DELIVERY - TRANSPORTATION. PACKAGING
7.1. Supplier shall use packaging suitable to the nature of the Goods and that guarantees the safety and integrity thereof until they are delivered.
7.2. Where there is no special stipulation in the Contract, (i) deliveries on the premises mentioned in the Contract shall be made “Delivered At Place” (“DAP” according to Incoterms®, ICC 2020) Purchaser’s destination set in the Order if the Parties are located in the same continent or geographical area or “Free Carrier” (“FCA” ICC Incoterms® 2020) Port set in the Order if the Parties are located in different continents or geographical areas, with the Goods packed, marked, loaded, lashed and secured in accordance with the Purchaser’s shipping, packing and marking instructions stated in the Contract (notwithstanding the provisions of applicable ICC Incoterms® 2020).
7.3. Any delivery of Goods shall be accompanied by the Supplier’s delivery note, dated, bearing references of the Contract and indicating in particular the details of the Goods delivered, the contents of the parcels therein, their gross and net weight, method of transportation, date of dispatch, as well as the rail wagon number or vehicle registration number if relevant. The Supplier shall send simultaneously, by separate letter, a copy of the document to the Purchaser's department that issued the Order.
7.4. The Supplier shall deliver as part of the Goods the Documentation as specified under Article 4.3.2 of these GPC.
7.5. Upon receipt of the Goodsand/or completionof the Services, the Purchaser may, at its sole discretion, inspect the same or any part thereof at that time or at any time thereafter. Any Purchaser inspection shall in no event relieve the Supplier from any liability nor imply the Purchaser’s acceptance of the Goods and/or Services.
DELIVERY - TRANSPORTATION. PACKAGING
7.1. Should there be no special stipulation relating thereto in the Contract, the Supplier shall, in all circumstances, use packaging suitable to the nature of the Goods and that guarantees the safety and integrity thereof until they are delivered.
7.2. Where there is no special stipulation in the Contract, (i) deliveries on the premises mentioned in the Contract shall be made “Delivered At Place” (“DAP” according to Incoterms®, ICC 2020) Purchaser’s destination set in the Order if the Parties are located in the same continent or geographical area or “Free Carrier” (“FCA” ICC Incoterms® 2020) Port set in the Order if the Parties are located in different continents or geographical areas, any costs to be borne by the Supplier with the Goods packed, marked, loaded, lashed and secured in accordance with the Purchaser’s shipping, packing and marking instructions stated in the Contract (notwithstanding the provisions of applicable ICC Incoterms® 2020).
7.3. Any delivery of Goods shall be accompanied by the Supplier’s delivery note, dated, bearing references of the Contract and indicating in particular the details of the Goods delivered, the contents of the parcels therein, their gross and net weight, method of transportation, date of dispatch, as well as the rail wagon number or vehicle registration number if relevant. The Supplier shall send simultaneously, by separate letter, a copy of the document to the Purchaser's department that issued the Order.
7.4. The Supplier shall deliver as part of the Goods the Documentation as specified under Article 4.3.2
DELIVERY - TRANSPORTATION. (a) Seller shall supply Buyer with Products from the terminals identified in the Confirmation or such other terminals as may be mutually agreed by Seller and Buyer. The sale of Products thereunder is FCA (Free Carrier) Seller's terminals specified in the Confirmation. If Seller should not own, lease, operate or control any of the terminals, or if Seller ceases for whatever reason to supply Products from any such terminal, then Seller shall have the right to change the terminal upon prior notice to Buyer. In such event, Buyer shall have the right to terminate the Confirmation as to the amount of Products that Buyer was purchasing from such prior terminal, or elect to have any purchase obligation established under a Confirmation reduced by the amount of Products scheduled to be delivered at such terminal; but all other obligations thereunder shall remain effective. Buyer shall nominate a carrier to receive the Products at each terminal and arrange for all transportation of Products from the terminal to Buyer's locations. All carriers nominated by Buyer must comply with the requirements of the terminal and must be pre- approved by the terminal operator to enter the terminal. Buyer agrees that the carriers' agreements between Buyer and carrier for petroleum transport shall include provisions requiring compliance with requirements of Seller and the terminal operator for entry to the terminals listed in the Agreement or Confirmation, including insurance requirements. Buyer's receipt of Products shall be made within the delivering terminal's usual business hours.
(b) Buyer shall make reasonable efforts to take ratable delivery of monthly volumes if set forth in the Confirmation at regular intervals during each month. Should Buyer fail to do so, Seller may, by written notice to Buyer, establish a ratable delivery schedule, by terminal, for Buyer, and Xxxxx agrees to adhere thereto until such time, if any, that Seller may cancel such delivery schedule. Failure by Buyer to adhere to such delivery schedules that Seller may establish shall constitute a breach of the Confirmation.
(c) All contracted Product gallons will be pulled to complete Confirmations, unless otherwise agreed upon by Xxxxx and Seller. Less than truckload quantities of such contracted gallons will be shipped with the balance rack gallons on the load. The rack portion will be invoiced based on the price from the terminal loaded from in effect on the on the date of shipment.
DELIVERY - TRANSPORTATION. SELLER SHALL SUPPLY BUYER WITH PRODUCTS FROM POINT OF DELIVERY LOCATIONS IDENTIFIED IN THE CONTRACT OR SUCH OTHER POINT OF DELIVERY LOCATIONS AS MAY BE MUTUALLY AGREED BY SELLER AND BUYER. THE SALE OF PRODUCTS THEREUNDER SHALL BE INCOTERMS “FCA” (FREE CARRIER) SELLER’S POINT OF DELIVERY LOCATION SPECIFIED IN THE CONTRACT. IF SELLER DOES NOT OWN, LEASE, OPERATE OR CONTROL TERMINALLING FACILITIES AT ANY OF THE POINT OF DELIVERY LOCATIONS, OR IF SELLER CEASES FOR WHATEVER REASON TO SUPPLY PRODUCTS FROM ANY SUCH POINT OF DELIVERY LOCATION, THEN SELLER SHALL HAVE THE RIGHT TO CHANGE THE POINT OF DELIVERY LOCATION UPON PRIOR NOTICE TO BUYER. IN SUCH EVENT, BUYER SHALL HAVE THE RIGHT TO TERMINATE THE CONTRACT AS TO THE AMOUNT OF PRODUCTS THAT BUYER WAS PURCHASING FROM SUCH PRIOR POINT OF DELIVERY LOCATION, BUT ALL OTHER OBLIGATIONS THEREUNDER SHALL REMAIN EFFECTIVE. BUYER SHALL NOMINATE A CARRIER TO RECEIVE THE PRODUCTS AT EACH POINT OF DELIVERY AND ARRANGE FOR ALL TRANSPORTATION OF PRODUCTS FROM SELLER’S POINT OF DELIVERY LOCATION TO BUYER’S LOCATIONS. ALL CARRIERS NOMINATED BY BUYER MUST COMPLY WITH THE REQUIREMENTS OF THE TERMINAL WHERE THE POINT OF DELIVERY IS LOCATED AND MUST BE PRE-APPROVED BY THE TERMINAL OPERATOR TO ENTER THE POINT OF DELIVERY LOCATION. BUYER AGREES THAT THE CARRIERS’ CONTRACTS BETWEEN BUYER AND CARRIER FOR PETROLEUM TRANSPORT SHALL INCLUDE PROVISIONS REQUIRING COMPLIANCE WITH REQUIREMENTS OF SELLER AND THE TERMINAL OPERATOR FOR ENTRY TO THE POINT OF DELIVERY LOCATIONS LISTED IN THE CONTRACT, INCLUDING BUT NOT LIMITED TO SAFETY AND INSURANCE REQUIREMENTS. BUYER’S RECEIPT OF PRODUCTS SHALL BE MADE WITHIN THE DELIVERING TERMINAL’S USUAL BUSINESS HOURS. ANY ADDITIONAL COSTS INCURRED DUE TO OVERTIME DELIVERY WILL BE SOLELY FOR BUYER’S ACCOUNT. CLEARANCE OF CARRIERS FOR ACCESS TO THE APPLICABLE DELIVERING TERMINAL SHALL BE AT ALL TIMES THE BUYER’S SOLE RESPONSIBILITY. BUYER AND OR ITS DESIGNATED CARRIERS SHALL BE SOLELY RESPONSIBLE FOR THE COORDINATION OF DELIVERIES WITH THE THIRD PARTY TERMINAL TO AVOID TRUCK DEMURRAGE, WHICH SHALL SOLELY BE FOR BUYER’S ACCOUNT. BUYER SHALL MAKE REASONABLE EFFORTS TO TAKE RATABLE DELIVERY OF MONTHLY VOLUMES SET FORTH IN THE CONTRACT AT REGULAR INTERVALS DURING EACH MONTH. SHOULD BUYER FAIL TO DO SO, SELLER MAY, BY WRITTEN NOTICE TO BUYER, ESTABLISH A RATABLE DELIVERY SCHEDULE, BY SELLER POINT OF DELIVERY LOCATION, FOR BUYER, AND BUYER AGREES TO ADHERE THERETO UNTIL SUCH TIME, IF ANY, THAT SELLER MAY CANCEL SU...
DELIVERY - TRANSPORTATION. For terminal deliveries, Seller shall supply Buyer with Products from the terminals identified in the Confirmation or such other terminals as may be mutually agreed by Seller and Buyer. The sale of Products thereunder is FCA (Free Carrier) Seller's terminals specified in the Confirmation. If Seller should not own, lease, operate or control terminaling facilities at any of the terminals, or if Seller ceases for whatever reason to supply Products from any such terminal, then Seller shall have the right to change the terminal upon prior notice to Buyer. In such event, Buyer shall have the right to terminate the Confirmation as to the amount of Products that Buyer was purchasing front such prior terminal, or elect to have any purchase obligation established under a Confirmation reduced by the amount of Products scheduled to be delivered at such terminal; but all other obligations thereunder shall remain effective. Buyer shall nominate a carrier to receive the Products at each terminal and arrange for all transportation of Products from the terminal to Buyer's locations. All carriers nominated by Buyer must comply with the requirements of the terminal and must be pre-approved by the Terminal Operator to enter the terminal. Buyer agrees that the carriers' agreements between Buyer and carrier for petroleum transport shall include provisions requiring compliance with requirements of Seller and the Terminal Operator for entry to the terminals listed in the Agreement or Confirmation, including insurance requirements. Buyer's receipt of Products shall be made within the delivering terminal's usual business hours.
DELIVERY - TRANSPORTATION. The transportation of the product to Saarioinen is to be accomplished with transportation equipment appropriate to the quality and conservation of the products. Saarioinen will notify the Supplier of the markings which the Supplier should note on each transportation unit and on the documents accompanying the delivery. The Supplier is obligated to deliver to Saarioinen all the documents required by the legislation in force for products delivered and additionally the documents mentioned in the purchasing contract. The Supplier shall bear the risk of damages for the products until they have been surrendered to the representative of Saarioinen in keeping with the agreed purchasing conditions. In deliveries an effort shall be made towards cost-effective transportation.
DELIVERY - TRANSPORTATION. (1) X undertakes to deliver the Contract Product Free Carrier (FCA – INCOTERMS 2000) Stuttgart by March 30, 2004. Y shall select and inform X of the name of a common carrier for delivery by March 30, 2004.
(2) If the delivery time limit is exceeded, Y shall be entitled to legal remedies only after Y has given X a reasonable time of cure. If the period to cure has expired without delivery being made, then Y may immediately terminate the agreement or claim damages as permitted by law and limited by paragraph (3) of this article.
DELIVERY - TRANSPORTATION. 1. Delivery and transport charges are based on one roundtrip movement of equipment to and from the same location. Delivery charges do not include driver waiting time while on site waiting to deliver or pick up equipment. Waiting time will be billed at $42.00 per 1/2 hour or portion of.
2. Roundtrip transport charges within Broward County will be charged at $500.00 per delivery.
DELIVERY - TRANSPORTATION. 4.1 Unless otherwise agreed by the Seller in writing, delivery shall occur DAP (Incoterms® 2020) at the delivery address designated in the Order permitted to receive the Products. Any and all risks of the Products' loss, damage or destruction shall pass from the Seller to the Buyer as from the time Products are put at the Buyer's disposal at the named place of delivery (irrespective of whether title to the Products remain as confidential and in compliance with the current applicable directives, regulations (including the GDPR) and laws. In the event, that the Buyer is transferring Personal Data which is not needed for fulfilment of the order nor with a legitimate interest, the following shall apply: (i) the Seller will delete such data, and (ii) the Buyer shall be fully responsible for indemnifying any third party claims, damage request or fines (including those of authorities), and Seller hereby rejects all responsibility related to such Personal Data.
DELIVERY - TRANSPORTATION. All sales and deliveries of Products shall be “EX-WORKS KONTRON’S AUTHORIZED SHIPPING POINT” as defined in INCOTERMS, ICC 2000, as amended. Client is responsible for all transportation, insurance, duties, taxes and other applicable expenses. These expenses shall be paid by Client and shall be added to Kontron’s invoice to Client if prepaid by Kontron Modular Computers SAS.
