storage. Title to and risk of loss of each batch of Product shall transfer from Supplier to Customer upon delivery of the batch EXW Supplier’s facility (Incoterms 2010) (“Delivery”). Evidence of Delivery will be through the issuance of the completed certificate of analysis to Customer. Customer is responsible for transportation of the batch to Customer’s final destination, at the sole risk and expense of Customer. For avoidance of doubt, Customer is responsible for arranging pick up by the carrier and all shipping costs and risks. Should Customer request Supplier to assist with any arrangements with the carrier, such arrangements will be made by Supplier on behalf of Customer in accordance with Customer’s applicable instructions and at the sole risk and expense of Customer. If Customer does not pick up Product upon Delivery by Supplier, Supplier shall store such Batch at Supplier’s facilities or third party storage location at a monthly storage charge to Customer for the duration of storage, billed at Supplier’s (or third party’s as applicable) then current standard monthly storage fees and minimums, pro-rated for any partial month. For all Product stored by Supplier, Customer agrees that: (i) Customer has title and risk of ownership; (ii) Customer has made a fixed commitment to purchase such Product; (iii) Customer is responsible for any decrease in market value of such Product that relates to factors and circumstances outside of Supplier’s control; (iv) Customer is responsible for obtaining insurance of such Product during the storage period, if desired; and (v) Customer is responsible for transportation of the Product to the Customer’s final destination, at the sole risk and expense of Customer.
Delivery; Storage. R-Pharm will deliver the Product to OV EXW (INCOTERMS 2010) at R-Pharm’s manufacturing facility as specified by OV in writing (“Delivery”). Risk of loss for the Product shall transfer from R-Pharm to OV at Delivery. All costs associated with the subsequent transportation, warehousing and distribution of Product shall be borne by OV. OV will: (i) take delivery of the Product supplied hereunder; (ii) warehouse and promptly ship the supplied Product to the Clinical Trial sites, in compliance with cGMP, cGCP and other Applicable Law ; and (iii) provide, from time to time at the reasonable request of R-Pharm, the following information to R-Pharm: any applicable chain of custody forms, in transport temperature recorder(s), records and receipt verification documentation, such other transport or storage documentation as may be reasonably requested by R-Pharm, and usage and inventory reconciliation documentation related to such Product.
Delivery; Storage. Upon expiration or termination of any Lease, the Manager shall, as appropriate, co-ordinate any required Re-Marking of the applicable Units and Manager shall arrange for storage of such Units (including, as appropriate, coordinating with the prior Lessee in the event such Lease contains provisions for the Lessee to store such Units for a period of time). If such Units are not being stored by such Lessee, the Manager shall select a storage facility for such Units with a view to minimizing the cost of such storage, while taking into account the fees charged by the facility, the transportation costs to the facility and the location of the facility in relation to the most likely location or operating requirements of a Lessee under a Replacement Lease for such Units.
Delivery; Storage. If materials are purchased or inventory held for Buyer’s order, Mesquite Tile & Flooring will hold the same for 60 days without further payment. After 60 days if it has not been accepted or installed, due to Buyer not being ready, payment of the balance of the selling price of the merchandise is due and payable at that time. Labor that has not been performed can remain payable upon installation. Non-payment in accordance with these terms will result in loss of deposit to the Buyer. In rare instances Mesquite Tile and Flooring may agree to store materials for a customer for a storage fee until a later installation date can be determined.
Delivery; Storage. Artist agrees to deliver and pack, transport and provide for the return of their artwork at their own risk and expense. Any unsold artwork not picked up within thirty (30) days of the agreed dates designated per the Gallery calendar shall be considered abandoned and shall become the sole property of the Gallery.
Delivery; Storage. 17.1 If the Purchaser requests the Company to store Goods or defer Delivery, the Company may, in addition to the Price, charge the Purchaser a fee for storage of the Goods.
17.2 If the Company is required to deliver the Goods to a place other than the Company’s nominated warehouse, then the cost of Delivery and all freight shall be payable by the Purchaser or charged to the Purchaser’s account.
17.3 Risk in the Goods passes to the Purchaser upon the Delivery of the Goods.
17.4 Whether or not risk has passed to the Purchaser, the Company shall to the fullest extent permitted by law, be under no liability in respect of any damage caused to or any deterioration of the Goods during transit.
17.5 A certificate signed by the Company’s representative confirming Delivery is conclusive evidence of Delivery as is any signed delivery docket.
Delivery; Storage. Title to and risk of loss of each Batch of API shall transfer to Customer upon Delivery. If Customer does not request Supplier to ship a Batch of API upon receipt of written notice from Supplier of the API’s availability to be shipped, Customer shall immediately provide a written request to Supplier to store the Batch of API using the form in Exhibit A and Supplier shall store such Batch at Supplier’s facilities or Third Party storage location under commercially reasonable storage conditions (e.g., appropriate temperature and/or humidity control, absence of potential contaminants) for [***] at no cost and, thereafter, at a monthly storage charge to Customer for the duration of storage, billed at Supplier’s (or Third Party’s as applicable) then current standard monthly storage fees and minimums, pro-rated for any partial month. For all API stored by Supplier, absent Supplier’s obligation to store the API under commercially reasonable storage conditions, Customer agrees that: (i) Customer has title and risk of ownership; (ii) Customer has made a fixed commitment to purchase such API; (iii) Customer is responsible for any decrease in market value of such API that relates to factors and circumstances outside of Supplier’s control; (iv) Customer is responsible for obtaining insurance for such API during the storage period, if desired; and (v) Customer is responsible for arranging transportation of the API to Customer’s final destination, at the sole risk and expense of Customer.
Delivery; Storage. (a) Any time or date for delivery stated by the Company in the Schedule shall be treated by the Customer as an estimate only. Whilst every effort will be made to despatch the Goods to arrive at the Customer on time, no liability can be accepted by the Company for failure to deliver within the stated times. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the Goods howsoever caused.
(b) The Company will accept no liability for shortage, damage to or non-delivery of Goods unless the Customer notifies the Company in writing within three business days of receipt of the Goods.
(c) If the Company fails to deliver the Goods for any reason other than any cause beyond the Company’s reasonable control or the Customer’s fault, and the Company is accordingly liable to the Customer to provide similar Goods to replace those not delivered such liability shall not exceed the price of the Goods contracted for. Furthermore, the Company shall not be liable for loss of profit or other consequential loss and its liability (whether in contract or otherwise) shall in no case exceed the price of the Goods in question.
(d) If for any reason the Customer cannot accept delivery of the Goods at the time when the Goods are due and ready for delivery the Company may store the Goods pending their actual delivery to the Customer. The Customer shall be liable to the Company for the costs (including insurance) of so doing. The Company will invoice the Customer for the Goods on the date the Goods are put into storage and the Company’s normal payment terms will apply. The Customer will notify the Company in writing the date when the Customer is ready to take delivery of the Goods at their premises as per the Schedule.
(e) Upon delivery of the Goods the Customer’s representative is solely responsible checking that the correct number of boxes are signed for as per the delivery documentation, including signing hand held devices presented by the delivery firm. The Company cannot accept any responsibility for any boxes or content missing upon installation by the Company. Any additional cost incurred to replace the content of the missing box or boxes will be at the Customer’s expense.
