Delivery. Delivery of all Contract items shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge
Appears in 2 contracts
Samples: Medical and Laboratory Supplies and Equipment Agreement, Agreement for Medical and Laboratory Supplies and Equipment
Delivery. Delivery of all Contract items shall be made The Seller shall, in accordance with Appendix Bthis Section 6, § 45deliver the Items to Purchaser on the date(s) indicated in the Purchase Order. If Seller anticipates that it will not deliver the Items on the date(s) indicated, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon Seller shall immediately notify Purchaser by the Authorized User’s Agency fastest available means, of the anticipated failure and Contractor and cthe anticipated actual delivery date. If Seller fails to make delivery of any part of the Items on the date(s) inside delivery can be pre-arranged. There shall be no charges for delivery except indicated in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order and per the terms of the Contract, the Purchaser may terminate the Purchase Order and/or the Contract and pursue other remedies. Without prejudice to the other rights of Purchaser, in case of delay in delivery from each Authorized Userthe due date the Seller shall be liable to pay liquidated damages amounting to 1.0% of the value of Items delivered late per week up to a maximum of 10% of the entire value of the Purchase Order. Orders In case of delay in delivery by more than four (4) weeks Purchaser reserves the right to purchase the Items from any other sources other than Seller and shall recover any additional costs incurred by Purchaser in this regard from Seller. Unless otherwise specified in the Purchase Order, all shipments shall be delivered within three (3) Business Days from F.O.B. to the time of receipt of order, except destination designated by Purchaser in the instances where Purchase Order, and title and risk of loss shall remain with Seller until the items being ordered require special handlingItems in a completed state are received by Purchaser, its agent or consignee regardless of whether or not Purchaser has made full payment for the Items. If an Authorized User requires an inside delivery (storeroom or desk)In case of local buy, it must clearly indicate Seller will intimate Purchaser by shipping notices at F.O.B. destination in advance. Other relevant shipping document copies should be submitted by Seller to Purchaser’s designated address mentioned in the Purchase Order. In case of imports, Seller will mail bills of lading and shipping notices directly to the F.O.B. destination on the day of shipment. Bills of lading shall indicate the relevant Purchase Order what inside delivery is required number. Purchaser may require adherence to its routing instructions, and the specific location where inside delivery is required any savings resulting from adherence to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders instructions shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery benefit of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargePurchaser.
Appears in 2 contracts
Samples: General Terms and Conditions of Purchase, General Terms and Conditions of Purchase
Delivery. Delivery The Purchase Order shall specify requested delivery dates. Seller shall ship products with appropriate lead-time such that Products arrive at Buyer's dock on or reasonably around the requested arrival dates (absent a Force Majeure Event); provided, that Seller shall notify Buyer if it has reason to believe that any particular shipment of all Contract items shall be made in accordance with Appendix BProducts may not arrive at Buyer's dock within ten (10) days after the requested arrival dates, § 45, Product Delivery it being agreed and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon understood by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in parties that the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions failure by Seller, on the Purchase Order from each Authorized User. Orders shall be delivered within more than three (3) Business Days from occasions with respect to any five (5) consecutive required delivery dates as set forth in Purchase Orders previously [***] Confidential information has been omitted and filed separately with the time of receipt of orderSecurities and Exchange Commission pursuant to a confidential treatment request. EXHIBIT 10.22 CONFIDENTIAL TREATMENT REQUESTED PURSUANT TO RULE 24B-2 CERTAIN PORTIONS OF THIS EXHIBIT HAVE BEEN OMITTED PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT UNDER RULE 24B-2 OF THE SECURITIES EXCHANGE ACT OF 1934. THE OMITTED MATERIALS HAVE BEEN FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION. delivered by Buyer and agreed upon by Seller, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is to deliver all units required to be made. delivered pursuant to such Purchase Orders upon any particular delivery date to Buyer's dock within the ten-day period following the respective delivery date (Authorized Users should use terminology provided the cause of such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery failure is required.) Delivery for items requiring special handling may be charged not attributable to Authorized Users. Orders shall be received a request by Buyer that Seller make modifications to one or more Products prior to delivery that would not otherwise have had to been made by Seller in order to deliver Products in accordance with § 2.15, Ordering. Special Delivery shall be expressed a then-effective Purchase Order) may result in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeBuyer terminating this Agreement under Section 2.2.
Appears in 2 contracts
Samples: Production Services Agreement (HeartWare LTD), Production Services Agreement (HeartWare LTD)
Delivery. Delivery of all (a) Purchase order delivery schedules must be strictly adhered to. early/late and/or over/under shipments to scheduled deliveries will not be tolerated. Any deviation to this policy, unless authorized by Xxxxx’s Authorized Procurement Representative, will result in material being returned at the Seller's expense. Buyer does not recognize any "Industry Shipping Tolerances." Seller shall strictly adhere to the shipment or delivery schedules specified in the Contract items and delivery shall be made by Seller at such times and places and of such items and quantities as Buyer may from time to time specify.
(b) In the event of any anticipated or actual delay, Seller shall: 3 (b) - Delivery (Cont.)
(i) Promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or minimize the delay;
(ii) Provide Buyer with a written recovery schedule; and
(iii) If requested by Xxxxx, ship via air or expedited routing to avoid or minimize delay to the maximum extent possible, unless Seller is excused from prompt performance as provided in -0807 ¶ 16, EXCUSABLE DELAYS. Seller will pay the difference between the method of shipping specified and the actual expedited rate incurred. The notification in (i) above shall be informational only in character and shall not be construed as a waiver by Buyer of any delivery schedule or date or of any Buyer’s rights or remedies provided by law or the Contract.
(c) Seller shall be responsible for any additional charges resulting from deviation from Buyer's routing instructions (See -0807 ¶ 4, PACKAGING AND SHIPPING, below).
(d) If Seller fails to make delivery promptly and regularly, as required under the Contract, Buyer may, in addition to other remedies available at law, terminate the Contract in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR-0807 ¶ 19," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge
Appears in 2 contracts
Samples: Purchase Order, Purchase Order
Delivery. Delivery (a) Upon completion of all Contract the construction of the Platform and the tests and trials as provided in the Specifications, Seller shall tender delivery of the Platform to Buyer. Prior to tendering delivery, Seller shall have remedied at Seller's sole cost and expense any defects discovered by Buyer or Seller in Seller's workmanship or materials including installation of Buyer Furnished Equipment or any other nonconformity of the Platform with the requirements of the Specifications and performed any retests necessary to ensure that such items have been fully corrected. Buyer shall accept such tender of delivery, and Buyer shall not have the right to refuse to accept delivery of the Platform provided the same is substantially completed and capable of being utilized by Buyer. Any remaining items shall be made in accordance with Appendix Bcompleted by Seller following delivery and prior to departure of the Platform from Seller's Yard, § 45, Product Delivery or Buyer and § 47, Contractor must offer (a) dock delivery, Seller may mutually agree on an appropriate reduction of the Contract Price for such remaining items.
(b) inside deliveryOn the Delivery Date, Buyer shall pay to Seller all amounts payable under this Agreement and Seller and Buyer shall execute and deliver a Protocol of Acceptance and Delivery acknowledging delivery of the Platform. Seller shall further deliver to Buyer a Xxxx of Sale confirming the conveyance of title to the Platform to the Buyer, which Xxxx of Sale shall (i) generally describe the Platform as a mobile, self-contained and elevating platform, (ii) contain a general warranty of title and freedom from liens (except as to matters arising by, through, or under Buyer) in favor of the Buyer, and (iii) be deemed to contain the additional warranties and covenants set forth in Section 11 hereinbelow without the necessity of making any reference to such warranties in the Xxxx of Sale. Seller shall also deliver to Buyer the remaining delivery documents set forth in the Specifications.
(c) inside Seller shall deliver the Platform along side Seller's dock at the Yard. Following delivery, Buyer shall have the right to dock the Platform at Seller's Yard for a period not to exceed fourteen (14) days, after which time the Platform must depart from Seller's Yard. During such post-delivery docking period, Buyer shall pay to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no Seller its standard charges for delivery except in the instance of special handling as noted in the paragraph belowshore power, potable water, and security guard service. Delivery shall All such charges must be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required paid by Buyer to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged Seller prior to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery departure of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days Platform from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeSeller's Yard.
Appears in 2 contracts
Samples: Platform Construction Agreement (Chiles Magellan LLC), Platform Construction Agreement (Chiles Offshore LLC)
Delivery. Delivery a. Any dates quoted for delivery of all Contract items the Products are approximate only and WG shall not be liable for any delay in delivery of the Products however caused. Time for delivery shall not be of the essence of any Contract. Any Products may be delivered by WG in advance of the quoted delivery date upon giving reasonable notice to Xxxxx.
b. Unless otherwise agreed in writing, delivery of the Products shall be made at WG’s premises upon notification to Buyer that such Products are ready for collection. Buyer shall be entitled to collect the Products any time thereafter on reasonable notice during WG’s normal business hours. WG shall have the right to assume that any person who both reasonably appears and claims to have the authority to accept and sign for delivery of the Products on behalf of Buyer does, in fact, have requisite authority from Buyer.
c. Claims for non-delivery of Products must be made in writing to WG within five (5) working days from the date of invoice. In the event WG should agree to deliver Products directly to Buyer’s customer any such delivery shall be deemed to be made to Buyer and any refusal by Xxxxx's customer to accept such delivery shall be deemed to be a refusal by Xxxxx.
d. Xxxxx agrees to accept partial delivery of Products ordered unless otherwise mutually agreed by the parties in writing. Where the Products are delivered in instalments, each delivery shall constitute a separate Contract. Failure by WG to deliver any one or more of the instalments in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery these Agreements or any claim by Buyer in respect of any one or more instalments shall not entitle Buyer to desk/bench top at no additional charge. Inside delivery and inside delivery treat a Contract as repudiated or to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. cancel any other instalment.
e. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required Buyer fails to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper take delivery of the product unless special Products or fails to give WG adequate delivery instructions are stated in its Purchase Order then, without prejudice to any other right or remedy available, WG may: (i) store the Products until actual delivery and charge Buyer for the reasonable costs thereof, including insurance costs; or (ii) terminate the Contract forthwith and sell the Products.
f. Buyer shall bear any and all costs (including original and return carriage costs) associated with any unjustified refusal of delivery of Products ordered pursuant to a Contract.
g. If there is a shortage of Products available to WG then WG may allocate any available Products between its buyers on the order by the Authorized Usersuch a basis as it deems appropriate. Authorized User must be informed In case of the additional cost prior foregoing, then Xxxxx agrees to delivery accept any Products delivered to it and agree in writing to shall pay the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy appropriate pro-rated portion of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice invoiced price for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeProducts.
Appears in 2 contracts
Samples: Sales Contracts, Sales Contracts
Delivery. Delivery (a) Contract delivery schedules and quantities are a material condition of all this Contract, and Seller’s failure to meet Contract items delivery schedules or quantities shall be made considered a material breach. Any shipments that deviate from the Contract delivery schedule are subject to the Buyer's rejection, and Seller will be responsible for the cost incurred by Buyer to store and/or to ship the Goods. Once Xxxxx gives notice of the rejection of the Goods, the risk of loss and damage to the Goods is with the Seller. Any acceptance of deliveries late to the Contract delivery schedule will not waive Buyer's rights.
(b) If Seller fails to make delivery in accordance with Appendix Bthe Contract delivery schedule, § 45Buyer will have the option of terminating this Contract in accordance with ¶ 19, Product Delivery TERMINATION FOR DEFAULT, or assessing 0.5% of the unit price per day, as liquidated damages and § 47, Contractor must offer not as a penalty. Any such liquidated damages shall start no sooner than the fifth (a5th) dock delivery, (b) inside deliveryday after the Purchase Order Promise Date or the Contract delivery schedule due date, and continue until and including the date on which the Good(s) are delivered to Buyer, not to exceed 20% of the unit price. Any liquidated damages assessed to Seller will be debited from Seller’s account and may be set off against any other amount owed to Seller by Buyer. For the avoidance of doubt, liquidated damages or termination are the agreed-upon remedies for delay, but are without limitation as to other remedies available to Buyer under the contract at law or equity for other breaches of contract.
(c) inside In the event of any anticipated or actual delay in meeting the Contract delivery schedule (if provided by Buyer), Seller shall:
(i) Promptly notify Buyer in writing of the reasons for the delay and the actions being taken to desk/bench top at no additional chargeovercome or minimize the delay;
(ii) Provide Buyer with a written recovery schedule; and
(iii) If requested by Xxxxx, ship via air or expedited routing to avoid or minimize delay to the maximum extent possible, unless Seller is excused from prompt performance as provided in ¶ 16, FORCE MAJEURE. Inside delivery and inside delivery to desk/bench Seller will be made solely responsible for paying the difference between the method of shipping specified and the actual air or expedited rate incurred.
(d) Any information provided by Seller regarding any anticipated or actual delay in meeting the Contract delivery schedule is informational only when and shall not be construed as a waiver by Buyer of any of Buyer’s rights or remedies provided by law or the delivery is aContract.
(e) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except Goods fabricated in the instance excess or in advance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Buyer's Purchase Order from each Authorized Useror blanket release are at Seller's risk unless otherwise authorized in writing by Buyer. Orders shall be delivered within three (3) Business Days from Buyer reserves the time right, without loss of receipt discount privileges, to pay invoices covering Goods shipped in advance of order, except in the instances where schedule of the items being ordered require special handlingnormal maturity after the date specified for delivery. If an Authorized User requires an inside Seller delivers Goods in advance of this Contract’s delivery (storeroom schedules or desk)blanket releases, it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to Buyer shall not be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make payment for the Goods sooner than on average, the second business day of the second month following this Contract’s delivery after receipt schedule due date. Buyer shall not be required to make payment for Goods which are delivered to Buyer in excess of the quantities specified in this Contract’s delivery schedules or blanket releases.
(f) Seller shall respond to any inquiries made by the Buyer within two (2) business days of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargerequest.
Appears in 2 contracts
Samples: Indirect Purchase Order Terms and Conditions, Indirect Purchase Order Terms and Conditions
Delivery. Time shall be of the essence in this Order. Delivery of all Contract items must be in strict compliance with the schedule contained in this Order and shall be made by Seller at such times and places and of such items and quantities as are specified by Perfekta. Perfekta may adjust the delivery schedule at its discretion without charge or expense to Perfekta. Goods fabricated in accordance excess or in advance of Perfekta’s requirements contained in this Order are at Seller’s risk. Perfekta reserves the right to return to Seller, at Seller’s expense, all Goods received more than seven (7) calendar days ahead of the required delivery date. Perfekta reserves the right, without loss of discount privileges, to pay invoices covering items shipped in advance of the schedule on the normal maturity after the date specified for delivery. If Seller fails to meet its scheduled delivery dates and Perfekta elects to call for expedited shipments, Seller will pay the difference between the method of shipping specified and the actual expedited rate incurred. Should Perfekta accept Goods which are not delivered on or before the required delivery date, which option Perfekta reserves, the Seller shall be liable for all additional costs incurred by Perfekta, because of such delay(s) including, but not limited to, telecommunication costs, additional or premium transportation charges, special handling expenses, damages incurred by Perfekta from its customer attributed to Seller’s failure to perform its obligations under this Order and costs to Perfekta, to use Goods out of normal manufacturing sequence or schedule, in addition to other remedies available by law to Perfekta. The Parties further acknowledge that the nature and actual amount of costs associated with Appendix Bdelivery delay are uncertain and difficult to calculate. Therefore, § 45Perfekta may choose, Product Delivery in its sole discretion, to require Seller to pay Perfekta liquidated damages. The parties acknowledge that such payments are not intended as a penalty, but are, in lieu of the actual damages measured by such costs. If Perfekta chooses to recover liquidated damages, they shall be equal to 1% of the value of the delinquent items per day of delay or a minimum of $100 for each item per day of delay. The parties agree this calculation represents a reasonable estimate of the additional costs to be incurred by Perfekta in connection with a delivery delay. Accumulation of liquidated damages will be subject to a grace period of five (5) days per item after which liquidated damages shall begin. Perfekta’s choice to recover such liquidated damages for delayed delivery on any one or more occasions shall not, however, preclude Perfekta from recovering the actual costs incurred because of delayed delivery on any other occasion. Title and § 47, Contractor must offer (a) dock risk of loss shall remain in Seller until Goods are delivered to Perfekta. Notwithstanding such delivery, (b) inside delivery, and (c) inside delivery Seller shall bear risk of loss or damage to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days Goods purchased hereunder from the time that Perfekta gives notice of rejection of Goods pursuant to the inspection provisions of this Order. If Seller encounters or anticipates difficulty in meeting the delivery schedule, Seller shall immediately notify Perfekta in writing, giving pertinent details; provided however, that the receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeinformation shall
Appears in 2 contracts
Samples: Purchase Order, Purchase Order
Delivery. Seller acknowledges that all terms as to quantity, quality, specifications, and time of delivery are material elements of this Order and must be strictly complied with. Time is of the essence with respect to delivery of goods covered by this Order. Delivery of all Contract items must be in strict compliance with the schedule contained in this Order and shall be made by Seller at such times and places and of such items and quantities as may be specified by KUKA ASSEMBLY AND TEST. KUKA ASSEMBLY AND TEST shall have no liability to Seller for goods delivered to KUKA ASSEMBLY AND TEST either later than the time, or in accordance with Appendix Bexcess of the quantities, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery specified which goods may be returned by KUKA ASSEMBLY AND TEST to desk/bench top Seller at no additional chargeSeller's cost. Inside delivery and inside delivery to desk/bench will be made only when Goods fabricated in excess or in advance of KUKA ASSEMBLY AND TEST's release are at Seller's sole risk. If Seller encounters or anticipates difficulty in meeting the delivery is a) feasibleschedule, b) Seller must immediately notify KUKA ASSEMBLY AND TEST in writing, giving pertinent details; provided, however, that the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There receipt of such data shall be no charges for information purposes only and shall not be construed as a waiver by KUKA ASSEMBLY AND TEST of any scheduled delivery except date or of any other rights or remedies provided by law or this Order. If Seller fails to make timely delivery of all or any portion of the goods covered by any Purchase Order, or if any of the goods delivered to KUKA ASSEMBLY AND TEST are defective or not in conformity with any Purchase Order, then KUKA ASSEMBLY AND TEST may retain all or any portion of the instance goods delivered and return, at Seller's sole cost and expense, those goods not retained- all without waiver of special handling as noted in any claim KUKA ASSEMBLY AND TEST may have against Seller for Seller's breach including, without limitation, the paragraph belowright to damages and the right to cancel any Purchase Order. Delivery shall be made in accordance with instructions on the A breach of either these Terms and Conditions or any Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time by Seller will also constitute a breach by Seller of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the any other Purchase Order what inside delivery is required between Seller and the specific location where inside delivery is required KUKA ASSEMBLY AND TEST entitling KUKA ASSEMBLY AND TEST, in addition to be made. (Authorized Users should use terminology any other remedies it may have, at law or in equity, to cancel such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etcother Purchase Orders., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge
Appears in 2 contracts
Samples: Purchase Order, Purchase Order
Delivery. Delivery All goods must be shipped at the most advantageous rates unless otherwise authorized in writing by the Buyer. Any additional expense in effecting delivery of all Contract items goods not so shipped will be charged to the Seller. Seller shall schedule shipment of goods to meet delivery dates provided in the purchase order and/or the releases, authorizations, or similar instructions issued by Buyer. Seller shall not, however, make material commitments or production arrangements in advance of reasonable flow time needed to meet Xxxxx’s delivery schedule. No claims shall be allowed for such advance effort in case of change or termination. Time is of the essence and shipments shall be made in strict accordance with Appendix BBuyer’s delivery schedule. Buyer reserves the right to return, § 45at Seller’s expense, Product Delivery all goods received in advance of delivery schedules or to hold the goods and § 47pay seller’s invoices on normal maturity after the scheduled delivery date. If the face of the purchase order does not specify the quantities, Contractor must offer or specifies the quantities as “blanket order”, “as released”, “as scheduled”, “as directed" or in another similar fashion, then in consideration for ten U.S. dollars (a) dock deliveryU.S. $10.00), (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance payment of special handling as noted in the paragraph below. Delivery which shall be made by Buyer upon the termination or non-renewal of this purchase order, Seller grants to Buyer an irrevocable option to purchase the goods or services in accordance with such quantities and on such delivery dates and times as indicated in the firm delivery or shipping releases, authorizations or similar written instructions issued by Buyer to Seller from time to time in reference to this purchase order, and Seller shall deliver such quantities on such dates and times, at the price and on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except other terms specified in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a this purchase order. Delivery shall ; provided, however, that in no event will the Buyer be the most economical method obligated to purchase more than Buyer’s requirements for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any eventgoods or services, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeas applicable.
Appears in 1 contract
Samples: Purchase Order
Delivery. Delivery of all Contract items shall Unless expressly specified in the Order, Seller will arrange shipment and ship the Goods to Buyer DAP (per Incoterms 2020) at Seller’s sole cost and expense. Unless otherwise stipulated Buyer may specify that the Goods be delivered in one or multiple shipments or through releases issued by Buyer from time to time. Deliveries must be made in accordance with Appendix Bto the location set forth on the Order, § 45or any subsequent written directions issued Buyer. Time of delivery of the Goods is of the essence. Seller is required to achieve 100% on time delivery. Seller shall give written notice of shipment to Buyer when the Goods are delivered to a carrier for transportation. Seller shall provide Buyer all shipping documents, Product Delivery and § 47including the commercial invoice, Contractor must offer (a) dock delivery, (b) inside deliverypacking list, and (c) inside delivery any other documents necessary to desk/bench top at no additional charge. Inside delivery and inside delivery release the Goods to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered Buyer within three (3) Business Days from business day(s) after Seller delivers the time of receipt of orderGoods to the transportation carrier. The Order number must appear on all shipping documents, except in shipping labels, invoices, correspondence and any other documents pertaining to the instances where the items being ordered require special handlingOrder. If Seller has knowledge that delivery may be delayed, Seller will immediately give Buyer written notice and take any remedial measures as directed by Xxxxx at Seller’s cost (unless the late delivery is due to a “Force Majeure Event” as defined below). Delivery is deemed to be complete once Buyer actually receives and accepts the Goods. Acceptance of any part of an Authorized User requires an inside delivery (storeroom order will not bind Buyer to accept future shipments nor deprive Buyer of the right to return Goods already accepted. Buyer shall not be obligated to accept goods in excess of or desk), it must clearly indicate less than the quantity indicated on the Purchase Order what inside delivery is required Order. Title to the Goods shall pass to Buyer upon Xxxxx’s physical receipt and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery acceptance of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice Products together with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeall required documents.
Appears in 1 contract
Samples: Purchasing Terms and Conditions
Delivery. Delivery Seller shall deliver the Technology, and Records to Purchaser on the Effective Date. Any of all Contract the Transferred Assets (including Software) that can be transmitted to Purchaser electronically will be so delivered to Purchaser on the Effective Date by means of an electronic transfer to a computer designated by Purchaser at a mutually agreed time and, at Purchaser's election, in the presence of a representative of Purchaser at Seller's site to verify the accuracy and completeness of the transfer of such Transferred Assets. If Purchaser notifies Seller within ten (10) calendar days after the date of the electronic transfer that any of the files to be transferred have not be received by Purchaser or were corrupted, altered, or destroyed in the course of such transfer, then the electronic transfer of such files from Seller to Purchaser will be repeated until either the transfer is successful or Purchaser instructs Seller to deliver such files to Purchaser on tangible media (in which case Seller shall promptly deliver such files to Purchaser on tangible media as instructed by Purchaser). Promptly following any electronic transmission, Seller shall execute and deliver to Purchaser a certificate in a form reasonably acceptable to Purchaser and containing the following information: (a) the date of transmission; (b) the time the transmission was commenced and concluded; (c) the name of the individual who made the transmission; (d) the signature of such individual; and (e) a general description of the nature of the items transmitted sufficient to distinguish the transmission from other transmissions. Seller shall be made provide such other information concerning the Technology as Purchaser may reasonably request in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside Purchaser's instructions. Seller shall not delivery any tangible embodiments of Transferred Assets that are successfully delivered to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made Purchaser electronically in accordance with instructions on the Purchase Order from each Authorized Userthis Section 2.2. Orders shall be delivered within three (3) Business Days from the time of Upon Seller's receipt of ordera confirmation from Purchaser verifying Purchaser's receipt of the Technology and Records, Seller shall destroy all copies of the Technology and Records remaining in its possession (except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required for object code necessary to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received provide support in accordance with § 2.15Section 5.2.3 hereof) and, Ordering. Special Delivery within five (5) days thereof, Seller shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice provide Purchaser with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when certification stating that all such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargecopies have been destroyed.
Appears in 1 contract
Samples: Assignment Agreement (Network 1 Security Solutions Inc)
Delivery. 5.1 Delivery of all Contract items shall be made EX-works (Incoterms®2010) unless stated otherwise on the order acknowledgement and/or invoice.
5.2 The Seller shall be entitled to deliver the Goods in accordance with Appendix Binstalments in which case each instalment shall be treated as an entirely separate Contract and any default or breach by the Seller in respect of any such instalment shall not entitle the Purchaser to cancel any other instalment or treat the Contract as a whole as repudiated.
5.3 Delivery dates must be regarded as approximate only and, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench whilst all reasonable efforts will be made only when to avoid delay, the delivery is a) feasibleSeller does not accept liability for any loss, b) cost or expense, whether direct or indirect arising from such delay.
5.4 Time lost due to strikes, blackouts, any Act of God, war and hostilities, any act of terrorism, riot, civil commotion, revolution, blockade, embargo, industrial or trade dispute, fire, explosion, flood, adverse weather conditions, disease, accident to or breakdown of plant or machinery, shortage of any labour, material, transport, electricity or any other supply or any other event beyond the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery control of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may Seller shall be added to the invoice delivery time specified in the Contract.
5.5 Failure to make one delivery shall not vitiate the Contract as to other subsequent deliveries.
5.6 The Purchaser undertakes to accept delivery as and when notified by the Seller that the Goods may be delivered and, in the event that the Purchaser directs the Seller to retain the Goods after such date, the Purchaser will pay the purchase price in full in accordance with a copy Condition 4 and, in addition, such charge for storage as the Seller may think appropriate and the Goods shall be stored by the Seller at the risk of the freight xxxx. Dry ice charges will only Purchaser.
5.7 The Purchaser shall not be allowable entitled to reject the Goods if the Seller delivers up to and charged to Authorized Users including 10% more or less than the manufacturer determines quantity of the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged Goods ordered.
5.8 Goods delivered to the Authorized Users when Purchaser which are in accordance with the shipper assesses a hazardous materials charge based on Contract may at the itemSeller’s composition. Overnight service charges will only sole discretion be allowable and charged accepted for return to the Authorized User Seller if the Authorized User requests overnight delivery when Seller is notified of the item could be delivered proposed return within (3) Business Days from 30 days of the time of receipt of orderGoods being delivered. In any event, delivery The Purchaser shall be liable to pay 50% of the most economical method invoice price plus the applicable VAT, packaging costs, restocking charges and the Authorized User must be informed costs of the additional cost prior to delivery and agree in writing carriage to the additional chargePurchaser (if any). Expedited, overnight delivery air service when standard delivery service is available and The costs of returning the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged Goods to the Authorized Users when such delivery is requested Seller shall be borne by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargePurchaser.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Delivery. Delivery 9.1 Subject to receipt of all Contract items amounts payable by the Buyer (whether under the Agreement or otherwise) due before delivery, the Seller shall be made deliver the Product, and the Buyer shall take delivery of the Product, in accordance with Appendix B, § 45, Product Delivery the Order and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made otherwise in accordance with instructions on the Purchase Order from each Authorized User. Orders this clause 9.
9.2 The method of delivery shall be delivered within three (3) Business Days from the time of receipt of order, except as specified in the instances where Order. Where the items being ordered require special handling. If an Authorized User requires an inside Order does not stipulate a delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any eventterm, delivery shall be FCA Seller’s premises, Wilton International (Incoterms 2010).
9.3 Delivery shall take place on the most economical method and the Authorized User must be informed earliest to occur of any of the additional cost prior following, as appropriate to the provisions of the Order:
9.3.1 the Seller giving to the Buyer, or any other person having apparent authority to receive the Product on behalf of the Buyer, custody of the Product, and in default of any such person being present at the relevant time, the Seller may effect delivery and agree by leaving the Product at the delivery address identified in the Order;
9.3.2 the Seller agreeing in writing to hold the additional charge. Expedited, overnight delivery air service when standard delivery service Product on behalf of the Buyer or its nominee; or
9.3.3 the Seller giving any carrier engaged by the Seller custody of the Product for the purposes of carriage to the Buyer.
9.4 It is available and a condition of the item(s) could be delivered within (3) Business Days from Agreement that the time of Buyer receives or arranges for the receipt of order will only be allowable the Product when delivery is effected by the Seller and charged shall provide all necessary labour, materials and plant, prepare the site and procure all licences and other authorisations required for the Seller or the carrier (as appropriate) to effect delivery in accordance with this clause 9.
9.5 If the Buyer fails to take delivery of the Product, the Seller may store the Product at the risk and cost of the Buyer.
9.6 Where the Product is delivered in bags rather than in bulk, the Buyer shall unload the Product and shall provide all necessary equipment and labour to do so.
9.7 The Seller may discontinue deliveries on any Product, the manufacture, sale or use of which in its opinion would involve patent infringement.
9.8 The Buyer shall promptly unload, release and return to the Authorized Users when such delivery is requested Seller all returnable materials and transportation equipment so that no related expense or loss shall be incurred by the Authorized UserSeller. The Authorized User must be informed of the additional cost prior Buyer shall assume all liability including demurrage with respect to delivery such returnable materials and agree in writing to the additional chargeequipment, including packaging.
Appears in 1 contract
Samples: Terms of Sale
Delivery. Delivery 30.1 If you for any reason anticipate that deliveries of all Contract items Products, Deliverables and/or Services shall not be made as required by this PO, you shall immediately give GE written notice setting forth the cause(s) of the anticipated delay. If delay or inability to perform arises from interruption of supply or scarcity of raw materials or parts used by you, GE’s orders shall be made given priority in accordance production scheduling. GE reserves the right, without liability, to take any or all of the following actions if for any reason you do not substantially comply with Appendix Byour Product, § 45Deliverables and/or Services delivery obligations: (i) assess a late delivery fee of no more than 1.0% per day of the invoice amount of late deliveries of Products, Product Delivery Deliverables and/or Services; (ii) submit a revised PO; (iii) terminate this PO in whole or in part and § 47purchase the Products, Contractor must offer (a) dock delivery, (b) inside deliveryDeliverables and/or Services elsewhere, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There you shall be no charges liable for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three any resultant costs; (3iv) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree direct you in writing to ship by a method other than that indicated in this PO, work such overtime or do whatever is necessary to avoid the additional chargedelay, and pay any and all transportation charges, concessions to GE’s customers, liquidated damages, and any other costs and expenses incurred by GE; or (v) seek specific performance of your obligation to deliver. Shipping The foregoing is in addition to all other rights or remedies available to GE at law or in equity.
30.2 You shall use only GE-approved carriers and forwarders for transportation of Products and Deliverables. You shall reimburse GE for all costs must be prepaid and expenses incurred by the vendor reason of shipment by method or carrier not approved by GE in writing and may be added in advance.
30.3 Unless otherwise stipulated in writing by GE, title to the invoice with a copy and risk of loss of the freight xxxxProducts shall pass to GE at the destination designated by GE or GE’s designee, upon completion of delivery and you shall bear the risk of loss of the Products until such delivery. Dry ice charges will only be allowable and charged If the Products are to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from in installments, title to each installment shall pass in the time of receipt of order. In any event, delivery same way as provided in this PO.
30.4 The Products shall be suitably packed and/or protected for shipment and transportation, the most economical method cost for which shall be borne by you or your representative. Each package shall bear GE’s order number and be accompanied by a readily accessible packing note detailing the Authorized User must be informed of contents and conforming with any applicable importation regulations. Your failure to comply with the additional cost prior shipping and transportation instructions or to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested provide sufficient packing shall render you liable for any resulting damage and/or expense incurred by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeGE.
Appears in 1 contract
Samples: Purchase Order
Delivery. Delivery of all Contract items 9.1 Shipping and delivery arrangements shall be made as defined by the latest version of INCOTERMS in accordance with Appendix Bthe Purchase Orders. Unless otherwise stipulated in the Purchase Orders or specifically requested by the Purchaser in writing, § 45deliveries shall only be accepted by the Purchaser during normal business hours. Unloading shall only take place under the direction and in the presence of the Purchaser, Product Delivery its servants and/or agents.
9.2 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 § 47contents thereof and, Contractor must offer in the case of part delivery, the outstanding balance remaining to be delivered.
9.3 Time for delivery shall be of the essence. Without prejudice to any remedy listed in Condition 6, if the Goods are not delivered on the due date then, without prejudice to any other rights which it may have, the Purchaser reserves the right to:
(a) dock delivery, rescind and/ or otherwise repudiate the Contract in whole or in part;
(b) inside deliveryrefuse to accept and to pay for the Goods, and as well as any subsequent delivery of the Goods;
(c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when recover from the delivery is a) feasible, b) the delivery location is mutually agreed upon Seller any expenditure reasonably incurred by the Authorized User’s Agency and Contractor and cPurchaser in obtaining the Goods or similar Goods in substitution from another supplier; and
(d) inside delivery can be pre-arranged. There shall be no charges claim damages for delivery except in any additional costs, loss or expenses incurred by the instance Purchaser which are attributable to the Sellers’ failure to deliver the Goods on the due date, with a minimum claim of special handling as noted in 3% of the paragraph below. Delivery shall be made in accordance with instructions on value of the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from per week of delay.
9.4 Where the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree Purchaser agrees in writing to accept delivery by instalments the additional chargeContract shall construed as a single contract in respect of each instalment. Shipping costs must be prepaid Nevertheless the delay or failure by the vendor and may be added Seller in delivering any one instalment shall entitle the Purchaser at its option to treat the whole Contract as repudiated.
9.5 If the Goods are delivered to the invoice with a copy Purchaser in excess of the freight xxxx. Dry ice charges will only quantities ordered, the Purchaser shall not be allowable bound to pay for the excess and charged any excess shall be and shall remain at the Seller’s risk and shall be returnable at the Seller’s expense.
9.6 The Purchaser shall not be deemed to Authorized Users have accepted the manufacturer determines the item(s) need Goods until it has had 7 days following delivery to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of orderinspect them. In addition to any eventother remedy available, delivery the Purchaser shall be have the most economical method right to ask for the return and the Authorized User must be informed replacement of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered any defective Goods after inspection or within (3) Business Days from the a reasonable time after it becomes aware of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargea latent defect.
Appears in 1 contract
Samples: Purchase Agreement
Delivery. Delivery of all Contract items 12.1. The Cargo shall be made deemed to be delivered when it has been delivered to or placed at the disposal of the Merchant or its agent in accordance with Appendix Bthis Non-Negotiable Bill of Lading, § 45or when the Cargo has been delivered to any authority or other party to which, Product Delivery and § 47, Contractor must offer (a) dock pursuant to the law or regulation applicable at the place of delivery, (b) inside the Cargo must be delivered, or such other place at which the Carrier is entitled to call upon the Merchant to take delivery.
12.2. The Carrier shall also be entitled to store the Cargo at the sole risk of the Merchant, and (c) inside delivery to deskthe Carrier's liability shall cease upon the Carrier’s tender/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on Cargo to the order appointed warehouse or storage facility. The cost of such storage shall be paid, upon demand, by the Authorized UserMerchant to the Carrier.
12.3. Authorized User must If at any time the Carriage under this Non-Negotiable Bill of Lading is or is likely to be informed affected by any hindrance or risk of any kind (including the condition of the additional cost prior to delivery and agree in writing to Cargo) not arising from any fault or neglect of the additional charge. Shipping costs must Carrier or a Subcontractor that cannot be prepaid avoided by the vendor and may be added to exercise of reasonable diligence, the invoice with a copy Carrier may: abandon the Carriage of the freight xxxx. Dry ice charges will only Cargo under this Non-Negotiable Bill of Lading and, where reasonably practicable, place the Cargo or any part of it at the Merchant's disposal at any place that the Carrier may deem safe and convenient, whereupon delivery shall be allowable deemed to have been made, and charged to Authorized Users the manufacturer determines responsibility of the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time Carrier in respect of receipt of ordersuch Cargo shall cease. In any event, delivery the Carrier shall be the most economical method entitled to full freight under this Non-Negotiable Bill of Lading and the Authorized User must be informed Merchant shall pay any additional costs arising out of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeaforementioned circumstances.
Appears in 1 contract
Samples: Ocean Bill of Lading
Delivery. Delivery The obligation of Seller to meet all Contract delivery dates, specifications, and quantities set in this Order is of the essence. Deliveries are to be made both in quantities and at times specified in this Order or such quantities and items specified pursuant to Buyer’s written instructions. Seller shall immediately notify buyer in the event that its timely performance under this Order is delayed or likely to be delayed, in whole or in part, and Seller shall provide Buyer with all available information regarding the reasons for such delay. Unless otherwise specifically provided on the face of this Order, the product will be delivered DDP Buyer’s facility of manufacture (Incoterms 2010). In the event this Order includes the delivery of equipment which requires installation, Seller shall install such equipment (at its sole expense) at Buyer’s designated site upon request from Buyer. Title and risk in the product shall remain with Seller until they are delivered at the point specified in the Order and transferred to Xxxxx’s possession at which time title and risk in the products shall transfer to Buyer. Buyer may at its option, either retain items received in advance of the requested delivery schedule or return them to Seller at Seller’s risk and expense. If retained, payment and discount shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight schedule delivery when the item could be delivered within (3) Business Days from the time of receipt of orderdates. In the event that Seller fails to deliver as and when specified, Xxxxx reserves the right to cancel this Order, or any eventpart thereof, delivery shall without prejudice to its rights or remedies and Seller agrees that Xxxxx may return part or all of any so shipment made, and if this Order calls for partial shipments, the balance may be cancelled or suspended upon notice and Buyer may charge Seller with any expedited routing charges or any loss or expense sustained as a result of such failure to deliver as specified. Buyer reserves the most economical method and right to return the Authorized User must be informed portion of the additional cost prior to delivery and agree shipment in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed excess of the additional cost prior to delivery and agree in writing to the additional chargequantity ordered, at Seller’s expense.
Appears in 1 contract
Samples: Terms and Conditions of Purchase
Delivery. Delivery of all Contract items 6.1 The Goods shall be made delivered to the place named on, and in accordance with Appendix Bwith, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph belowPurchase Order. Delivery shall be made completed when the Goods have been unloaded at the point of delivery specified in the Purchase Order and delivery has been accepted by the Purchaser or its authorised representative. Any access to premises and any labour and equipment that may be provided by the Purchaser in connection with delivery shall be provided without acceptance by the Purchaser of any liability whatsoever or howsoever arising and the Supplier shall indemnify and keep indemnified the Purchaser in respect of any actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (including death) occurring in the course of delivery or installation to the extent that any such damage or injury is attributable to any act, omission or negligence of the Supplier or any of its sub- contractors.
6.2 The Services shall be delivered as detailed and in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom and / or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase orderscoping document that sits alongside. Delivery shall be deemed complete when the most economical method for Service(s) has been tested and accepted by the proper delivery Purchaser or its authorised representative. The Supplier will ensure in the case of services that may affect the Purchasers IT equipment and data storage that its integrity is maintained and that disaster recovery procedures have been adopted and validated before commencement of works.
6.3 Where any access to the premises is necessary in connection with delivery, installation or supply of services, the Supplier and its sub-contractors shall at all times comply with the reasonable requirements of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the Purchaser or other authorised representative.
6.4 The time of receipt of order. In any event, delivery shall be of the most economical method essence for the purposes of the Contract and failure to deliver by the Delivery Date shall enable the Purchaser (at its option) to release itself from any obligation to accept and pay for the Goods/Services and/or to cancel all or part of the Goods/Services under the Purchase Order, in either case without prejudice to its other rights and remedies.
6.5 The Supplier’s failure to effect delivery on the Delivery Date specified shall entitle the Purchaser to purchase substitute Goods/Services and to hold the Supplier accountable for any and all loss and/or additional costs incurred as a result of such failure to include all costs of and associated with the termination including but not limited to legal and professional costs, losses, damages and the Authorized User must costs of remedying the Supplier’s Breach.
6.6 Failure by the Purchaser to exercise any of its rights in these Terms and Conditions including the right to terminate a Purchase Order shall not be informed deemed to constitute a waiver with respect to any subsequent part of that Purchase Order or later claim.
6.7 If Goods are delivered before the Delivery Date, the Purchaser shall be entitled to its sole discretion to refuse to take delivery or to charge for insurance and storage of the additional Goods until the Delivery Date.
6.8 Unless otherwise stated in the Purchase Order, the Supplier is responsible for and the cost prior to delivery of obtaining all the export and agree import licences for the Goods, and in writing the case of the Goods supplied from outside the UK, the Supplier shall ensure that accurate information is provided to the additional charge. Expedited, overnight delivery air service when standard delivery service is available Purchaser as to the country of origin and the item(s) could Supplier shall be delivered within (3) Business Days from liable for additional duties or taxes should the time country of receipt of order will only origin prove to be allowable and charged different to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeone stated.
Appears in 1 contract
Samples: Purchase Agreement
Delivery. 9.1 Although the Company will make every effort to deliver on the agreed date, time for delivery is not of the essence of the contract. Any quoted delivery date or period is a business estimate only and is conditional on the Buyer, at the time of placing the order, providing the Company with such information concerning the Buyer's requirements as enables the Company to fulfil the order. The Company shall be not liable for any loss or damage whatsoever caused by delayed delivery of goods. Delay in delivery will not entitle the Buyer to rescind the contract.
9.2 Delivery of all Contract items the Goods shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside by the Buyer collecting the Goods from the Company’s premises on the delivery date. In the event that the Company agrees to desk/bench top at no additional charge. Inside vary its delivery and inside methods the means of delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except confirmed in the instance of special handling quotation as noted either a FOB Contract or a CIF Contract in which case the paragraph below. Delivery following terms shall be made in accordance with instructions on apply:-
9.2.1 In the Purchase Order from each Authorized User. Orders event that it is agreed that the Goods shall be delivered on a FOB basis, the Goods shall be delivered to the Buyer by delivery on board the transporting vessel on the delivery date. The Company shall notify the Buyer that the Goods have been delivered on board. Title to and risk in the Goods shall pass to the Buyer upon such delivery being effected and the Buyer must thereafter insure the Goods. No claim for damaged Goods, shortages or non delivery will be accepted by the Company unless written notice of such damage or shortage is received by the Company within three (3) Business Days from the time 21 days of receipt of orderdelivery.
9.2.2 In the event that it is agreed that the Goods shall be delivered on a CIF basis, except the Goods shall be delivered to the Buyer at the Named Port on or before the delivery date. The Company shall procure a Contract of Carriage from dispatch until delivery on terms current in the instances trade for the benefit of the Buyer. The Goods shall be at the risk of the Buyer as they are loaded on board. The Company shall promptly tender to the Buyer a clean shipped bill of lading. The Buyer is responsible for insuring the goods
9.2.3 The Buyer shall be responsible for complying with any legislation or regulations governing the exportation and importation of the Goods and carry out, where applicable, all customs formalities for the items being ordered exportation of the Goods including obtaining at its own risk and expense any export and import licence or other official authorization. The Company will render the Buyer upon request, and at the Buyer’s risk and expense, every assistance in obtaining any documents or equivalent electronic messages issued or transmitted in the country of delivery and/or origin which the Buyer may require special handling. If an Authorized User requires an inside delivery (storeroom or desk)for the export and/or import of the Goods and, it must clearly indicate on where necessary, for their transit through any country.
9.2.4 Unless otherwise agreed in writing between the Purchase Order what inside delivery is required Buyer and the specific location where inside Company, the Buyer shall insure the Goods from the point of delivery. The Company will provide the Buyer, upon request, any necessary information for procuring insurance.
9.3 The Buyer must notify the Company by telephone of any non delivery is required or short delivery or loss or damage to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received goods in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper transit immediately upon delivery of the product unless special instructions are stated goods or of the invoice therefor (whichever is the earlier) and must confirm the same in writing within seventy two hours thereafter; the Buyer shall at the same time notify any carrier in writing of any such loss or damage and if relevant shall enter a note of the same on the order carrier's receipt. If the Buyer fails to give notice as provided above and the Company is precluded from making recovery whether from any insurer or any other third parry in respect of the loss or damage complained of then the Buyer shall be liable to pay for the goods as though no such loss or damage had occurred.
9.4 If any carrier of any consignment of goods receives an unqualified receipt therefor by or on behalf of the Buyer, the Company shall have no liability to the Buyer for loss of or damage in transit to such goods or for misdelivery or non-delivery thereof.
9.5 Unless otherwise agreed in writing the Company may at its discretion deliver the goods by instalments in any sequence.
9.6 If the goods are delivered by instalments each instalment shall be deemed to be the subject of a separate contract and no default or failure by the Authorized UserCompany in respect of any one or more instalments shall avoid the contract in respect of goods previously delivered or undelivered goods.
9.7 The Buyer shall be responsible for unloading the goods. Authorized User must be informed Personnel of the additional cost prior Company involved in such unloading shall be deemed to delivery be under the control and agree direction of the Buyer. The Company shall have no liability for any act or omission of any such personnel done or failed to be done in writing the course of such unloading.
9.8 If the Company fails to deliver the Goods (or any instalment) for any reason other than any cause beyond the Company’s reasonable control or the Buyer’s fault, and the Company is accordingly liable to the additional charge. Shipping costs must Buyer, the Company’s liability shall be prepaid by the vendor and may be added limited to the invoice with a copy excess (if any) of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged cost to the Authorized Users when Buyer (in the shipper assesses a hazardous materials charge based on cheapest available market) of similar goods to replace those not delivered over the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed price of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeGoods.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Delivery. Delivery a) The Owner shall ensure that:
(i) delivery of the Equipment is accompanied by a delivery note that shows the date of the Order, the contract number, all Contract items relevant Owner and Renter reference numbers, the type and quantity of the Equipment (including the code number of the Equipment, where applicable), special storage instructions (if any) and, if the Equipment is being delivered by instalments, the outstanding balance of Equipment remaining to be delivered; and
(ii) if the Owner requires the Renter to return any packaging materials to the Owner, that fact is clearly stated on the delivery note. The Renter shall make any such packaging materials available for collection at such times as the Owner shall reasonably request. Returns of packaging materials shall be made at the Renter’s expense.
b) The Renter shall arrange for a carrier to deliver the Equipment to the location set out in the Order or such other location as the parties may agree (Delivery Location) at any time after the Owner notifies the Renter that the Equipment is ready. All shipping costs, including cost of insurance are payable by the Renter. Shipments of any products are subject to availability from the Owner’s inventory.
c) The Owner will make a reasonable effort to meet quoted delivery times.
d) The Owner will attempt to ship in accordance with Appendix Bthe Renter’s shipping instructions. In the absence of specific instructions, § 45or if the Renter’s instructions are deemed unsuitable, Product the Owner reserves the right to ship by the most appropriate method.
e) All risk of loss and damage shall pass to the Renter at the Shipping Point.
f) Delivery and § 47, Contractor must offer (ais completed on the completion of unloading of the Equipment at the Shipping Point.
g) dock delivery, (b) inside deliveryAny dates quoted for delivery are approximate only, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and not of the specific location where inside delivery is required to essence. The Owner shall not be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery liable for items requiring special handling may be charged to Authorized Users. Orders shall be received any delay in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special Equipment that is caused by a Force Majeure Event or the Renter’s failure to provide the Owner with adequate delivery instructions or any other instructions that are stated relevant to the supply of the Equipment.
h) If the Owner fails to deliver the Equipment, its liability shall be limited to the costs and expenses incurred by the Renter in obtaining replacement goods of similar description and quality in the cheapest rental market available, less the price of the Equipment. The Owner shall have no liability for any failure to deliver the Equipment to the extent that such failure is caused by a Force Majeure Event or the Renter’s failure to provide the Owner with adequate delivery instructions or any other instructions that are relevant to the supply of the Equipment.
i) If the Renter fails to accept delivery of the Equipment within three Business Days of the Owner notifying the Renter that the Equipment are ready, then, except where such failure or delay is caused by a Force Majeure Event or the Owner's failure to comply with its obligations under the Agreement in respect of the Equipment:
(i) delivery of the Equipment shall be deemed to have been completed at 9.00 am on the order by third Business Day after the Authorized User. Authorized User must be informed day on which the Owner notified the Renter that the Equipment was ready; and
(ii) the Owner shall store the Equipment until delivery takes place, and charge the Renter for all related costs and expenses (including insurance).
j) If three Business Days after the day on which the Owner notified the Renter that the Equipment was ready for delivery the Renter has not accepted actual delivery of them, the Owner may rent or otherwise dispose of part or all of the additional cost prior to delivery Goods and, after deducting reasonable storage and agree in writing selling costs, account to the additional charge. Shipping costs must be prepaid by Renter for any excess over the vendor and may be added to the invoice with a copy price of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users Owners or charge the manufacturer determines Renter for any shortfall below the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed agreed rental price of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeEquipment.
Appears in 1 contract
Samples: Rental Agreement
Delivery. The Supplier shall deliver the Equipment, which includes any products or goods that are being purchased pursuant to this Purchase Order (“Equipment”), to the destination(s) specified in the Purchase Order to the attention of the Medical Engineering or Biomedical Engineering department of the Purchaser (“Medical Engineering”) as specified in the Contact Schedule, or such other destination as the Purchaser may inform the Supplier in writing from time to time. Large volume shipments, larger than one (1) standard drop skid, must be made through special arrangements with Medical Engineering of the Purchaser. Equipment must be received by the Purchaser a minimum of five (5) days prior to first scheduled use of the Equipment to allow sufficient time for incoming inspection and documentation. The Supplier must notify the Medical Engineering department of the Purchaser of delivery particulars in advance of delivery as required by the Purchaser, and without limiting the particulars required, shall provide the following: delivery date, mode of shipment, name of shipping/courier company, courier tracking or identification number and special instructions regarding handling, uncrating, and assembly. Prior to the delivery date(s) specified, if any, the Supplier shall send the information to the Purchaser as listed on the Contact Schedule. Delivery shall not be complete and title shall not pass to the Purchaser, until the Equipment has been received which complies with the terms and conditions of all Contract items this Purchase Order. All risk of damage or loss until completion of delivery shall be on the Supplier. Acceptance of Equipment shall not bind the Purchaser to accept future shipments. Where a delivery date or schedule is specified in this Purchase Order, timely delivery to the destination is of the essence, and the Supplier shall be responsible to ensure that such delivery is made and shall advise the Purchaser immediately of any anticipated delays and the reasons therefor. The Supplier is responsible, at its expense, within two (2) days of delivery of the Equipment, for the disposal off-site of the crating and packaging of the Equipment when requested by the Purchaser. The Supplier shall contact the Purchaser within two (2) days of delivery of the Equipment if disposal off-site is not possible and disposal on-site shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when through the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery approval of the product unless special instructions are stated on Purchaser at the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the itemSupplier’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeexpense.
Appears in 1 contract
Samples: Purchase Order Terms & Conditions
Delivery. Delivery 11.1. For the purposes hereof, “Delivery” shall mean receipt by Distributor of all Contract items the Essential Materials as set out in Annex 1 (which by this reference is incorporated into this Agreement).
11.2. Licensor shall be made notify Distributor in accordance with Appendix B, § 45, Product Delivery writing that the Essential Materials are available for delivery at Distributor’s cost and § 47, Contractor must offer (aupon Distributor’s order ( the “Licensor’s Notice”) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There which date shall be no charges later than September 30th 2017 (unless said date is extended in writing by the parties). Distributor shall place its order for delivery except in the instance initial release materials within 20 (twenty) Business Days of special handling as noted in the paragraph belowreceipt of Licensor’s Notice. Delivery shall not be made to Distributor until receipt by Licensor of the complete Advance referred to in accordance Article 8 above.
11.3. Upon receipt of the Essential Materials, Distributor shall promptly examine the same within 30 days to determine whether it is physically suitable for the exercise of the Granted Rights. If any of the Essential Materials is unsuitable the Distributor may give immediate notice thereof to Licensor specifying the particular defect and upon receipt of such notice Licensor shall furnish substitute material. Unless Licensor receives a notification in writing a notification within 21 Business Days following Delivery or following delivery of the requested substitute material then Licensor will be deemed to have complied with instructions on the Purchase Order from each Authorized Userits obligations in this respect.
11.4. Orders The items listed in Annex 1 shall be delivered within three (3) Business Days from as and when available, at Distributor’s sole cost and expense. Distributor will indicate its preference, of any transportation company and will assume all custom clearance formalities and costs upon on the time arrival of receipt of order, except the materials in the instances where Territory.
11.5. All costs and expenses incurred by Distributor in connection with the items being ordered require special handlingdelivery materials shall form part of the Distribution Expenses.
11.6. If an Authorized User requires an inside delivery (storeroom Licensor shall supply Distributor with such advertising and publicity material relating to the Film as Distributor may request to the extent that Licensor has such material readily available. Distributor shall pay for such material and for all shipping or desk), it must clearly indicate other expenses in the currency specified by Licensor on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper or before delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargematerials.
Appears in 1 contract
Samples: Distribution License Agreement
Delivery. Delivery Time is of all Contract items shall the essence in Supplier’s performance of its obligations under the Purchase Order. Supplier will immediately notify Kymeta if Supplier’s timely performance under the Purchase Order is delayed or is likely to be delayed. Kymeta’s acceptance of Supplier’s notice will not constitute Kymeta’s waiver of any of Supplier’s obligation other than the any delays specifically accepted by Kymeta in writing. All deliveries made pursuant to this Agreement must be complete and in accordance with Appendix Bthe specifications set forth in the Purchase Order. Unless Supplier has obtained prior written approval from Kymeta, § 45incomplete deliveries or late deliveries will not be accepted, Product nor will over-deliveries in excess of specified quantities. If Supplier delivers Work after the Delivery Date, Kymeta may reject such Work and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when entitled to the delivery is a) feasiblerights set forth in Section 6. Kymeta will hold any Work rejected under the Purchase Order at Supplier’s risk and expense, b) including storage charges, while awaiting Supplier’s returns shipping instructions. Supplier will bear all return shipping charges, including without limitation, insurance charges Kymeta incurs on Supplier’s behalf. Supplier will preserve, pack, package and handle the delivery location is mutually agreed upon by Products so as to protect the Authorized User’s Agency Products from loss or damage and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on best commercial practices in the absence of any specifications Kymeta may provide. Kymeta reserves the right to refuse deliveries if there is any damage to packaging. The Supplier will be responsible for replacement or refund, if any Products are received with damage due to improper packaging. Without limiting the foregoing, Supplier shall observe the requirements of any local laws and regulations relating to hazardous work, including, without limitation, with respect to its accompanying information, packing, labeling, reporting, carriage and disposal. Supplier will include, with each delivery of Products, a packing list identifying the Purchase Order from number, the Kymeta part number for each Authorized User. Orders shall be delivered within three of the Products (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or deskif applicable), it must clearly indicate on a description and the quantity of each of the Products, and the date of shipment. Unless Kymeta expressly instructs otherwise, Supplier will deliver all Work to Kymeta’s facility at the address set forth the Purchase Order what inside Order. Seller assumes responsibility for all shipping and delivery is required charges including, without limitation, customs, duties, costs, taxes and insurance. Risk of loss for the specific location where inside delivery is required Products does not pass to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received Kymeta until acceptance in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeSection 6.
Appears in 1 contract
Samples: Terms of Purchase
Delivery. Delivery For any exception to delivery date when specified or if not specified, deliver in excess of all Contract items 30 days of date of this order, Seller shall be made give prior notice in accordance writing and obtain approval thereto from Buyers Purchasing Dept. with Appendix Brespect to delivery under contract, § 45, Product Delivery time is of the essence and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized Useris subject to termination for failure to deliver on time. Orders The acceptance by Buyer of late performance with or without objection or reservation shall not waive the right to claim damage for such breach nor constitute a waiver of the requirements for the timely performance of any obligation remaining to be performed by the Seller. PACKING AND SHIPPING: All merchandise shall be delivered within three prepared and packed for shipment in a manner that will prevent damage in transit. Xxxxx is not liable for extra charges for packing, cartage or any other charges unless stated in this Purchase Order. Seller shall mark the order number on packing slip and container. SHIPPING INSTRUCTIONS: Unless otherwise agreed, all merchandise is to be shipped FOB destination. Where authorization is granted to ship merchandise FOB shipping point. Seller agrees to prepay all shipping charges, route cheapest common carrier, (3unless Buyer specifies otherwise) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate and to bill Buyer as a separate item on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be madeinvoice for said charges. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the Each invoice with shipping charges shall contain a copy of the freight xxxxbill indication that payment has been made. Dry ice charges will only be allowable and charged It is also agreed that Xxxxx reserves the right to Authorized Users the manufacturer determines the item(s) need refuse COD shipments. RISK OR LOSS: Regardless of FOB point, Xxxxxx agrees to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time bear all risk of receipt loss, injury, damage, or destruction of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost merchandise ordered wherein which occurs prior to delivery to Buyer and agree in writing to the additional charge. Expeditedsuch loss, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days injury, damage, or destruction shall not release Seller from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeany obligation thereunder.
Appears in 1 contract
Samples: Purchase Order Agreement
Delivery. Delivery of all Contract items 8.1 The Contractor shall be made deliver the Products EXW, FCA or DAP (Incoterms 2010) as follows: at the Contractor’s premises for EXW; at named place as quoted for FCA, and at consignee warehouse for DAP, in accordance with Appendix B, § 45, Product Delivery this LTA and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, with the quantities and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except other instructions as specified in the instance Purchase Orders (for shipping instructions, refer to Section 9). All risks of special handling as noted loss or damage to the Products shall remain with the Contractor until delivery takes place in accordance with the LTA and INCOTERMS specified in the paragraph below. Purchase Orders.
8.2 Delivery shall not exceed the number of days as committed by contractor for each item in the respective Purchase Order at the time of order confirmation in accordance with the terms of this LTA. Contractor acknowledges that production lead time is calculated from the time of a Purchase Order to Contractor to when Products are ready for PSI or dispatch (in case PSI is not required) at the premises of the supplier along with the required shipping documents as specified in the Purchase order.
8.3 Delivery shall only be made considered as completed upon the arrival of the Products at the final destination in accordance with instructions on a Purchase Order, and verification by IDA’s personnel or representatives or consignee (if applicable) that the Products are in a satisfactory condition. Inspection and verification of the Products shall be made as soon as reasonably practicable after receipt. IDA’s personnel or representatives or consignee (if applicable) shall be entitled to reject and refuse acceptance of the Products not conforming to this LTA and the related Purchase Order. Payment for any non-conforming Products pursuant to this LTA shall not be deemed as acceptance of the Products.
8.4 The Contractor acknowledges that any inspection and/or verification of the Products by IDA’s personnel or representatives or the contracted CSI, does not change the operational and functional status of the Products.
8.5 The Contractor acknowledges that time shall be of the essence in performance of this LTA, and it shall use its best endeavors to abide by the delivery dates stated in the Purchase Order from each Authorized UserOrders. Orders If supplier cannot accept and commit to the goods readiness date as requested in the PO, XXX has the right to place the PO with another supplier.
8.6 In the event that the Contractor is not able to ensure delivery by the dates confirmed in the Purchase Order, XXX shall be delivered within three entitled to request the Contractor to pay any additional transport costs (3e.g. airlifting) Business Days and/or additional inspection cost which may reasonably be incurred as the result of IDA’s obligations to its clients to deliver the Products on time and to avoid stock outs.
8.7 For late delivery of Products or for items which do not meet specifications and are therefore rejected by XXX or the consignee, XXX can claim liquidated damages from the time Contractor and deduct 0.2% of receipt the value of orderthe Products pursuant to a Purchase Order per additional day of delay, except in up to a maximum of 10% of the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on value of the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized UserOrder. The Authorized User must be informed payment or deduction of such liquidated damages shall not relieve the additional cost prior Contractor from any of its other obligations or liabilities pursuant to delivery and agree in writing to the additional chargethis LTA or a Purchase Order.
Appears in 1 contract
Samples: Long Term Agreement
Delivery. Delivery Supplier acknowledges and agrees that time is of the essence with respect to all Contract items delivery dates stated on Orders. Any delivery made after close of business on the date specified in the Order shall be deemed late. If any part of the Products delivered by Supplier is delivered late, or otherwise does not comply with the terms and conditions hereof or in the Order as to quality or otherwise, RMR may either (a) reject and return all or any part of the Products ordered thereunder for full credit, including freight or (b) at RMR’s option, utilize all or any part of said Products, holding Supplier liable for all damages resulting from Supplier’s failure to comply. Deliveries shall not be made earlier than five (5) days prior to the requested delivery date unless specified by RMR. RMR reserves the right to accept or reject partial shipments. Shipment: If in order to comply with RMR’s required delivery date it becomes necessary for Supplier to ship a more expensive way than specified in the Order, any increased transportation costs resulting therefrom shall be paid for by Supplier unless the necessity for such rerouting or expedited handling has been caused s o l e l y by RMR and RMR agrees in advance to such rerouting or expedited handling fees. No charges of any kind, including charges for boxing or carriage, freight or special handling, will be allowed unless specifically agreed to in advance by RMR in writing. Pricing by weight, where applicable, covers net weight of material, unless otherwise agreed. Any costs incurred by RMR because of Supplier’s non-compliance with the terms and conditions in an Order, shall be charged back to Supplier. Inspection: RMR shall be under no duty to inspect Products purchased hereunder before its use in manufacture and/or resale, and the processing, manufacture or resale shall not constitute an acceptance of the Products or a waiver of any claim. RMR reserves the absolute right to reject and refuse acceptance of Products which is not in accordance with Appendix BRMR’s instructions, § 45specifications, Product Delivery drawings and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made data or not in accordance with instructions on the Purchase Order from each Authorized UserSupplier’s warranty (express or implied) and to return same to Supplier at Supplier’s expense. Orders Payment for any Products purchased by, and delivered to, RMR hereunder shall not be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If deemed an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etcacceptance thereof., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge
Appears in 1 contract
Samples: Terms & Conditions of Purchase
Delivery. Delivery of all Contract items shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock deliveryUnless specified on the face hereof, Goods are sold EXW Seller’s plant and acceptance by a common carrier shall constitute a delivery to Buyer, upon which title and risk of loss shall pass, subject to Seller's rights as an unpaid vendor including stoppage in transit. For security purposes, Seller shall have the option to retain title to the Goods until Seller receives full payment therefor. Goods invoiced and held at Xxxxx's request at any place, for whatever reason, shall be at Buyer's sole risk and account.
(b) inside Delivery of any installment of Goods within 30 days after the date specified therefor shall constitute a timely delivery, and .
(c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when In case Seller is responsible for arranging transportation hereunder, the delivery is a) feasible, b) timing of the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shipment shall be no charges subject to shipping space being available. In other cases, Buyer shall provide necessary shipping space on berth terms and give shipping instructions in a timely manner. Otherwise, Seller may make such shipping arrangements including prepayment of freight for delivery except in the instance of special handling as noted in the paragraph below. Delivery Buyer's risk and account, without prejudice to Seller's other rights.
(d) Transshipments and partial shipments shall be made in accordance with instructions on the Purchase Order from allowed, at Seller's option. In case of partial shipments, each Authorized User. Orders lot shall be delivered within three regarded as a separate and independent contract. The date of the Bill of Lading (3or the receipt by a common carrier) Business Days from and the description of the Goods in a Quality Certificate or similar document shall be accepted as conclusive of the date of shipment and of the quantity, weight and quality of Goods.
(e) All costs, expenses and damage in connection with discharge of the Goods, including demurrage, shall be borne by Buyer.
(f) Buyer shall furnish Seller with necessary instructions for packing, marking and/or other arrangements, if any, in time for preparation or shipment of receipt of order, except in the instances where the items being ordered require special handlingGoods. If an Authorized User requires an inside delivery (storeroom or desk)Seller has not timely received any particulars relating to the manner of shipment, it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders particulars shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order arranged by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeSeller at its sole discretion.
Appears in 1 contract
Samples: Sales Contract
Delivery. Delivery of all Contract items (a) NPC shall be made supply the Packaged Product in response to each order placed in accordance with Appendix Bthe terms of this Packaging Agreement by Idenix, § 45provided, that such order will be deemed to have been fully satisfied if the quantity of the Packaged Product Delivery supplied is not more than [**] percent ([**]%) and § 47not less than [**] percent ([**]%) of the quantity of Packaged Product ordered. NPC shall deliver orders on the requested delivery date. In the event delivery of any ordered shipment is delayed by more than [**] days, Contractor must offer (a) dock deliveryIdenix will, in addition to other remedies, be entitled to revise its forecasts and reschedule orders under Section 3.1 and Section 3.2 to address such delay in a reasonable manner without penalty to Idenix. If NPC anticipates a problem supplying the required quantities, NPC and Idenix shall in good faith discuss and determine the best way to handle the situation.
(b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench All Packaged Product delivered under this Packaging Agreement will be made only when delivered [**] the delivery is a) feasible, b) the delivery Packaging site to such location is mutually agreed upon designated by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except Idenix in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a applicable purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery Idenix will pay all freight, insurance charges, taxes, duties, inspection fees and agree in writing other charges applicable to the additional chargesupply and transport of Packaged Product supplied to Idenix. Shipping costs must be prepaid by The Parties agree that Idenix retains title and, except as otherwise provided herein, retains throughout the vendor Packaging process the risk of loss of, and may be added damage to, Bulk Product. In the event loss of, or damage to, the Packaged Product after delivery to the invoice carrier, Idenix will be responsible to file claims with a copy the carrier. NPC will cooperate with Idenix in the filing and prosecution of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeclaims.
Appears in 1 contract
Delivery. Delivery 6.1 Before delivery of the Supplies to the Purchaser, the Supplier undertakes to send in writing, to the Purchaser’s procurement department, all Contract items information relating to the care and preservation of Supplies.
6.2 Unless otherwise provided for, the Supplier shall deliver the Supplies to 00 Xxxxxx-X.Davie, Lévis, Québec, G6V 0K4. The hours of delivery are from 7:00 AM to 12:00 PM and from 12:45 PM to 3:45 PM from Monday to Friday inclusively. No delivery shall take place outside the hours described above unless the Purchaser and Supplier have previously entered an agreement to that effect. Notwithstanding such an agreement, the Purchaser shall not bear any cost for the Supplier’s waiting time.
6.3 The Supplier shall be made responsible and undertakes to identify all Supplies delivered and provide the handling methods and proper position of the Supplies. The Supplier also undertakes to pack or condition the Supplies in accordance with Appendix Bthe usual and recognized methods in order to preserve and protect the Supplies. Should the Supplier fail to comply with the requirements set out above, § 45it shall be liable and indemnify the Purchaser against any and all damages sustained notwithstanding any prior acceptance of risk on delivery by the Purchaser.
6.4 Supplier shall, Product Delivery and § 47upon the Purchaser’s written notice, Contractor must offer (a) dock suspend the execution of this Agreement or the delivery of the Supplies for such a period as the Purchaser may request.
6.5 Whenever the Supplier believes it may not be able to deliver on the date of delivery, the Supplier must advise the Purchaser by a notice containing the reasons of the delay not less than fourteen (b14) inside days prior to the date of expected delivery. The Supplier also undertakes to transmit to the Purchaser for approval and without any delay, a recovery plan and schedule indicating the measures it shall take to minimize the consequences of the delay that the Purchaser may suffer. The recovery plan and schedule shall not, in any way, deny the Purchaser’s rights and recourses particularly those provided in Sections 14 and 16 of these Terms.
6.6 In case of a delay in delivery, the Purchaser may require that the Supplier use a more expedient means of transportation without any additional costs to the Purchaser.
6.7 During transportation and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of orderdelivery, except in the instances where Supplier undertakes to comply with all applicable statutes, laws and regulations. However, should the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom Supplier not comply with all applicable law, statutes or desk)regulations, it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number liable and undertakes to save and hold the Purchaser harmless against any and all claims of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days any nature whatsoever resulting from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargenon-compliance.
Appears in 1 contract
Samples: Terms and Conditions of Purchase
Delivery. 7.1 Delivery of all Contract items the PROPERTY will be deemed to be given to the PURCHASER and the PURCHASER shall be obliged to take delivery thereof on the date when the PURCHASER pays the deposit referred to in clause 3.1 (“DELIVERY DATE”).
7.2 From the DELIVERY DATE, the PURCHASER shall be liable for all municipal rates, taxes, consumption charges, insurance premiums and/or fees and levies payable in respect of the PROPERTY.
7.3 Should the SELLER have made any payment of such a nature for a period after the date of possession, he shall be entitled to a refund thereof pro rata to the period of prepayment.
7.4 The risk in accordance with Appendix Band to the PROPERTY shall pass to the PURCHASER upon the DELIVERY DATE, § 45for which purposes the PURCHASER will have comprehensive all risk insurance over the immovable property and all improvements thereon in place, Product Delivery to the satisfaction of the SELLER, ensuring the immovable property and § 47all improvements thereon in place for an amount of at least 1.5 times the PURCHASE PRICE, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench the beneficiary of which policy will be made the SELLER.
7.5 The PURCHASER will provide the SELLER with written confirmation of the insurance within a period of seven days after the DELIVERY DATE.
7.6 Despite the aforesaid, ownership in and to the PROPERTY shall only pass to the PURCHASER upon registration of the PROPERTY in the PURCHASER’s name.
7.7 The PURCHASER shall not be entitled to make any alterations or additions to the PROPERTY before the date of registration of transfer. The PURCHASER shall be obliged, in the event of the cancellation or lapse of this agreement, to forthwith vacate the PROPERTY and restore it to the SELLER in the same condition as when the delivery is a) feasible, b) PURCHASER took possession.
7.8 The PURCHASER will have no claims whatsoever against the delivery location is mutually agreed upon SELLER arising out of any alterations or additions made to the PROPERTY by the Authorized User’s Agency PURCHASER.
7.9 If the PROPERTY is leased, this Agreement is entered into and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in subject to the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery rights of the product unless special instructions are stated on tenant under any existing Lease Agreement, statutory provisions or the order by Common Law.
7.10 It is expressly recorded that the Authorized User. Authorized User must be informed SELLER does not warrant vacant delivery/occupation of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargesubject property.
Appears in 1 contract
Delivery. a. Except as otherwise agreed in writing at the time of contract delivery of goods and/or services shall be the location set out in the purchase order. If at time of delivery the location is not practicable for delivery and/or unloading, SIMCO EFS are to be contacted immediately for further instruction.
b. If there is no representative of SIMCO EFS on site to receive the delivery, the seller is to contact SIMCO EFS immediately for further instruction. Delivery of all Contract items goods and/or services are not be withdrawn until contact has been made. SIMCO EFS shall not be made in accordance liable for any costs associated with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside standing time.
c. In the event that SIMCO EFS cannot accept delivery and inside the seller is required to store goods, then the seller agrees to store the goods for a two- month storage-cost free period. The seller shall not be entitled to payment for the goods as materials stored off-site. The seller shall insure the goods, at his/her own cost until delivery is made.
d. Where the contract provides for delivery of the goods by instalments, each instalment shall not be deemed to desk/bench be the subject of a separate contract and non-delivery or delay of delivery of any one instalment shall and/or may affect the balance of the contract or entitle SIMCO EFS to cancel the same.
e. Delivery dates are of the essence. Every effort will be made only when to ensure due performance and should the delivery is a) feasible, b) seller be unable to deliver then the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There seller shall be no charges liable for delivery except damages or consequential loss arising from delays caused due to non-delivery.
f. If the seller requires SIMCO EFS to return any packaging materials, SIMCO EFS shall not be at any obligation to return the packaging in reusable condition. Any damage arising to any packaging materials shall not entitle the instance of special handling as noted in the paragraph below. Delivery seller to a claim for damages against SIMCO EFS.
g. The seller shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders liable to SIMCO EFS for any costs incurred by SIMCO EFS for returning packaging.
x. XXXXX EFS shall be delivered within three (3) Business Days from entitled to reject the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User goods if the Authorized User requests overnight delivery when seller delivers less or more than the item could be delivered within (3) Business Days from the time quantity of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargegoods ordered.
Appears in 1 contract
Samples: Terms of Trading
Delivery. Delivery (a) Contract delivery schedules and quantities are a material condition of all this Contract, and Seller’s failure to meet Contract items delivery schedules or quantities shall be made considered a material breach. Any shipments that deviate from the Contract delivery schedule are subject to the Buyer's rejection, and Seller will be responsible for the cost incurred by Buyer to store and/or to ship the Goods. Once Xxxxx gives notice of the rejection of the Goods, the risk of loss and damage to the Goods is with the Seller. Any acceptance of deliveries late to the Contract delivery schedule will not waive Buyer's rights.
(b) If Seller fails to make delivery in accordance with Appendix Bthe Contract delivery schedule, § 45Buyer will have the option of terminating this Contract in accordance with ¶ 19, Product Delivery TERMINATION FOR DEFAULT, or assessing 0.5% of the unit price per day, as liquidated damages and § 47, Contractor must offer not as a penalty. Any such liquidated damages shall start no sooner than the fifth (a5th) dock delivery, (b) inside deliveryday after the Purchase Order Promise Date, and continue until and including the date on which the Good(s) are delivered to Buyer, not to exceed 20% of the unit price. Any liquidated damages assessed to Seller will be debited from Seller’s account and may be set off against any other amount owed to Seller by Buyer. For the avoidance of doubt, liquidated damages or termination are the agreed-upon remedies for delay, but are without limitation as to other remedies available to Buyer under the contract at law or equity for other breaches of contract.
(c) inside In the event of any anticipated or actual delay in meeting the Contract delivery schedule, Seller shall:
(i) Promptly notify Buyer in writing of the reasons for the delay and the actions being taken to desk/bench top at no additional chargeovercome or minimize the delay;
(ii) Provide Buyer with a written recovery schedule; and
(iii) If requested by Xxxxx, ship via air or expedited routing to avoid or minimize delay to the maximum extent possible, unless Seller is excused from prompt performance as provided in ¶ 16, FORCE MAJEURE. Inside delivery and inside delivery to desk/bench Seller will be made solely responsible for paying the difference between the method of shipping specified and the actualair or expedited rate incurred.
(d) Any information provided by Seller regarding any anticipated or actual delay in meeting the Contract delivery schedule is informational only when and shall not be construed as a waiver by Buyer of any of Buyer’s rights or remedies provided by law or the delivery is aContract.
(e) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except Goods fabricated in the instance excess or in advance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Buyer's Purchase Order from each Authorized Useror Blanket Release are at Seller's risk unless otherwise authorized in writing by Buyer. Orders shall be delivered within three (3) Business Days from Buyer reserves the time right, without loss of receipt discount privileges, to pay invoices covering Goods shipped in advance of order, except in the instances where schedule of the items being ordered require special handlingnormal maturity after the date specified for delivery. If an Authorized User requires an inside Seller delivers Goods in advance of this Contract’s delivery (storeroom schedules or desk)blanket releases, it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to Buyer shall not be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make payment for the Goods sooner than on average, the second business day of the second month following this Contract’s delivery after receipt schedule due date. Buyer shall not be required to make payment for Goods which are delivered to Buyer in excess of the quantities specified in this Contract’s delivery schedules or blanket releases.
(f) Seller shall provide a response to an open order report issued by the Buyer at the frequency and method determined by the Buyer.
(g) Seller shall enter material delivery Promise Dates into the Oracle iSupplier system.
(h) Seller shall respond to any inquiries made by the Buyer within two (2) business days of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargerequest.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Delivery. Delivery of all Contract items 6.1 The Goods shall be made delivered to the place named on, and in accordance with Appendix Bwith, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph belowPurchase Order. Delivery shall be made completed when the Goods have been unloaded at the point of delivery specified in the Purchase Order and delivery has been accepted by the Purchaser or its authorised representative. Any access to premises and any labour and equipment that may be provided by the Purchaser in connection with delivery shall be provided without acceptance by the Purchaser of any liability whatsoever or howsoever arising and the Supplier shall indemnify and keep indemnified the Purchaser in respect of any actions, suits, claims, demands, losses, charges, costs and expenses (including legal expenses and disbursements) which the Purchaser may suffer or incur as a result of or in connection with any damage or injury (including death) occurring in the course of delivery or installation to the extent that any such damage or injury is attributable to any act, omission or negligence of the Supplier or any of its sub- contractors.
6.2 The Services shall be delivered as detailed and in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom and / or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase orderscoping document that sits alongside. Delivery shall be deemed complete when said Service(s) has been tested and accepted by the most economical method for Purchaser or its authorised representative. The Supplier will insure in the proper delivery case of services that may affect the Purchasers IT equipment and data storage that its integrity is maintained and that disaster recovery procedures have been adopted and validated before commencement of works.
6.3 Where any access to the premises is necessary in connection with delivery, installation or supply of services, the Supplier and its sub-contractors shall at all times comply with the reasonable requirements of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the Purchaser or other authorised representative.
6.4 The time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior essence for the purposes of the Contract and failure to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested deliver by the Authorized User. The Authorized User must be informed Delivery Date shall enable the Purchaser (at its option) to release itself from any obligation to accept and pay for the Goods/Services and/or to cancel all or part of the Goods/Services under the Purchase Order, in either case without prejudice to its other rights and remedies.
6.5 The Supplier’s failure to effect delivery on the Delivery Date specified shall entitle the Purchaser to purchase substitute Goods/Services and to hold the Supplier accountable for any and all loss and/or additional cost prior costs incurred as a result of such failure.
6.6 Failure by the Purchaser to exercise its options under Conditions 5.3 and/or 5.4 in respect of any part of a Purchase Order shall not be deemed to constitute a waiver with respect to any subsequent part of that Purchase Order.
6.7 If Goods are delivered before the Delivery Date, the Purchaser shall be entitled to its sole discretion to refuse to take delivery or to charge for insurance and agree in writing to storage of the additional chargeGoods until the Delivery Date.
Appears in 1 contract
Samples: Purchase Agreement
Delivery. Delivery of all Contract items shall be made 5.1. The Supplier must deliver the Goods in accordance with Appendix Bthe Delivery Instructions (if any).
5.2. The Supplier acknowledges and agrees that for the performance of the Work, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench time will be made only when of the delivery essence. The Supplier must immediately notify Bayer if the Supplier’s timely performance under the Contract is a) feasible, b) delayed or is likely to be delayed. Xxxxx’x acceptance of the delivery location is mutually agreed upon by Supplier’s notice will not constitute a waiver of any of Bayer's rights under the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arrangedContract.
5.3. There Goods shall be no delivered, carriage paid, to Bayer's place of business or to such other place of delivery as is agreed by Bayer in writing prior to delivery of the Goods. The Supplier shall off-load Goods at its own risk as directed by Bayer. The Supplier shall assume responsibility for all shipping and delivery charges including, without limitation, customs, duties, costs, taxes and insurance.
5.4. Title to the Goods shall pass to Bayer on delivery or, if earlier, on payment for delivery except the Goods to the Supplier (without prejudice to any right of rejection by Bayer). Risk in the instance Goods shall pass to Bayer upon delivery at the point of special handling as noted delivery stated in the paragraph belowContract.
5.5. Delivery Bayer reserves the right to refuse acceptance of Goods which are supplied in excess of Bayer's requirements as stated in the Contract and Bayer accepts no liability for such Goods. Such excess Goods may be returned at the Supplier's risk and expense. For the avoidance of doubt where it is agreed that the Supplier shall unload the Goods on Bayer's site, such activity will be made construed as Services for the purpose of the Purchase Order.
5.6. If any Goods are rejected by Bayer in accordance with instructions on this Contract risk in those Goods will pass back to the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from Supplier at the time of receipt the notification of order, except in the instances where rejection by Bayer and title to those Goods will pass back to the items being ordered require special handlingSupplier at the time the Goods are collected or otherwise returned to the Supplier.
5.7. If an Authorized User requires an inside Acceptance of a delivery (storeroom or desk), it must clearly supply) of any Good does not indicate on acceptance by Bayer that the Purchase Order what inside delivery is required and Good complies with the specific location where inside delivery is required Specifications or otherwise complies with this Contract.
5.8. Bayer shall not be deemed to be madehave accepted any Goods until Bayer has had a reasonable period to inspect those Goods. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged Bayer shall also have the right to Authorized Users. Orders shall be received reject Goods in accordance with § 2.15this Contract, Ordering. Special Delivery shall be expressed in number of calendar within 14 days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any eventthe Goods in accordance with the Delivery Instructions, delivery shall be the most economical method these Conditions and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeapplicable Purchase Order.
Appears in 1 contract
Delivery. Delivery (a) All deliveries of all Contract items Tuna hereunder shall be made directly to Buyer's cannery dock at Pago Pago, American Samoa, or to such other dock facility in accordance with Appendix BPago Pago that is designated by Buyer. Except as set forth in Section 6 relating to title, § 45, Product Delivery and § 47, Contractor must offer all deliveries will be DES (a) dock delivery, Incoterms 2000).
(b) inside deliveryBuyer will provide priority unloading to such vessels designated by Seller at its dock in Pago Pago, American Samoa for up to a maximum of Five Thousand (5000) short tons per month unless buyer agrees to offer priority unloading for additional tonnage. Priority unloading is defined as a procedure whereby Seller's representative will advise the Buyer's procurement department of the unexpected arrival date of a Vessel in Samoa and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench the first available unloading date will be made only when assigned by Buyer's procurement department for that Vessel (the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged"Slot"). There Seller shall be no charges entitled to substitute any of its Vessels for delivery except unloading in its Slots if the instance of special handling as noted Vessel to be substituted does not exceed 1600 short tons in the paragraph belowcapacity. Delivery shall be made in accordance Seller acknowledges that Buyer has entered into Fishing Contracts with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from vessels not related to this Agreement and with a term of not less than one (1) year ("Contract Vessels"). Buyer, pursuant to the terms of the Fishing Contracts shall continue to provide Slots for these Contract Vessels. Buyer shall be entitled to substitute any of its Contract Vessels for unloading in its Slots if the Contract Vessel to be substituted does not exceed 1600 short tons in capacity. Any renewal, extension or modification of the current term of any or all of the Fishing Contracts may provide for a priority unloading, but such priority unloading shall be limited to 1.875 short tons per month for any or all of such Contract Vessels in the aggregate. No more than once each Contract Year, on Seller's reasonable request, Buyer shall provide Seller with a written list of its Contract Vessels. Other purchases of a catch not covered by a long-term contract will be unloaded after Slotted vessels. Upon commencement of unloading, Buyer shall continue with such unloading with all normal and customary speed until completed.
(c) If after a Slot has been assigned, Buyer is unable to unload the Vessel's catch at Buyer's cannery dock or Buyer's designated dock, at Pago Pago, American Samoa, or onto a carrier for storage and/or transshipment, within the time of receipt of orderset forth above, except in the instances where the items being ordered require special handlingBuyer shall so notify Seller as soon as Buyer is reasonably able to do so. If an Authorized User requires an inside delivery (storeroom or desk)In such event, it must clearly indicate on the Purchase Order what inside delivery is required Seller may elect to sell its catch to a third party and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc.Buyer shall assist Seller, when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor full extent that Buyer is reasonably able to do so, in locating, contacting and may be added arranging to the invoice with sell such Vessel's catch to a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargethird party.
Appears in 1 contract
Delivery. Delivery (a) Contract delivery schedules and quantities are a material condition of all this Contract, and Seller’s failure to meet Contract items delivery schedules or quantities shall be made considered a material breach. Any shipments that deviate from the Contract delivery schedule are subject to the Buyer's rejection, and Seller will be responsible for the cost incurred by Buyer to store and/or to ship the Goods. Once Xxxxx gives notice of the rejection of the Goods, the risk of loss and damage to the Goods is with the Seller. Any acceptance of deliveries late to the Contract delivery schedule will not waive Buyer's rights.
(b) If Seller fails to make delivery in accordance with Appendix Bthe Contract delivery schedule, § 45Buyer will have the option of terminating this Contract in accordance with ¶ 19, Product Delivery TERMINATION FOR DEFAULT, or assessing 0.5% of the unit price per day, as liquidated damages and § 47, Contractor must offer not as a penalty. Any such liquidated damages shall start no sooner than the fifth (a5th) dock delivery, (b) inside deliveryday after the Purchase Order Promise Date, and continue until and including the date on which the Product(s) is delivered to Buyer, not to exceed 20% of the unit price. Any liquidated damages assessed to Seller will be debited from Seller’s account and may be set off against any other amount owed to Seller by Buyer. For the avoidance of doubt, liquidated damages or termination are the agreed-upon remedies for delay, but are without limitation as to other remedies available to Buyer under the contract at law or equity for other breaches of contract.
(c) inside In the event of any anticipated or actual delay in meeting the Contract delivery schedule, Seller shall:
(i) Promptly notify Buyer in writing of the reasons for the delay and the actions being taken to desk/bench top at no additional charge. Inside overcome or minimize the delay; and
(ii) Provide Buyer with a written recovery schedule.
(d) Without limiting any other rights or remedies that Buyer may have under this Contract, by law or in equity, if Seller fails to meet Xxxxx’s delivery and inside delivery to desk/bench will be made only when schedule for the delivery is a) feasibleGoods, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There Seller shall be no charges responsible for the full cost of expediting any shipment(s) of such Goods, at Xxxxx’s sole discretion.
(e) Any information provided by Seller regarding any anticipated or actual delay in meeting the Contract delivery except schedule is informational only and shall not be construed as a waiver by Buyer of any of Buyer’s rights or remedies provided by law or the Contract.
(f) Goods fabricated in the instance excess or in advance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Buyer's Purchase Order from each Authorized Useror Blanket release are at Seller's risk unless otherwise authorized in writing by Buyer. Orders shall be delivered within three (3) Business Days from Buyer reserves the time right, without loss of receipt discount privileges, to pay invoices covering Goods shipped in advance of order, except in the instances where schedule of the items being ordered require special handlingnormal maturity after the date specified for delivery. If an Authorized User requires an inside Seller delivers Goods in advance of this Contract’s delivery (storeroom schedules or desk)blanket releases, it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to Buyer shall not be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method payment for the proper delivery Goods sooner than on average, the second business day of the product unless special instructions second month following this Contract’s delivery schedule or shipping releases due date. Buyer shall not be required to make payment for Goods which are stated on delivered to Buyer in excess of the quantities specified in this Contract’s delivery schedules or blanket releases.
(g) Seller shall provide a response to an open order report issued by the Authorized User. Authorized User must be informed Buyer at the frequency and method determined by the Buyer.
(h) Seller shall enter material delivery Promise Dates into the Oracle iSupplier system.
(i) Seller shall respond to any inquiries made by the Buyer within two (2) business days of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargerequest.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Delivery. Delivery 6.1 Unless otherwise agreed in writing, delivery of the Goods shall take place at the address specified by the Buyer on the date specified by Xxxxx. The Buyer shall make all Contract items arrangements necessary to take delivery of the Goods whenever they are tendered for delivery.
6.2 The date of delivery specified by the Renter is an estimate only. Time for delivery shall not be of the essence of the contract and while every reasonable effort will be made to comply with such dates compliance is not guaranteed and the Buyer shall have no right to damages or to cancel the order for failure for any cause to meet any delivery date stated.
6.3 If the Renter is unable to deliver the Goods for reasons beyond its control, then the Renter shall be made entitled to place the Goods in storage until such time as delivery may be effected and the Buyer shall be liable for any expense associated with such storage.
6.4 If the Buyer fails to accept delivery of Goods on the delivery date or within 3 days of notification that they are ready for despatch whether prior to or after the delivery date the Renter reserves the right to invoice the Goods to the Buyer and charge him therefore. In addition the Buyer shall then pay reasonable storage charges or demurrage as appropriate in the circumstances until the Goods are either despatched to the Buyer or disposed of elsewhere.
6.5 The Renter shall be entitled to deliver the Goods by instalments and where the Goods are so delivered, each delivery shall constitute a separate contract and failure by the Renter to deliver any one or more of the instalments in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon these Conditions or any claim by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There Buyer in respect of any one or more instalments shall be no charges for delivery except in not entitle the instance of special handling Buyer to treat any other related contract as noted in repudiated.
6.6 Where the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User Buyer requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product Goods by instalments, rescheduling requires the Renter’s written agreement and will not be possible unless special instructions are stated on the order at least 3 weeks’ written notice is provided and so agreed. Each delivery shall constitute a separate contract and failure by the Authorized User. Authorized User must be informed Buyer to pay the Price in respect of any instalment shall entitle the Renter to treat any other related contract as repudiated in addition to any other rights of the additional cost prior Renter pursuant to these Conditions.
6.7 Notwithstanding that the Renter may have delayed or failed to deliver the Goods (or any of them) promptly the Buyer shall be bound to accept delivery and agree to pay for the Goods in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, full provided that delivery shall be the most economical method and the Authorized User must be informed tendered at any time within 3 months of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargedate.
Appears in 1 contract
Samples: Rental Agreement
Delivery. Delivery 8.1 Any delivery date quoted by the Company is an estimated date only and the Company shall not be liable for any loss or damage occurring through any failure or inability to meet such date. Time for delivery is not of all the essence of any Contract items and shall not be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon so by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance service of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handlingany notice. If an Authorized User requires an inside no delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions dates are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any eventspecified, delivery shall be within a reasonable time of the most economical method date that the Order is placed.
8.2 Delivery shall be Ex Works at the Company's premises unless otherwise stipulated or agreed in writing by the Company. The Company may charge for delivery at a location other than its premises.
8.3 The Purchaser shall take delivery of the Goods within seven (7) days of the Purchaser giving it notice that the Goods are ready for delivery. The Purchaser shall provide at the point of delivery and at its expense adequate and appropriate equipment andmanual labour for loading and/or unloading of the Goods. The Purchaser is solely responsible for loading and/or unloading of the Goods at the point of delivery. The Purchaser shall indemnify and keep indemnified the Company against any losses, liabilities, damages, claims, costs or proceedings arising as a result of the Company or its subcontractors assisting the Purchaser in the loading, unloading or other removal of the Goods from the point of delivery.
8.4 If for any reason the Purchaser refuses or fails to take delivery of Goods tendered in accordance with any Contract or fails to take any action necessary on its part for delivery of the Goods the Company shall beentitled to immediate payment of the Price in full for the Goods so tendered. The Company shall be entitled to store at the risk of the Purchaser any Goods of which the Purchaser fails or refuses to take delivery and the Authorized User must Purchaser shall in addition to the Price pay on demand all costs of such storage and any additional costs incurred as a result of such failure or refusal. The Company shall be informed entitled in the case of short-life Goods immediately to dispose of the additional cost prior to delivery same in such manner as the Company may in its absolute discretion determine and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and case of all other Goods the item(s) could Company shall be delivered within (3) Business Days entitled after the expiration of one month from the time date of receipt of order will only be allowable and charged failure or refusal to the Authorized Users when such take delivery is requested by the Authorized User. The Authorized User must be informed to dispose of the additional cost prior to delivery and agree Goods in writing to the additional chargesuch manner as it may in its absolute discretion determine.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Delivery. a. Delivery charges, levies, imposts or taxes are not included in the price of all Contract items the Goods. Unless otherwise expressly agreed by Wiley in writing, the Customer shall be made liable for all duties, levies, imposts, taxes or other liabilities arising on the exportation of the Goods from the U.S. and the importation of the Goods into another country.
b. Any date quoted for delivery (“the quoted date”) is an estimate only and unless a guarantee shall be given by Wiley in accordance with Appendix Bwriting providing for liquidated damages for failure to deliver by the quoted date, § 45, Product Delivery Wiley shall not be liable to the Customer for any loss or damage howsoever arising even if arising out of the negligence of Wiley for failure to deliver on or before the quoted date. The Customer shall accept and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, pay for Goods if and (c) inside delivery when tendered notwithstanding any failure by Wiley to desk/bench top at no additional chargedeliver by the quoted date.
x. Xxxxx reserves the right to deliver by installments. Inside delivery and inside delivery to desk/bench will be made only when the If delivery is a) feasiblemade by installments, b) the delivery location is mutually agreed upon Customer shall not be entitled to any claim, loss or damage howsoever arising for failure by Wiley to deliver any installments on or before the quoted date.
d. A signed acknowledgment by the Authorized UserCustomer’s Agency and Contractor and c) inside representatives or appointed shipping agent or courier company designated by the Customer upon delivery can be pre-arranged. There or collection shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper deemed due delivery of the product unless special instructions are stated on Goods to the order Customer and acceptance thereof by the Authorized User. Authorized User must be informed Customer unless the Customer informs Wiley in writing of any non-delivery discrepancy (addressed to its Customer Service Department) within 14 working days of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice delivery, together with a copy of the freight xxxx. Dry ice charges will only be allowable and charged relevant invoice.
e. If Wiley is unable, through circumstances beyond its control (including without limitation lack of shipping instructions for the Customer), to Authorized Users deliver the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged Goods within 14 days after notification to the Authorized Users when Customer or its agent that the shipper assesses a hazardous materials charge based Goods are ready for delivery, Wiley shall be entitled to arrange storage on behalf of the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any eventCustomer, whereupon delivery shall be deemed to have taken place, and all risk in the most economical method and Goods shall pass to the Authorized User must be informed Customer. Delivery to the Customer of the additional cost prior relevant warehouse receipt shall be deemed to be delivery and agree in writing of the Goods. All charges incurred by Wiley for storage or insurance by Company to the additional chargeCustomer for the same. Expedited, overnight delivery air service when standard delivery service is available and Re-deliveries of the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged Goods due to the Authorized Users when such Customer’s absence or refusal to accept delivery is requested by at the Authorized User. The Authorized User must agreed delivery address shall be informed of for the additional cost prior to delivery and agree in writing to the additional chargeCustomer’s sole account.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Delivery. Delivery of all Contract items Seller shall be made deliver Items to Buyer on the date(s) indicated in accordance with Appendix Bthe Purchase Order. If Seller anticipates that it will not deliver the Items on the date(s) indicated, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon Seller shall immediately notify Buyer by the Authorized User’s Agency fastest available means of the anticipated failure and Contractor and cthe anticipated actual delivery date. If Seller fails to make delivery of any part of the Items on the date(s) inside delivery can be pre-arranged. There shall be no charges for delivery except indicated in the instance of special handling as noted Purchase Order, the Buyer may terminate the Contract, in the paragraph belowwhole or in part, at Buyer’s discretion and/or pursue other remedies. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders All shipments shall be delivered within three (3) Business Days from to the time of receipt of order, except destination designated by Buyer in the instances where Purchase Order, and title and risk of loss shall remain with Seller until the items being ordered Items in a completed state are received by Buyer, its agent or consignee regardless of whether or not Buyer has made full payment for the Items. Seller will mail bills of lading and shipping notices directly to the destination or such other address as designated by Buyer on the day of shipment. Bills of lading shall indicate the relevant purchase order number. Buyer may require special handlingadherence to its routing instructions, and any savings resulting from adherence to such instructions shall be for the benefit of Buyer. If an Authorized User Seller’s performance hereunder requires an inside delivery (storeroom the presence of Seller, its agents, employees or desk)subcontractors upon the premises of Buyer, it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders Seller agrees that all work shall be received in accordance with § 2.15, Ordering. Special Delivery done as an independent contractor and that the persons doing such work shall not be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery considered employees of the product unless special instructions are stated on Buyer. Seller shall comply with all laws and regulations, as amended, and otherwise shall take all necessary precautions to prevent the order occurrence of any injury to any person or damage to any real or personal property (both tangible and intangible) during the progress of such work. Seller shall abide by the Authorized User. Authorized User must be informed of the additional cost prior to delivery Buyer’s on-site rules and agree any applicable terms and conditions in writing to the additional charge. Shipping costs must be prepaid connection with any services performed by the vendor and may be added to the invoice with Seller on-site at a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeBuyer location.
Appears in 1 contract
Samples: Procurement Agreement
Delivery. Delivery of all Contract items shall be made in 5.1 In accordance with Appendix BClause 3.4, § 45unless otherwise agreed in writing, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside all prices for goods are quoted as kerbside delivery and inside delivery exclusive of VAT. If the Company agrees to desk/bench will be made only when deliver the delivery is a) feasiblegoods otherwise than this then the Buyer shall pay all packaging, b) the delivery location is mutually agreed upon transportation and insurance costs and other charges incurred by the Authorized User’s Agency and Contractor and c) inside Company in making or arranging such delivery can be pre-arranged. There shall be no charges for delivery except in unless the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree Company has specifically agreed in writing to arrange transport for the additional charge. Shipping costs must be prepaid by goods elsewhere in which case delivery shall occur when the vendor goods arrive at the designated place of delivery.
5.2 Time for delivery and may be added to the invoice with a copy completion of the freight xxxxservices is given as accurately as possible but is not guaranteed. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from Unless otherwise stated the time of receipt of order. In any event, for delivery shall be the most economical method and date stated in the Authorized User must be informed Buyer's order, or the Order Form, or the issue of the additional cost prior Company's acknowledgement of the Buyer's order (whichever is the later). The Buyer shall have no right to damages or to cancel the contract for failure for any cause to meet any delivery or completion time stated nor shall the Buyer be entitled to make, or to purport to make, time for delivery of the essence of the contract.
5.3 The date for delivery or completion of the services shall in every case be dependent upon prompt receipt of all necessary information, final instructions or approvals from the Buyer, and agree in writing any event, shall be the date of dispatch of the goods from the Company's premises or commencement of the services stated in the quotation.
5.4 Failure by the Buyer to take delivery of any one or more instalments of goods delivered or services partially performed in accordance with the contract shall entitle but not require the Company to treat the contract as repudiated by the Buyer either in whole or in part.
5.5 The Company will endeavour to comply with reasonable requests by the Buyer for postponement of delivery of the goods or completion of the services but shall be under no obligation to do so. Where delivery or completion is postponed, otherwise than due to default by the Company then, without prejudice to all other rights and remedies available to the additional charge. ExpeditedCompany, overnight delivery air service when standard delivery service is available the Buyer shall pay all costs and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable expenses, including a reasonable charge for storage and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargetransportation so occasioned.
Appears in 1 contract
Samples: Customer Agreement
Delivery. Delivery of all Contract items (a) All Products shall be made delivered in accordance with Appendix Ban applicable Purchase Order. Delivery of Products to Raymarine’s nominated distribution points shall be F.O.B. destination, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside shipped via Raymarine’s choice of transportation at no cost to RK. Title to all Products shall pass to Raymarine upon delivery to desk/bench top at no additional chargea common carrier. Inside delivery and inside delivery to desk/bench will be made only when RK shall deliver all Products on or before the delivery is a) feasible, b) the delivery location is mutually agreed upon by date set forth in the Authorized User’s Agency Purchase Order. RK shall assist Raymarine in arranging any desired shipping and Contractor insurance (in amounts that Raymarine shall determine). All costs of shipping, insurance and c) inside freight and customs, duties, taxes and other expenses relating to such transportation and delivery can be pre-arranged. There shall be no charges for at Raymarine’s expense. If circumstances arise that prevent RK from timely delivery except in of Products, RK shall immediately notify Raymarine of the instance nature of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on problem, the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from methods taken to overcome the problem and the estimated time of receipt of order, except in the instances where the items being ordered require special handlingdelay. It is critical to Raymarine that delivery timeframes are adhered to. If an Authorized User requires an inside delivery RK fails (storeroom or desk), notifies Raymarine that it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required anticipates failing) to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery arrange for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on Products in the order timeframe set forth in the applicable Purchase Order (other than due to an event of Force Majeure), then, without limit to any other remedy which Raymarine might have, Raymarine may:
(i) reschedule delivery dates for such Products by given written notice of such rescheduling to RK;
(ii) at no cost to Raymarine, require the Authorized User. Authorized User must be informed of RK to arrange for the additional cost prior Products to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3or as close as possible to) Business Days from the original timeframe using an alternative mode of transport; or
(iii) at no cost to Raymarine, return the Products to RK.
(b) If at any time Raymarine requests delay in delivery of receipt of order. In any eventshipment against a Purchase Order and, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing RK agrees to the additional chargerequest, RK may store the Products upon completion of manufacture and charge to Raymarine an agreed per pallet cost. ExpeditedHowever, overnight delivery air service when standard delivery service if such delay is available and the item(s) could be delivered within (3) Business Days from the time less than one month no charges shall apply. If, as a result of receipt of order will only be allowable and charged to the Authorized Users when such RK’s own circumstances, expedited delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargerequired, RK is responsible for all costs associated with such expedited services.
Appears in 1 contract
Samples: Development, Services and Supply Agreement (Remote Knowledge Inc)
Delivery. Delivery Unless otherwise specified in the Services pursuant to clause 5 of these Special Conditions and without limiting clauses Error: Reference source not found to 3 of the General Provisions, all Contract items Services shall be made delivered to the Delivery Address as set out in Item 5 of the Schedule and in accordance with Appendix Bthe INCOTERMS as set out in Item 6 to the Schedule. Delay Without affecting the Contactor’s obligations under clause 5.1, § 45the Contractor shall take all reasonable steps to prevent and minimise delay and agrees to work with LMA to mitigate the losses arising from the delay. If the Contractor becomes aware that delivery of Supplies or the achievement of a Milestone will or may be delayed for any reason, Product Delivery the Contractor shall notify the LMA Representative within two (2) Business Days of the following matters, to the extent that the Contractor is aware of them: the cause and § 47nature of the delay; the steps that the Contractor has taken to minimise the delay; and the anticipated duration of the delay. The Contractor shall notify LMA as soon as practicable after the Contractor becomes aware of a material change to information notified to either under clause 7.2. The Contractor shall comply with any request by the LMA Representative for information concerning a delay or potential delay in the delivery of Supplies or the achievement of a Milestone. Final Acceptance The Contractor shall, when seeking Final Acceptance: complete and present a signed Final Acceptance Certificate certifying that the Contractor must offer (a) dock deliveryhas fulfilled its obligations under the Contract, (b) inside deliveryexcept to the extent that the Contractor's obligations expressly, or by implication, survive the Final Acceptance Milestone, including the obligations in clause 35 of the General Provisions; and (c) inside delivery to desk/bench top at no additional chargeprovide any other supporting evidence required by the LMA Representative, including confirmation of successful completion of any Final Acceptance testing required by the Contract. Inside delivery and inside delivery to desk/bench will be made only The LMA Representative shall, within 15 Business Days of the Contractor seeking Final Acceptance: approve the Final Acceptance Certificate when the delivery is a) feasible, b) following requirements are met: the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made has achieved all previous Milestones in accordance with instructions on this Contract; and the Contractor demonstrates to the reasonable satisfaction of the LMA Representative that the Services function and integrate as required by the Contract and that the Contractor has fulfilled its obligations in accordance with the Contract, except to the extent that the Contractor's obligations expressly, or by implication, survive the Final Acceptance Milestone, including the obligations in clause 35 of the General Provisions; or notify the Contractor that it has failed to achieve the requirements of Final Acceptance detailed in clause 8, in which case the LMA Representative shall notify the Contractor in writing of the reasons for the failure. If the LMA Representative notifies the Contractor under clause 8.2.b of these Special Conditions that it has failed to achieve Final Acceptance, the Contractor shall, within 10 Business Days of receipt of that notice, provide full written details to the LMA Representative of its proposed remedy. The LMA Representative shall by notice in writing, within 10 Business Days of receipt of the written notice referred to in clause 8.3 of these Special Conditions either: direct the Contractor to complete any course of action proposed by the Contractor within a specified time; or reject the Contractor's proposal and direct the Contractor to submit an alternative proposal within 10 Business Days of that notice. If an application for Final Acceptance is rejected and resubmitted, processing of the resubmitted application shall be subject to the same conditions as if it were the original. The LMA Representative may require the Contractor to retake possession of any item of Services within five (5) Business Days when a notice of failure to achieve Final Acceptance is issued under clause 8.2.b of these Special Conditions. Repossession of Services shall not affect the obligation of the Contractor to provide conforming Services. The Contractor shall bear all costs associated with achieving Final Acceptance and of complying with the directions of the LMA Representative. Any action of the Contractor in achieving Final Acceptance and in complying with the directions of the LMA Representative under this clause 8 shall not relieve the Contractor from performing its obligations under the Contract. Additional Work Where the Contractor is required to undertake work additional or in excess of those described under this Contract, such additional work shall be approved by the LMA Representative in writing, in the form of a Purchase Order from each Authorized Useror Work Order pursuant to clause 10 of these Special Conditions, for an agreed price prior to the performing of such work. The Contractor shall provide an itemised quote to the nominated LMA Representative before commencing any additional work unless otherwise agreed. Work Orders In addition to the delivery of the Services, the Contractor agrees to provide goods and services (including the provision of task based activities, ad-hoc work & additional supplies), which subject to the inclusion of a schedule of a fees and/or rates table at Attachment B (Price and Milestone Payment Schedule), will constitute a standing offer to LMA for the Contract Term unless terminated earlier or extended. Upon receipt of a Work Order or Purchase Order, the Contractor shall, for the price set out in the Work Order or Purchase Order, provide the goods and services described in the Work Order or Purchase Order and comply in full with all other requirements and obligations in this Contract. To avoid doubt, a variation to the Services under this Contract will be formed when LMA provides the Contractor a Work Order or Purchase Order for the goods and services pursuant to this clause 10, and the Contractor communicates its acceptance in writing to LMA. The Work Order or Purchase Order will be deemed to be accepted if LMA is not advised that it is rejected within 5 Business Days. When completed, all Work Orders or Purchase Orders shall be delivered within three (3) Business Days from deemed to have been accepted in support of payment by the time Contractor’s provision of receipt of order, except in a Supplies Acceptance Certificate or similar form signed by the instances where the items being ordered require special handlingLMA Representative or delegate. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required Price and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders Milestone Payment The Contractor shall be received deliver all Services in accordance with § 2.15, Ordering. the Milestone Payment Scheduled as detailed in Section Error: Reference source not found (Contract Price) of Attachment B. The Contractor shall deliver all Services pursuant to clause 9 or 10 of these Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method Conditions for the proper delivery fees, task prices and/or rates in accordance with Attachment B. Furnished Property Intellectual Property In addition to clause 13 - 16 of the product unless special instructions General Provisions, the Contractor shall ensure that LMA and its customers are stated granted a licence to exercise all Third Party IP on the order by best available commercial terms. Provision of Technical Data The Contractor shall provide all Technical Data necessary for LMA the Authorized User. Authorized User must be informed Commonwealth, to exercise their IP rights as defined in clauses 13 - Error: Reference source not found of the additional cost prior General Provisions, including to delivery manufacture, use, maintain, modify and agree dispose of, the Services. LMA or the Commonwealth, may provide Technical Data to a third party to enable LMA and the Commonwealth, to fully exercise their IP rights under this clause 13. The Contractor shall ensure that all Technical Data delivered to LMA will enable a reasonably skilled person to efficiently and effectively do the things permitted to be done by LMA and the Commonwealth, in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy exercising of Intellectual Property rights under clauses 13 - Error: Reference source not found of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeGeneral Provisions.
Appears in 1 contract
Samples: General Provisions for Commercial Subcontracts / Purchase Orders
Delivery. Delivery of all Contract items 5.1 Shipping and delivery arrangements shall be made as defined by INCOTERMS, latest version, in accordance the Purchase Orders. Unless otherwise stipulated in the Purchase Orders, deliveries shall only be accepted by the Purchaser in normal business hours. Unloading shall only take place under the direction and in the presence of the Purchaser.
5.2 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 delivered. Upon delivery the Goods must be accompanied with Appendix Ball required documentation in the local language. In absence thereof, § 45Purchaser has the right to refuse acceptance and/or payment of the Goods.
5.3 Time for delivery shall be of the essence. Without prejudice to any remedy listed in Condition 6, Product Delivery and § 47if the Goods are not delivered on the due date then, Contractor must offer without prejudice to any other rights which it may have, the Purchaser reserves the right to:
(a) dock delivery, cancel the Contract in whole or in part;
(b) inside deliveryrefuse to accept and to pay for the Goods, and as well as any subsequent delivery of the Goods;
(c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when recover from the delivery is a) feasible, b) the delivery location is mutually agreed upon Seller any expenditure reasonably incurred by the Authorized User’s Agency and Contractor and cPurchaser in obtaining the Goods in substitution from another supplier; and
(d) inside delivery can be pre-arranged. There shall be no charges claim damages for delivery except in any additional costs, loss or expenses incurred by the instance Purchaser which are attributable to the Seller's failure to deliver the Goods on the due date, with a minimum of special handling as noted in 3% of the paragraph below. Delivery shall be made in accordance with instructions on value of the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from per week of delay.
5.4 Where the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree Purchaser agrees in writing to accept delivery by instalments the additional chargeContract shall be construed as a single contract in respect of each instalment. Shipping costs must be prepaid Nevertheless failure by the vendor and may Seller to deliver any one instalment shall entitle the Purchaser at its option to treat the whole Contract as repudiated.
5.5 The Purchaser shall not be added deemed to have accepted the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged Goods until it has had seven (7) days following delivery to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of orderinspect them. In addition to any eventother remedy available, delivery the Purchaser shall be have the most economical method right to ask for return and the Authorized User must be informed replacement of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered any defective Goods after inspection or within (3) Business Days from the a reasonable time after it becomes aware of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargea latent defect.
Appears in 1 contract
Samples: Purchase Agreement
Delivery. Delivery Seller shall make delivery to Buyer’s specified destination by the required due date(s) stated in this purchase order unless otherwise agreed to in writing by both Parties. If Seller cannot meet the required due date(s), Seller is to notify Buyer promptly with a recovery date and make every reasonable effort at Seller’s expense to meet Xxxxx’s due date. Buyer shall have the right to reject any goods or services which are provided in advance of all Contract items or later than the Buyer’s due date(s). Time is of the essence of this purchase order and if delivery of goods or rendering of services is not completed by the time promised, Xxxxx reserves the right without liability in addition to its other rights and remedies to terminate this purchase order by notice effective when received by Seller as to goods not yet shipped or services not yet rendered and to purchase substitute goods or services elsewhere and charge Seller with any loss incurred. If in order to comply with the delivery date required by Buyer it becomes necessary for Seller to ship by a more expensive way than specified in this purchase order, any increased transportation costs resulting therefrom shall be made paid for by Seller unless the necessity for such rerouting or expedited handling has been caused by Buyer. Buyer reserves the right to inspect all goods and services purchased hereunder and at Xxxxx’s discretion, Xxxxx may reject nonconforming goods and/or services. Buyer reserves all rights under applicable laws including, without limitation, rights under the Uniform Commercial code. Should Seller provide additional nonconforming goods and/or services against this purchase order, Seller shall, at Buyer’s request, provide a written corrective action report for Buyer’s review and approval. Payment for the goods delivered hereunder shall not constitute acceptance thereof. Buyer shall have the right to inspect such goods and to reject any or all said goods which are defective or nonconforming in accordance with Appendix BBuyer’s sole judgment. Goods rejected and goods supplied in excess of quantities called for herein may be returned to Seller at its expense and, § 45in addition to other rights of Buyer, Product Delivery Buyer may charge Seller all expenses of unpacking, examining, repacking and § 47reshipping such goods. In the event Buyer receives goods whose defects or nonconformity is not apparent on examination, Contractor must offer (a) dock deliveryBuyer reserves the right to require replacement, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional chargeas well as payment of damages. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There Nothing contained in this purchase order shall be no charges for delivery except relieve Seller in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days any way from the time obligation of receipt of ordertesting, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required inspection and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge.
Appears in 1 contract
Samples: Purchase Order
Delivery. Delivery (a) Contract delivery schedules and quantities are a material condition of all this Contract, and Seller’s failure to meet Contract items delivery schedules or quantities shall be made considered a material breach. Any shipments that deviate from the Contract delivery schedule are subject to the Buyer's rejection, and Seller will be responsible for the cost incurred by Buyer to store and/or to ship the Goods. Once Xxxxx gives notice of the rejection of the Goods, the risk of loss and damage to the Goods is with the Seller. Any acceptance of deliveries late to the Contract delivery schedule will not waive Buyer's rights.
(b) If Seller fails to make delivery in accordance with Appendix Bthe Contract delivery schedule, § 45Buyer will have the option of terminating this Contract in accordance with ¶ 19, Product Delivery TERMINATION FOR DEFAULT, or assessing 0.5% of the unit price per day, as liquidated damages and § 47, Contractor must offer not as a penalty. Any such liquidated damages shall start no sooner than the fifth (a5th) dock delivery, (b) inside deliveryday after the Purchase Order Promise Date, and continue until and including the date on which the Product(s) is delivered to Buyer, not to exceed 20% of the unit price. Any liquidated damages assessed to Seller will be debited from Seller’s account and may be set off against any other amount owed to Seller by Buyer. For the avoidance of doubt, liquidated damages or termination are the agreed-upon remedies for delay, but are without limitation as to other remedies available to Buyer under the contract at law or equity for other breaches of contract.
(c) inside In the event of any anticipated or actual delay in meeting the Contract delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when schedule, Seller shall:
(i) Promptly notify Buyer in writing of the delivery is a) feasible, b) reasons for the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required delay and the specific location where inside delivery is required actions being taken to be made. overcome or minimize the delay;
(Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.ii) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice Provide Buyer with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargewritten recovery schedule; and
Appears in 1 contract
Samples: Purchase Order
Delivery. Delivery The communicated delivery times are purely indicative. GC is not responsible for indirect damage resulting from late delivery or lack of all Contract items delivery. If the delay in delivery lasts more than thirty (30) days, the Buyer has the right to cancel the purchase by registered letter without judicial intervention. Any advance payment made by it will be refunded. The Buyer explicitly renounces any other possible means of redress, in particular the awarding of any form of damage compensation. Compliance with GC`s delivery obligation presumes the timely and proper satisfaction of the Buyer`s obligations. GC retains the right to make partial deliveries. The partial delivery of an order may never serve as justification for the refusal to pay for the goods delivered. The goods sold shall be made delivered in accordance with Appendix Bthe Incoterms 2020 CIP, § 45unless expressly agreed otherwise. The Buyer is obliged to receive the goods delivered by a carrier on behalf of GC at the agreed time, Product Delivery and § 47to foresee the required space so that the goods can be delivered. The carrier shall deliver the goods to the ground floor of the registered office of the Buyer, Contractor must offer (a) dock unless agreed otherwise. Upon delivery, the Buyer shall sign the delivery note in acknowledgement of receipt. However, the risk shall transfer from GC to the Buyer at the point where the goods are taken in charge by the carrier. Title to the goods shall only pass to the Buyer when full payment (bincluding accessories) inside deliveryof the invoice for the aforementioned goods has been made. The Buyer has to notify GC immediately in writing in case of attachments or other interventions of third parties so that GC is able to file an action according to § 771 ZPO (German Code of Civil Procedure). For the duration of the retention of title, the goods are to be insured by the Buyer against fire, water, theft and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench burglary theft; the rights from these insurances will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required assigned to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of orderGC which accepts these assignments. In any eventcase the Buyer resells the goods, delivery shall be the most economical method and the Authorized User must be informed Buyer will grant an extended retention of the additional cost prior title to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized UserGC. The Authorized User must Buyer shall however be informed of entitled to collect this claim towards the additional cost prior Sub-Buyer while GC retains the right to delivery and agree in writing to collect the additional chargeclaim itself.
Appears in 1 contract
Delivery. Delivery of all Contract items Shipment shall be made in accordance with Appendix Bthe quantities and at the time or times specified in this order or in supplementary schedules furnished by Buyer. Unless otherwise stated herein, § 45time is of the essence. Should the “Promised Deliver Date” be 12/31/2099, Product Delivery Seller is to regard that line item(s) as product to be rescheduled by the Buyer in the future. Buyer reserves the right to reject and § 47return any product shipped by the Seller against any delivery date of 12/31/2099. In addition to Buyer's other remedies, Contractor must offer and without liability, Buyer reserves the right (ai) dock deliveryto refuse and to return at Seller's risk and expense, (b) inside deliveryincluding, without limitation, warehouse or other storage costs and extra handling costs, any shipments made in excess of the exact quantity or quantities ordered and shipments made before or after the time or times specified in this order or in supplementary schedules furnished by Buyer, and (cii) inside if delivery is not made in the exact quantity or quantities and/or by the time or times specified, to desk/bench top take either or both of the following actions: (a)terminate this contract without liability by notice effective when received by Seller and to purchase elsewhere and charge the Seller with any resultant loss, including, without limitation, consequential or incidental damages, unless deferred shipment has been authorized, or (b)direct Seller to make expedited routing of goods, and the difference in cost between any such expedited routing and the order routing costs shall be paid by Seller. Seller shall not, however, be liable for delays or defaults in deliveries due to fires, floods, earthquakes, tornadoes, hurricanes, or other acts of God, or due to war or other national emergency. If at no additional charge. Inside delivery and inside delivery any xxxx Xxxxxx has reason to desk/bench believe that deliveries will not be made only when as scheduled, it shall immediately give Buyer written notice setting forth the cause or causes of the anticipated delay. Should Seller make delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within product earlier than three (3) Business Days from working days prior to the time of receipt of due date set forth in the purchase order, except in Buyer reserves the instances where right to receive the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on material and pay the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the accompanying invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge from Seller based on the itemterms and dating set forth in the Purchase Order. Buyer may, at its option, refuse delivery of any early material and return the material to Seller at Seller’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargecost.
Appears in 1 contract
Samples: Terms and Conditions With Suppliers
Delivery. Delivery On each Closing Date, subject to the terms and conditions hereof, the Company shall deliver to each Purchaser (i) stock certificates, registered in the name of all Contract items shall the Purchaser, representing the Shares to be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside deliverypurchased by the Purchaser from the Company, and (cii) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when warrant certificates, registered in the delivery is aname of the Purchaser, representing the Warrants purchased by the Purchaser, each dated as of the relevant Closing Date, against payment of the purchase price therefor (the "Payment") feasibleby wire transfer or previously cleared check, b) the delivery location is mutually unless other means of payment shall have been agreed upon by the Authorized User’s Agency Purchaser and Contractor and c) inside delivery can be pre-arrangedthe Company. There The undersigned understands that payments by check as provided in this Paragraph 2.2 shall be no charges delivered to Xxxxx Xxxxx Xxxx Xxxxxx Xxxxxxx and Popeo, P.C., as the escrow agent and, thereafter, such payment will be deposited as soon as practicable in an escrow account for delivery except in the instance of special handling as noted in the paragraph belowundersigned's benefit. Delivery The wire transfer shall be made to Xxxxx Xxxxx Xxxx Xxxxxx Xxxxxxx and Popeo, P.C., as escrow agent in accordance with the wire transfer instructions attached as Exhibit A hereto. The Payment will be made on or prior to the relevant Closing Date. The Payment (or, in the case of the rejection of a portion of the undersigned's subscription, the part of the Payment relating to such rejected portion) will be returned promptly, without interest or deduction, if the undersigned's subscription is rejected in whole or in part. Any Payment made by the Purchaser prior to the Initial Closing and/or any subsequent Closing is based on an estimated price per share of Common Stock of $3.00. The Purchaser agrees to remit to the Company on the Purchase Order from each Authorized UserInitial Closing and/or any Interim Closing the balance of the Payment if the Offering Price is greater than $3.00 per share. Orders The Company agrees to promptly remit to the Purchaser any excess Payment made by such Purchaser if the Offering Price is less than $3.00 per share. Each party hereto shall deliver or cause to be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom at or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a Closing Date an executed copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users Registration Rights Agreement between the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method Company and the Authorized User must be informed Purchaser and the Company shall deliver to each Purchaser a fully-executed copy of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeAgreement.
Appears in 1 contract
Delivery. Delivery of all Contract items The Goods shall be made delivered to, and the Services shall be performed at, the Delivery Address on the date or within the period stated in the Order, in either case during the Buyer’s usual business hours. Where the date of delivery of the Goods or of performance of the Services is to be specified after the placing of Order, the Seller shall give the Buyer reasonable notice of the specified date. The time of delivery of the Goods and of performance of the Services is of the essence of the Contract. A packing note quoting the number of the Order must accompany each delivery or consignment of the Goods and must be displayed prominently. If the Goods are to be delivered, or the Services are to be performed, by installments, the Contract will be treated as a single contract and not severable. The Buyer shall be entitled to reject any Goods delivered which are not in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside deliverythe Contract, and (c) inside shall not be deemed to have accepted any Goods until the Buyer has had a reasonable time to inspect them following delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasibleor, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except if later, with a reasonable time after any latent defect in the instance of special handling as noted Goods has become apparent. The Seller shall supply the Buyer in the paragraph below. Delivery shall be made in accordance good time with any instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is other information required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged enable the Buyer to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper accept delivery of the product unless special instructions Goods and performance of the Services. The Buyer shall not be obliged to return to the Seller any packaging or packing materials for the Goods, whether or not any Goods are stated accepted by the Buyer. If the Goods are not delivered or the Services are not performed on the order due date then, without prejudice to any other remedy, the Buyer shall be entitled to deduct from the Price of (if the buyer has paid the Price) to claim from the Seller by the Authorized User. Authorized User must be informed way of liquidated damage for delay 2 per cent of the additional cost prior Price for every week’s delay, up to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy maximum of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge20 per cent.
Appears in 1 contract
Samples: Transportation Agreement
Delivery. Delivery 8.1 Deliveries shall be to individual Member sites of all Contract items any department, faculty or building on that site including non-ground floor locations. It should be noted that these sites might vary over the duration of this Agreement to include, for example, new Consortium Members or additional Member’s being added.
8.2 The Supplier shall ensure that:
8.2.1 Goods are securely packaged and clearly addressed to the appropriate employee of the Member;
8.2.2 Every delivery is accompanied by a delivery note (attached to the goods but included within an anonymous outer in order to reduce the risk of theft) stating the Member’s Order number, the quantity and the exact description of the Goods supplied.
8.2.3 Deliveries shall be made to the address shown in accordance the Member’s Order between 10:00am and 4:30pm Monday to Friday unless otherwise specified by the Member and agreed in advance with Appendix B, § 45, Product the Supplier.
8.3 A signature acknowledging receipt of the Goods or Services is to be obtained from the designated employee who is authorised to receive the Goods or Services on behalf of the Member. In the event of the designated employee not being available the Supplier may obtain the signature acknowledging receipt of the Goods or Services from another authorised employee of the Member.
8.4 The removal of Packaging shall be made available as a free service depending on a Member’s needs and subject to the mutual agreement of the procedures of each event between the Member and the Supplier.
8.5 The Member shall not accept Cash On Delivery deliveries unless previously agreed with the Supplier.
8.6 The Supplier shall supply within 10 working days from receipt of a valid Members order or as specifically and § 47, Contractor must offer (amutually agreed with the Member. Delivery point(s) dock delivery, (b) inside delivery, will be indicated on the order. If the Member requires collection and (c) inside delivery to desk/bench top a point other than that which is identified on The Order after the goods have been despatched then the Member will be held responsible for any costs incurred by the Supplier in delivering the goods to the new Delivery Point at no the discretion of the Supplier. Any additional chargecosts incurred in this way shall be notified and agreed prior to amended delivery. Inside It is the Members responsibility to ensure that the Delivery Point identified on the Order is a secure delivery site. Where the Supplier delivers the goods to a delivery point other than that specified on The Order the Supplier will be responsible for correcting the delivery within 2 working days. The goods will not be deemed as accepted and title and risk will remain with the Supplier until the goods are supplied to address specified on the Member’s order.
8.7 Pursuant to Clause 6.2, in the event of late delivery and inside delivery at the specific request and discretion of the Member, the Supplier shall offset the invoice or supply a credit note to desk/bench will be made only when the value of 1% of the order value per day or 25 GBP (whichever is greater) for each working day the delivery is adelayed. The Supplier’s maximum liability shall be limited to 000 XXX per whole unit item per order except on spares and accessories where the limit shall be 50 GBP. The Supplier agrees that no further representation from the Member is required in terms of reasonableness and this is without prejudice to the Member with regards to other terms in the agreement.
8.8 Special delivery arrangements including the use of pallets may be negotiated with the Member if necessary . Where pallets are required then they should be allowed for in your costing.
8.9 Goods not capable of the required operation within 20 working days of delivery receipt shall be treated as a ‘dead on arrival’ (DOA) feasibleevent for the purpose of the Agreement and all management reporting. Without generating any further charges, b) the delivery location is mutually agreed upon Supplier shall collect and deliver a new replacement within 5 working days, or provide a refund if so directed by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arrangedpurchaser. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall No charge must be made in accordance with instructions on for this refund, and it should not just be allocated to the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk)Member as a whole, it must clearly indicate on go to the Purchase Order what inside correct financial cost code as advised by the Member.
8.10 In the event of the replacement taking longer than 5 working days to be delivered and at the specific request and discretion of the Member, the Supplier shall offset the invoice or supply a credit note where the order is not fulfilled to the value of 1% of the order value per working day or 25 GBP (whichever is greater) for each working day the delivery is required delayed. However if the Supplier contacts the Member within 24 hours of collection and informs the Member of an unforeseen delay in delivery, then the Member may cancel the order or accept the delay and compensation will not be due. The Supplier’s maximum liability shall be limited to 000 XXX per whole unit item per order except on spares and accessories where the limit shall be 50 GBP.
8.11 At the mutual agreement of the Supplier and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc.Member, when inside delivery is required.) Delivery for items requiring special handling a loan unit of equal or better specification may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of accepted as a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method temporary replacement and the Authorized User must Supplier shall not be informed of the additional cost prior subject to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargefurther charges.
Appears in 1 contract
Samples: Purchasing Agreement
Delivery. Delivery In the event of all Contract items shall be made the Purchaser returning or failing to accept any delivery of the Goods in accordance with Appendix B, § 45, Product Delivery the Contract the Seller shall be entitled at his option either to deliver and § 47, Contractor must offer invoice the Purchaser for the balance of Goods then remaining undelivered or to suspend or cancel further deliveries under the Contract. The Seller shall be entitled to store at the risk of the Purchaser any Goods which the Purchaser refuses or fails to accept and the Purchaser shall pay all costs of such storage and any additional costs of carriage incurred as a result of such refusal or failure. Subject to the provisions of clause 6.4 (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, bwhere appropriate) the delivery location is mutually agreed upon Goods shall unless delivered by the Authorized User’s Agency Seller's own transport or by a carrier on behalf of the Seller be deemed to have been delivered and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except risk to have passed to the Purchaser upon their transfer to the carrier named by the Purchaser or (in the instance case of special handling as noted in delivery ex works) upon the paragraph belowSeller notifying the Purchaser that the Goods are available for collection. Delivery shall be In the case of the Contract or any order involving more than one delivery if default is made in accordance with instructions payment on the Purchase Order from each Authorized User. Orders due date the Seller shall be delivered within three (3) Business Days from have the time of receipt of order, except right to suspend all or any further deliveries pending payment or to terminate the Contract in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order its entirety by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree notice in writing to the additional chargePurchaser. Shipping costs must Subject to the Purchaser having paid for the Goods in full, delivery of the Goods shall be prepaid made by the vendor Purchaser collecting the Goods at the Seller's premises at any time after the Seller has notified the Purchaser that the Goods are ready for collection or, if some other place for delivery is agreed by the Seller, by the Seller delivering the Goods to that place. Any dates quoted for delivery of the Goods are approximate only and the Seller shall not be liable for any delay in delivery of the Goods howsoever caused. Time for delivery shall not be of the essence unless previously agreed by the Seller in writing. The Goods may be added delivered by the Seller in advance of the quoted delivery date upon giving reasonable notice to the invoice with Purchaser. Where the Goods are to be delivered in instalments, each delivery shall constitute a copy separate contract and failure by the Seller to deliver any one or more of the freight xxxxinstalments in accordance with these Conditions or any claim by the Purchaser in respect of any one or more instalments shall not entitle the Purchaser to treat the Contract as a whole as repudiated. Dry ice charges will only The Purchaser shall indemnify and keep indemnified the Seller against all claims, costs, damage and expenses incurred by or for which the Seller may be allowable and charged liable as a result of the carrying out of any work required to Authorized Users the manufacturer determines the item(s) need to ship be done on ice for quality control. Hazardous materials fees will only be allowable and charged or to the Authorized Users when Goods in accordance with the shipper assesses a hazardous materials charge based on requirements or specifications of the item’s compositionPurchaser involving any infringement or any intellectual property right vested in another person firm or company. Overnight service charges will only be allowable and charged The sale of Goods shall not by implication or otherwise convey any licence under any patent relating to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method product or compositions thereof and the Authorized User must be informed Purchaser expressly assumes all risks of patent infringement by reason of the additional cost prior Purchaser's use or sale of the goods singly or in combination with other materials or in any processing operation whatsoever. The Purchaser warrants that any design or instructions furnished or given by him shall not be such as will cause the Seller to delivery and agree infringe any letters, patents, registered design, trademark or trade name in writing the execution of the Contract. The Seller reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or other statutory requirements or where the Goods are to be supplied to the additional charge. ExpeditedSuppliers specification, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargewhich do not materially affect their quality or performance.
Appears in 1 contract
Samples: Terms and Conditions
Delivery. Delivery The parties agree that conveyance of all Contract items title to the Personalty and Equipment shall be effected on the earlier of the final hand-over certificate execution date or August 30, 1999. Seller shall deliver the Personalty and Equipment to Buyer through Ferronales on the terms established in the respective hand-over certificate, and said delivery shall take place at the offices and shops where said Personalty and Equipment shall be found, delivery thereof being consequently physical. The foregoing is notwithstanding any agreements between the parties to make physical deliveries at locations other than those mentioned above. The parties expressly agree that the hand-over process for the Personalty and Equipment may start on August 18, 1999, which process shall be completed on or before August 30, 1999. Seller may authorize extensions to said terms if it deems so advisable. Buyer shall not be obligated to receive the Personalty and Equipment prior to the first date indicated hereinabove, unless so agreed in writing with Seller. If Buyer fails to receive the Personalty and Equipment which Seller shall deliver to Buyer or which it shall advise Buyer in the sense that they are ready for delivery on such date or any subsequent date, the provisions of Clauses Twelve, Seventeen, Eighteen and Twenty of this Agreement shall apply, without prejudice to any additional liabilities in which Buyer shall incur due to its delay in receiving the Personalty and Equipment. The parties agree that the Personalty and Equipment shall be delivered by Ferronales in "AS-IS" condition at the moment of delivery, notwithstanding the provisions in Clause Seventeen. In any case, the hand-over of each unit of Personalty and Equipment shall be effected by issuing the applicable hand-over certificates, which shall be signed by the representatives of Buyer and Ferronales. In such case, possession of the applicable Personalty and Equipment shall pass upon the execution of the respective partial certificates and the property of such personality shall be transferred as established in Clause Eight. The hand-over certificates shall include a listing of the Personalty and Equipment conveyed at such time to Buyer, stating the general condition thereof. In the case of fuels and lubricants, the volume thereof shall be determined at the time of the hand-over procedure, and Buyer agrees to pay Seller the going market price effective as of said date therefor. Payment shall be made in accordance with Appendix Bwithin 10 calendar days following the date of the respective hand-over certificate. In the case of fuels and lubricants previously incorporated into the Personalty and Equipment, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There they shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etcdeemed a part thereof., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge
Appears in 1 contract
Samples: Purchase and Sale Agreement (Genesee & Wyoming Inc)
Delivery. Delivery TIME IS OF THE ESSENCE IN THE DELIVERY OF ALL PRODUCTS AND SERVICES. Buyer may cancel any Order without penalty if delivery is not made by the date and time specified in the Order and such delay is not due to any action of all Contract items shall be made Buyer or otherwise excused in accordance with Appendix Bthis Agreement. No change in the scheduled delivery date or performance will be permitted, § 45, Product Delivery and § 47, Contractor must offer (a) dock unless Buyer has otherwise agreed in writing. Buyer’s acceptance of Products or Services after the scheduled delivery date shall not be deemed to be a waiver of Buyer’s rights with respect to such late delivery, (b) inside delivery, nor shall it be deemed a waiver of Seller’s obligation to comply with future scheduled delivery dates and (c) inside delivery to desk/bench top at no additional chargetimes. Inside delivery and inside delivery to desk/bench will be made only when Buyer’s schedules are based upon the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions dates shown on the Purchase Order from each Authorized Userface of the Order. Orders The Products or Services shall be delivered within three (3in the quantities and on the dates or on expiry of the periods specified in the Order to the place(s) Business Days named therein at the risk of the Seller, but in no event shall the Products be shipped before the earliest shipping date specified on the face of the Order. The Products shall be properly packed and secured in such manner as to reach their destination such that upon arrival they conform in all respect with the Order, and a packing slip shall accompany each parcel. Title to the Products shall pass to the Buyer on the earlier of payment and delivery to the Buyer or its agents. Transfer of such title shall not in any way prejudice Buyer’s rights of rejection. If any or all of the Products are not delivered on the date(s) specified in the Order, the Buyer shall be entitled to accept or reject any such Products and return rejected Products at Seller’s risk and expense without prejudice to any other of its rights. Buyer shall also be entitled to recover from the time Seller any monies paid by the Buyer in respect of receipt such returned Products together with any additional expenditure reasonably incurred by the Buyer in obtaining other products in replacement. Notwithstanding any language to the contrary on the Proof of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery Delivery (storeroom or desk“POD”), it must clearly indicate signing a POD only signifies that a shipment was received by Buyer or its agent(s). Buyer shall have thirty (30) days to review the contents of the shipment and if no claim is made within such thirty (30) days, this will signify that the delivery was as indicated on the Purchase Order what inside delivery is required and POD; provided, however, that Buyer will always be able to file a claim as to the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery quality of the product unless special instructions Products delivered, and Seller recognizes that the quality may not be ascertainable until the Products are stated on used. This Agreement contains specific brand identifiers for most items. Carnival expects that all items delivered will be of the order by correct brand and item specification. In the Authorized User. Authorized User event that Seller cannot deliver the contracted brand, the Buyer must be informed of notified immediately. In the additional cost event that a brand is delivered that is not the contracted brand and there is no prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days written approval from the time Buyer, Seller agrees that Buyer shall treat such Products, as test samples which are free of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior charge to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeBuyer.
Appears in 1 contract
Samples: Product and Service Supply Agreement (Biohitech Global, Inc.)
Delivery. Delivery 9.1 The Seller’s obligation to make delivery hereunder is subject to the availability of all Contract items the particular Product shown in the Seller’s Sales Confirmation.
9.2 If the Seller at any time and for any reason believes that there may be a shortage of Product at the place of Delivery, it may allocate its available Products among its buyers in such manner as it may decide and in its absolute discretion. The Seller shall not be required to deliver the Product for export of which a government or port or other permit is required and has not been obtained by the Buyer.
9.3 The Buyer shall be made in accordance with Appendix Bresponsible for obtaining all necessary permits, § 45, Product Delivery licenses and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, approvals required to enable the Seller and (c) inside delivery Buyer to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when execute the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance entirety of special handling as noted in the paragraph below. their respective obligations under this Agreement.
9.4 Delivery shall be made in accordance with instructions on one or more consignments at the Purchase Order from each Authorized User. Orders place of Delivery by such means as the Seller deems appropriate.
9.5 The place of Delivery shall be delivered within three (3) Business Days from at a place permitted by the time of receipt of order, except port regulations or authorities concerned. If it is in the instances where opinion of the items being ordered require special handling. If an Authorized User requires an inside Seller that the delivery (storeroom or desk)will likely cause a labour dispute with its employees, it must clearly indicate on the Purchase Order Buyer shall be required to provide its own bunker tanker at its own cost and expense notwithstanding what inside delivery is required had been agreed in the Seller’s Sales Confirmation.
9.6 Subject to the availability of the Product, the availability of facilities at the place of Delivery and the specific location where inside delivery is Buyer providing the required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received notice in accordance with § 2.15Clause 8 hereof, Orderingthe Seller will use its reasonable endeavour to ensure that the Product will be delivered promptly upon the Vessel’s arrival and the Seller shall not in any way be responsible for any loss, expense, damage, demurrage, detention or increased costs incurred in consequence of the Vessel not being supplied promptly or otherwise being delayed or restrained for any reason whatsoever.
9.7 For delivery by bunker tankers, the Buyer shall at its own expense provide a clear and safe berth or safe anchorage for the bunker tanker to proceed and remain safely alongside the receiving Vessel and shall provide all necessary facilities and assistance required to effect delivery. Special The Buyer agrees to pay and indemnify the Seller against all claims and expenses in respect of any loss, damage or delay caused by the receiving Vessel to the delivering bunker tanker.
9.8 The Buyer and the receiving Vessel shall assist in the safe mooring of the bunker tanker and make all connection/disconnection between the delivery hoses or the pipelines and the intake pipe of the receiving Vessel. The Buyer shall render all necessary assistance and provide sufficient tank space and equipment to promptly receive each and every consignment of the Product. It is the Buyer’s and the receiving Vessel’s responsibility to ensure that the Product is being received at a safe rate and pressure and that all receiving equipment utilized are fully functional, oil tight, and in good working order and condition and in every way fit to receive the Product safely. The Buyer warrants that the Vessel shall provide safe access to and onboard her for the Seller’s representative and the crew of the bunker tanker to carry out their work safely on board the Vessel and shall indemnify the Seller for any failure on the part of the Vessel to so provide.
9.9 The receiving Vessel will be bunkered in turn as promptly as circumstances permit and the Seller shall not in any way be liable for demurrage or for any loss due to congestion at load port or to prior commitments of available bunker tanker, or when in Seller’s opinion clear and safe berth is unavailable.
9.10 In the event that the receiving Xxxxxx’s arrival at the place of Delivery is later than the date of Delivery as stated in the Seller’s Sales Confirmation, or the receiving Vessel refuses to receive the Product expeditiously for whatsoever reason, the Buyer and the receiving Vessel shall be expressed jointly and severally liable to the Seller for all losses, additional expenses, charges arising therefrom including without limitation, demurrage at the Seller’s established rates and any increase in number the price of calendar days required the Product.
9.11 In the event that the receiving Vessel arrives earlier or later than the date of Delivery as stated in the Seller’s Sales Confirmation or she is unable or refuses to make receive the Product (see Clause 9.17), the Product will be delivered by the Seller on a reasonable endeavour basis and the Seller is under no obligation whatsoever to effect prompt delivery after and any guarantee or warranty given expressly or impliedly as to prompt delivery is hereby expressly excluded.
9.12 In the event that the receiving Vessel’s representative or crew has accepted the quantity of the Product delivered as evinced by the receiving Vessel’s representative’s or crew’s signature on the bunker delivery note and there is no further written request from the receiving Vessel to the Seller’s bunker tanker prior to the disconnection of the bunker hose, the quantity as shown on the bunker delivery receipt of a purchase order. Delivery or bunker delivery note shall be deemed final and complete and there shall be no further obligation on the most economical method Seller to deliver up to the nominated quantity as specified in the Seller’s Sales Confirmation and the Buyer shall not have any claims against the Seller for any short delivery. However, the proper delivery Seller shall have the right to claim against the Buyer for any losses incurred including but not limited to loss of profit on the difference in quantity delivered and the nominated quantity.
9.13 Quantity of the product unless special instructions are stated on Product delivered shall be determined as follows:
9.13.1 Where the order by Coriolis mass flow meter is used in accordance with SS 648:2019, the Authorized User. Authorized User must be informed quantity of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must Product delivered shall be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge determined solely based on the itembunker tanker’s compositionmass flow meter system and calculations as per the bunker metering ticket.
9.13.2 Where tank gauging is used in accordance with SS 600:2022, the quantity of the Product delivered shall be determined solely based on the delivery bunker tanker’s measurements and calculations taken from tank gauge as per the bunker tanker measurement report.
9.13.3 For avoidance of doubt, quantities calculated from the receiving Vessel’s soundings shall not be used for determining the quantity of the Product delivered. Overnight service charges will only The quantity of the Product delivered as determined in accordance with Clause 9.13 shall be allowable final, conclusive and charged binding on the Buyer.
9.13.4 In any case, should the Buyer’s representative fail or decline to verify the quantities of the Product delivered, the measurements and calculations made by the Seller shall be final, conclusive and binding on the Buyer.
9.14 With regards to the Authorized User Buyer’s request for information on the Place of Delivery or other Place of Delivery, the Seller shall use its reasonable endeavour to obtain or provide the information requested. Whilst every care will be taken by the Seller to check that such information is accurate and up to date, it is the Buyer’s responsibility to countercheck the accuracy of any information provided and such information are furnished to the Buyers on a strict understanding that it is not a contractual representation and that no responsibility of whatsoever nature will attach to the Seller for its accuracy or completeness.
9.15 The Seller shall not be liable for any delay caused to the Vessel due to congestion in ports, at terminal installations, floating storage terminals, bunkering pier or prior commitments of its bunker tanker.
9.16 The Buyer warrants that the Vessel does not have or will not use any VNET calculation on board her, failing which the Seller has the right to decline delivery.
9.17 In the event that the Vessel refuses to allow delivery to commence after the bunker tanker has been alongside her for two hours due to no fault of the bunker tanker or Seller, the Seller may notify the Buyer that the bunker tanker will cast off if delivery is not commenced in the Authorized User requests overnight next one hour and thereafter, any delivery when will be on a reasonable endeavour basis. If the item could be delivered within (3) Business Days bunker tanker is prevented from leaving, not allowed to cast off from or is held back by the time of receipt of order. In any eventVessel, delivery the Seller shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested compensated by the Authorized User. The Authorized User must Buyer for any loss and damage caused thereby including but not limited to any demurrage incurred for or in connection with any subsequent vessels to be informed of supplied by the additional cost prior to delivery and agree in writing to the additional chargebunker tanker.
Appears in 1 contract
Delivery. Deliveries shall be within the following timeframes unless otherwise agreed to, in writing, by the Customer: Order Quantity Delivered Within Up to 199 Cases Ten (10) calendar days after receipt of purchase order 200 – 599 Cases Twenty (20) calendar days after receipt of purchase order 600 or more Cases Thirty (30) calendar days after receipt of purchase order Delivery must be to a receiving point designated by the Customer and accessible by the Contractor. The receiving point may be a loading dock, a point adjacent to the delivery vehicle, a street level to the delivery location, directly inside the door of a facility, or any other location where Commodity deliveries are customary and appropriate. The Contractor shall not leave Products exposed to the outside elements. The Contractor shall notify the Customer of delivery at least three Business Days in advance of delivery. The Contractor shall provide complete and timely delivery of all Contract items ordered Products regardless of the delivery carrier or courier service. No partial deliveries will be accepted unless prior approval is given by the Contractor. The Contractor shall not charge the Customer for delivery. Delivery includes packaging, handling, freight, distribution, and Inside Delivery. All delivery of goods shall be made F.O.B. the place of destination, as defined in accordance with Appendix Bsection 672.319, § 45F.S. All delivery costs, Product excluding the additional cost of special Inside Delivery as identified herein, are included within the prices submitted within Contractor’s bid. The following, additional options are available to the Customer for orders for 10 or more cases and § 47, Contractor must offer be specifically requested on the Customer purchase order: • Expendable pallets (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery cost to desk/bench will be made only when the delivery is aCustomer) feasible, b) the delivery location is mutually • Wooden pallets (at a cost agreed upon to by the Authorized User’s Agency and Customer) • Shrink-wrapped (at no additional cost to the Customer) The Contractor and c) inside delivery can be pre-arranged. There shall be no charges responsible for delivery except in the instance any personal or property damage as a result of special handling as noted in the paragraph belowdelivery. Delivery The Contractor shall be made in accordance with instructions on fully responsible for any damage or defects for all ordered Commodities by the Purchase Order from each Authorized UserCustomer. Orders The Contractor shall notify the Customer of any potential delivery delays within five Business Days after receiving an order. Evidence of repeated inability to deliver within required times or of delivery delays shall be delivered within three (3) Business Days from cause for finding the time of receipt of order, except Contractor is in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etcdefault and/or Contractor suspension., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge
Appears in 1 contract
Samples: State Term Contract
Delivery. Upon timely receipt and successful deposit of the Payment, the Property will be considered sold and the Seller shall modify and register with the NSI all required Information so as to initiate the transfer of control and Ownership and all rights of use of the Property to the Seller within 10 calendar days. The Seller shall not be held responsible for any unusual delays in processing of the Ownership transfer caused by the NSI or the Buyer, but will endeavor to expedite any actions required of the Seller to complete the Ownership transfer. The Seller shall first initiate the delivery of a "New" 'Domain Name Registration Agreement' to the Buyer via e-mail which the Buyer shall complete and e-mail to the NSI who shall auto return a tracking number to the Buyer which shall be forwarded to the Seller by the Buyer in a timely manner. This information must be delivered to the Seller prior to the initiation of the exchange proceedings. This may occur before or after the execution of this Agreement and delivery of payment. The Seller shall then complete a 'Registrant Name Change Agreement', the standard document required by the NSI to allow the Buyer to become the registrant and new owner, and as such, the Buyer shall receive from the Seller a finalized and notarized 'Registrant Name Change Agreement' with which the Buyer shall become familiar, and shall sign and return to the NSI on their own accord. Said agreement shall include authorization to delete the Seller as the registrant and allow the Buyer to become the new registrant and will constitute a contract between the Buyer and the NSI. Delivery of all Contract items the 'Registrant Name Change Agreement' to the Buyer shall be made considered the end of the contract period and fulfillment of the Sellers obligation to the Buyer. The Seller shall further assist, coordinate and cooperate in accordance good faith with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon any reasonable request by the Authorized User’s Agency and Contractor and c) inside delivery can Buyer for assistance with any matter or execution of documents required of the Buyer by the NSI to complete the ownership transfer as may be pre-arrangedpractical while located remotely from the Buyer. There The Buyer shall be no charges responsible to the NSI for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is any and all registration fees and subsequent renewal fees required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeNSI which are currently $35 per year.
Appears in 1 contract
Delivery. Delivery of all Contract items 9.1. Shipping and delivery arrangements shall be made as defined by Incoterms, latest version, in accordance with Appendix Bthe Purchase Orders. Unless otherwise stipulated in the Purchase Orders, § 45deliveries shall only be accepted by the Purchaser in business hours. Unloading shall only take place under the direction and in the presence of the Purchaser as represented by any of its duly empowered representatives.
9.2. The Seller shall ensure that each delivery is accompanied by a delivery note which shows, Product Delivery inter alia, the order number, date of order, number of packages and § 47contents and, Contractor must offer in the case of part delivery, the outstanding balance remaining to be delivered.
9.3. Time for delivery shall be of the essence. Without prejudice to any remedy listed in clause 6, if the Goods are not delivered on the due date then, without prejudice to any other rights which it may have, the Purchaser reserves the right to:
(a) dock delivery, refuse to accept and to pay for the relevant Goods;
(b) inside deliveryterminate the Contract and, and consequently, refuse any subsequent delivery of the Goods; and, jointly with the exercise of any of the remedies above,
(cd) inside delivery to desk/bench top at no claim damages for any additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasiblecosts, b) the delivery location is mutually agreed upon loss or expenses incurred by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in Purchaser which are attributable to the instance Seller's failure to deliver the Goods on the due date, with a minimum of special handling as noted in 3% of the paragraph below. Delivery shall be made in accordance with instructions on value of the Purchase Order from each Authorized Userper week of delay.
9.4. Orders shall be delivered within three (3) Business Days from Where the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree Purchaser agrees in writing to accept delivery by instalments the additional chargeContract shall be construed as a single contract in respect of each instalment. Shipping costs must be prepaid Nevertheless failure by the vendor and may be added Seller to deliver any one instalment shall entitle the Purchaser at its option to treat the whole Contract as repudiated.
9.5. If the Goods are delivered to the invoice with a copy Purchaser in excess of the freight xxxxquantities ordered, the Purchaser shall not be bound to pay for the excess and any excess shall be and shall remain at the Seller’s risk and shall be returnable at the Seller’s expense.
9.6. Dry ice charges will only The Purchaser shall not be allowable and charged deemed to Authorized Users have accepted the manufacturer determines Goods until it has had a minimum period of 7 days – or longer, if so agreed between the item(s) need parties – following delivery to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of orderinspect them. In addition to any eventother remedy available, delivery the Purchaser shall be have the most economical method right to ask for return and replacement of any defective Goods after inspection. Once accepted, the Authorized User must be informed Purchaser reserves the right to communicate any detected defects and, in such case, exercise any of the additional cost prior to delivery and agree in writing to rights under the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeClause 6.
Appears in 1 contract
Samples: General Purchase Conditions
Delivery. Delivery 6.1 Unless otherwise agreed, delivery of all Contract items Goods must be carriage paid to the delivery point specified in the Purchase Order (or, if none is specified, to the Buyer's address, as stated by the Buyer or shown overleaf) and received by an authorised representative of the Buyer.
6.2 The date of delivery or performance of the Deliverables shall be made as specified in the Purchase Order or any written amendment thereof by the Buyer (and, in default, within 28 days of the issue of the Buyer's Purchase Order). Deliveries of Goods will only be accepted between 8 a.m. - 4 p.m. Monday to Friday excluding Bank or other public holidays at the Buyer's premises. Arrangements regarding deliveries to other locations shall be as agreed by the parties. Deliverables to be performed at the Buyer's premises shall be performed during the Buyer's standard working hours, from time to time applicable, unless otherwise agreed. The time for delivery and performance of the Contract shall be of the essence.
6.3 If Deliverables are delivered or performed otherwise than in accordance with Appendix Bthe Contract, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There Seller shall be no charges liable for delivery except any additional expense incurred in complying with the instance Contract.
6.4 If the Seller fails to deliver or perform some or any of special handling as noted in the paragraph below. Delivery shall be made Deliverables in accordance with instructions the Contract on the Purchase Order from each Authorized User. Orders due date for delivery or performance, as referred to in Condition 7.2, then without prejudice to the Buyer's rights and remedies for the breach of Contract, the Buyer may, at its sole discretion:-
a. agree with the Seller a reduced price for the Deliverables actually delivered or performed; or
b. subject to prior notice to the Seller, terminate the Contract, in which case (without prejudice to the Buyer's other remedies) the Seller shall be delivered within three (3) Business Days promptly collect any Goods which have already been delivered; or
c. recover from the time of receipt of orderSeller any expenditure reasonably incurred by the Buyer in obtaining substitute Deliverables from a third party and claim damages for any additional costs, except loss or expenses incurred by the Buyer which are in any way attributable to the instances Seller's failure to deliver or perform the Deliverables on the due date; or
d. where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), Seller delivers to the Buyer a quantity of Deliverables which is less than it must clearly indicate on the Purchase Order what inside delivery is required contracted to deliver and the specific location where inside delivery is required Buyer has not exercised its rights of termination under Condition 7.4(b) above, the Buyer may:
i. accept the Deliverables which correspond to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc.the Contract, when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method recover for the proper delivery Seller's breach in respect of the product unless special instructions are stated on failure to deliver or provide the order by the Authorized User. Authorized User must be informed remainder of the additional cost prior Deliverables and require the Seller promptly to delivery and agree deliver or provide sufficient Deliverables which correspond to the Contract to comply with the quantity required, or ii. require the Seller to re-perform all or part of the Deliverables free of charge .
6.5 The Buyer may exercise these rights by written notice to the Seller.
6.6 Where the Buyer agrees in writing to accept delivery by instalments the additional chargeContract shall be construed as a single contract in respect of each instalment. Shipping costs must be prepaid Nevertheless failure by the vendor and may be added Seller to deliver any one instalment shall entitle the Buyer at its option to treat the whole Contract as repudiated.
6.7 If the Deliverables are delivered or provided to the invoice with a copy Buyer in excess of the freight xxxx. Dry ice charges will only quantities ordered the Buyer shall not be allowable bound to pay for the excess and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery excess shall be free of charge and, in the most economical method case of Goods, shall remain at the Seller's risk and shall be returnable at the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeSeller's expense.
Appears in 1 contract
Samples: Standard Conditions of Purchase
Delivery. Delivery of all Contract items 9.1 Shipping and delivery arrangements shall be made as de-fined by INCOTERMS, latest version, in accordance with Appendix Bthe Purchase Orders. Unless otherwise stipulated in the Purchase Orders, § 45deliveries shall only be accepted by the Purchaser in normal business hours. Unloading shall only take place under the direction and in the presence of the Purchaser.
9.2 The Seller shall ensure that each delivery is accompanied by a delivery note which shows, Product Delivery inter alia, the order number, date of order, number of packages and § 47contents and, Contractor must offer in the case of part delivery, the outstanding balance remaining to be delivered.
9.3 Time for delivery shall be of the essence. Without prejudice to any remedy listed in clause 6, if the Goods are not delivered on the due date then, without prejudice to any other rights which it may have, the Purchaser reserves the right to:
(a) dock delivery, cancel the Contract in whole or in part;
(b) inside deliveryrefuse to accept and to pay for the Goods, and as well as any subsequent delivery of the Goods;
(c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when recover from the delivery is a) feasible, b) the delivery location is mutually agreed upon Seller any expenditure reasonably incurred by the Authorized User’s Agency and Contractor and cPurchaser in obtaining the Goods in substitution from another supplier; and
(d) inside delivery can be pre-arranged. There shall be no charges claim damages for delivery except in any additional costs, loss or expenses incurred by the instance Purchaser which are attributable to the Seller's failure to deliver the Goods on the due date, with a minimum of special handling as noted in 3% of the paragraph below. Delivery shall be made in accordance with instructions on value of the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from per week of delay.
9.4 Where the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree Purchaser agrees in writing to accept delivery by instalments the additional chargeContract shall be construed as a single contract in respect of each instalment. Shipping costs must be prepaid Nevertheless, failure by the vendor and may be added Seller to deliver any one instalment shall entitle the Purchaser at its option to treat the whole Contract as repudiated.
9.5 If the Goods are delivered to the invoice with a copy Purchaser in excess of the freight xxxx. Dry ice charges will only quantities ordered, the Purchaser shall not be allowable bound to pay for the excess and charged any excess shall be and shall remain at the Seller's risk and shall be returnable at the Seller's expense.
9.6 The Purchaser shall not be deemed to Authorized Users have accepted the manufacturer determines the item(s) need Goods until it has had 7 days following delivery to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of orderinspect them. In addition to any eventother remedy available, delivery the Purchaser shall be have the most economical method right to ask for return and the Authorized User must be informed replacement of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered any defective Goods after inspection or within (3) Business Days from the a reasonable time after it becomes aware of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargea latent defect.
Appears in 1 contract
Delivery. Delivery (a) Title to a Product sold pursuant to this Agreement shall pass at the F.O.B. point by Seller as described in Section 15(b). Any loss or damage to a Product prior to the passing of all Contract items title shall be for the account and risk of Seller and after the passing of title shall be for the account and risk of Customer.
(b) Shipments of Product may be made FOB Origin, freight collect ("OC"). When Customer requests Seller to arrange the transportation of the Product, Seller shall ship Product freight collect in accordance with Appendix Bthe Shipping and Carrier Routing Instruction, § 45, Product Delivery and § 47, Contractor must offer (a) dock deliveryEXHIBIT G-2 hereof entitled " VERIZON TRANSPORTATION ROUTING INSTRUCTION ", (b) inside deliverywhich Customer may revise and provide to Seller), and unless otherwise specified on Customer's Order.
(c) inside delivery Failure of Seller to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made ship Product in accordance with Customer's freight routing instructions may result in charge-backs to Seller for excess freight charges.
(d) Unless instructed otherwise by Customer, Seller shall, for Orders placed, (i) see that all subordinate documents bear Customer's Order number; (ii) enclose a packing list with each shipment and when more than one package is shipped, identify the one containing the packing list; (iii) mark Customer's Order number on packages as required and all shipping papers; (iv) render invoices showing Customer's Order number; (v) render separate invoices for each shipment or Order; (vi) invoice Customer by mailing or otherwise transmitting invoices, bills, and notices to the billing address on the Purchase Order from each Authorized UserOrder; and (vii) make available a bill of lading upon request. Orders If requested by Cxxxxxxx, Seller will forward shipping notices with invoices.
(e) Standard delivery intervals for Product shall be delivered within three (3) Business Days from the time of receipt of order, except specified in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as EXHIBIT B-3 hereof entitled "INSIDE PRODUCT DELIVERY TO ROOM [number] LOCATED ON [number] FLOORINTERVAL," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with amended only by a copy of the freight xxxxwritten document signed by both parties. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight Standard delivery when the item could be delivered within (3) Business Days intervals begin from the time date of Seller's receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeCustomer's Order.
Appears in 1 contract
Samples: Product Purchase Agreement (Tii Network Technologies, Inc.)
Delivery. Delivery (a) Upon completion of the construction of the Platform and the tests and trials as provided in the Specifications, and after having obtained all Contract required approvals and certifications from ABS and the Regulatory Bodies, Builder shall tender delivery of the Platform to Owner. Prior to tendering delivery, Builder shall have remedied at Builder's sole cost and expense any defects discovered by Owner, Builder or ABS in Builder's workmanship or materials including installation of Owner Furnished Equipment or any other non-conformity of the Platform with the requirements of the Specifications and this Agreement and shall have performed any re-tests necessary to ensure that such items have been fully corrected. Owner shall accept such tender of delivery, and Owner shall not have the right to refuse to accept delivery of the Platform provided the same is substantially completed, except for minor items acceptable to Owner to be completed as mutually agreed between Owner and Builder, and capable of being utilized by Owner. Any remaining items shall be made in accordance with Appendix Bcompleted by Builder following delivery and prior to departure of the Platform from Builder's yard, § 45, Product Delivery or Owner and § 47, Contractor must offer (a) dock delivery, Builder may mutually agree on an appropriate reduction of the Contract Price for such remaining items.
(b) inside deliveryTo evidence acceptance of the Platform by Owner, Builder and Owner shall execute and deliver a Protocol of Acceptance and Delivery acknowledging delivery of the Platform. Builder shall further deliver to Owner a Xxxx of Sale confirming the conveyance of title to the Platform to the Owner, which Xxxx of Sale shall (i) generally describe the Platform as a mobile, self-contained and elevating platform, (ii) contain a general warranty of title and freedom from liens (except as to matters arising by, through, or under Owner) in favor of the Owner, and (iii) be deemed to contain the additional warranties and covenants set forth in Section 11 of this Agreement without the necessity of making any reference to such warranties in the Xxxx of Sale. Builder shall also deliver to Owner the remaining delivery documents set forth in the Specifications.
(c) inside delivery to desk/bench top Builder shall deliver the Platform along side Builder's dock at no additional chargeBuilder's Yard. Inside Following delivery and inside acceptance, Owner shall have the right to dock the Platform at Builders Yard for a period not to exceed thirty (30) days, after which time the Platform must depart from Builder's Yard. During such post-delivery docking period, Owner shall pay to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no Builder its standard charges for delivery except in the instance of special handling as noted in the paragraph belowshore power, potable water, and security guard service. Delivery shall All such charges must be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required paid by Owner to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged Builder prior to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery departure of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days Platform from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeBuilder's Yard.
Appears in 1 contract
Samples: Platform Construction Agreement (Chiles Offshore LLC)
Delivery. Delivery The Seller shall deliver Product(s) F.O.B. Origin unless otherwise specified by Seller. On request by the Buyer, Seller shall arrange for export and shipment of Product(s) (including transit insurance) at the Buyer's risk and expense, to the destination specified by the Buyer. The Buyer is responsible for obtaining all Contract items import permits and customs clearances required to ship the Product(s). Upon delivery, title of the Product(s) transfers to Buyer and Buyer bears all risk of loss or damage and the cost of shipment. Seller shall not be made liable for liquidated, consequential, incidental, indirect or punitive damages or penalties for late delivery. Seller shall arrange shipment of the Product(s) via the mode directed by the Buyer. If the Buyer does not specify the mode of shipment, then the Seller shall arrange to ship the Product(s) by the most cost-effective method; however, in either case, the Buyer shall bear the cost of shipment. The Seller shall not be liable for loss or damage for delay in delivery or failure to manufacture due to causes beyond its reasonable control and/or lack of timely instructions or essential information from Buyer. Where the Buyer notifies the Seller that it cannot take timely delivery of the Products, Seller may place such Products in storage, at the risk of Buyer, and Buyer shall reimburse Seller for all expenses incurred in connection with such storage. Buyer shall dispose of the packing materials for the Products at its own expense, and shall defend, Indemnify and hold harmless the Seller from any legal obligations in connection with such packing waste. Shortages must be reported in writing to Seller within five (5) calendar days after receipt; otherwise, shipment is presumed to be complete and in accordance with Appendix B, § 45, Product Delivery the xxxx of lading and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery packing list. Buyer shall provide proof of shortage to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with include a copy of xxxx of lading and/or packing slip. Seller may refuse to deliver a Product(s) if Seller believes, on reasonable grounds, that the freight xxxx. Dry ice charges Buyer will only be allowable and charged unable or unwilling to Authorized Users pay for the manufacturer determines product within the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargepayment terms.
Appears in 1 contract
Delivery. Delivery 1. Time of delivery shall not be of the essence of any Contract.
1. The terms and conditions for delivery set out in this clause 8 are only applicable for delivery within the United Kingdom (save for clause 8.1 which shall apply in all Contracts). For delivery outside the UK the parties shall agree delivery terms and no Contract shall come into existence until such terms have been agreed.
2. Unless otherwise agreed delivery of the Goods shall take place at the Purchaser's place of business.
3. Where The Outdoors Company makes delivery of the Goods to the Purchaser's place of business or any other place as agreed in writing, all charges in relation to carriage, including, without limitation transport costs, insurance and unloading, will at The Outdoors Company's option, be borne by the Purchaser.
4. If for any reason the Purchaser does not accept delivery of any of the Goods when they are ready for delivery then the Goods will be deemed to have been delivered, risk passing to the Purchaser (including for loss or damage caused by The Outdoors Company’s negligence) and The Outdoors Company may:
1. store the Goods until actual delivery whereupon the Purchaser will be liable for all related costs and expenses (including without limitation storage and insurance); or
2. sell the Goods at the best price readily obtainable and (after deduction of all reasonable storage and selling expenses) charge the Purchaser for any shortfall below the Contract items price.
5. The Outdoors Company reserves the right to deliver in instalments and any failure to deliver one instalment will not entitle the Purchaser to terminate the Contract.
6. The quantity of any consignment of Goods as recorded by The Outdoors Company upon despatch from The Outdoors Company’s place of business shall be conclusive evidence of the quantity received by the Purchaser on delivery unless the Purchaser can provide conclusive evidence proving the contrary.
7. Claims for shortages or damaged Goods must be made in accordance with Appendix Bwriting to The Outdoors Company within 3 days of receipt of the Goods, § 45failing which the Purchaser shall be deemed to have accepted the Goods and The Outdoors Company shall have no further liability for shortages or damaged Goods, Product Delivery and § 47, Contractor subject to clause 10.
8. Claims for non delivery must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when to The Outdoors Company within 10 days of date of despatch shown on invoice or any other date of despatch notified by The Outdoors Company to the delivery is aPurchaser, failing which The Outdoors Company shall have no further liability to the Purchaser for non delivery. Returns
1. Notwithstanding any other provision in the Contract, The Outdoors Company may at its option (but shall not be obliged to) feasibleallow the Purchaser to return the Goods upon the following conditions:
1. that the relevant Goods are non-faulty;
2. that the relevant Goods are Goods that are ordinarily held in stock at one of The Outdoors Company’s locations;
3. that the relevant Goods have not been customised or altered to the Purchaser’s requirements, b) the delivery location is mutually agreed upon either by the Authorized User’s Agency Purchaser or by The Outdoors Company.
4. that the Purchaser notifies The Outdoors Company within 10 days of delivery of its desire to return the Goods;
5. that the Goods are returned to The Outdoors Company within 15 days of delivery;
6. that the Goods are undamaged, in the original packaging, with all trademarks or other labelling intact and Contractor fully suitable for re-sale;
7. the Purchaser agrees to pay The Outdoors Company 20% or £15 whichever is greater as a handling fee against the return of non-faulty standard Goods.
2. In the event that the Outdoors Company allows the Purchaser to return Goods pursuant to clause 9.1 then The Outdoors Company and c) inside delivery can be pre-arranged. There the Purchaser shall agree whether the Goods shall be no charges for delivery except delivered by the Purchaser to The Outdoors Company or collected by The Outdoors Company from the Purchaser.
3. Notwithstanding any other provision in these Conditions or the Contract, The Outdoors Company may from time to time at its sole option accept the return of non standard, non faulty Goods upon separate rates, terms and conditions, to be agreed with the Purchaser in advance of any such return. Non standard Goods are Goods which are not ordinarily held in stock at one of The Outdoors Company’s locations. Quality
1. If The Outdoors Company establishes to its reasonable satisfaction that there is a defect in the instance Goods or there is some other failure by The Outdoors Company in relation to the conformity of special handling as noted the Goods with the Contract, then The Outdoors Company shall, at its option, at its sole discretion and within a reasonable time:
1. replace such Goods with goods which are in the paragraph below. Delivery shall be made all respects in accordance with instructions on the Purchase Order from each Authorized UserContract; or
2. Orders issue a credit note to the Purchaser in respect of the whole or part of the Contract price of such Goods as appropriate having taken back such Goods, subject, in every case, to the remaining provisions of this clause 10 provided that the liability of The Outdoors Company under this clause 10 shall be delivered in no event exceed the purchase price of such Goods and performance of any one of the above options shall constitute an entire discharge of The Outdoors Company’s liability under this warranty.
2. This clause 10 shall not apply unless the Purchaser:
1. notifies The Outdoors Company of the alleged defect within three (3) Business Days from 3 days of the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on Purchaser discovers or ought to have discovered the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargedefect;
Appears in 1 contract
Samples: Terms and Conditions
Delivery. Delivery 3.1 Time is of all Contract items the essence in Supplier’s performance of its obligations as stated in the Purchase Order. Supplier will immediately notify Navico if Supplier’s timely performance under the Purchase Order is delayed or is likely to be delayed. Navico’s acceptance of Supplier’s notice will not constitute Navico’s waiver of any of Supplier’s obligations.
3.2 If Supplier fails to deliver Work as specified in the Purchase Order then without prejudice to any other rights it may have, Navico may: (i) cancel the Purchase Order in whole or part; (ii) refuse to accept any subsequent delivery of the Work which the Suppler attempts to make; (iii) recover from the Supplier any expenditure reasonably incurred by Navico in obtaining the Work in substitution from another supplier; and (iv) claim liquidated damages for any additional costs, loss or expenses incurred by Navico which are in any way attributable to the Supplier’s failure to deliver the Work on the due date. Supplier and Navico agree that such amounts, if assessed, (i) are an exclusive remedy for the agreed delay period; (ii) are a reasonable pre-estimate of the damages Navico will suffer as a result of delay based on circumstances existing at the time the Purchase Order was issued and (iii) are to be assessed as liquidated damages and not as a penalty. In the absence of agreed to liquidated damages, Navico shall be made entitled to recover damages that it incurs as a result of Supplier’s failure to deliver as stated in the Purchase Order. Navico’s remedies are cumulative and Navico shall be entitled to pursue any and all remedies available at law or equity.
3.3 If Supplier delivers Work after the Delivery Date, Navico may reject such Work.
3.4 Navico will hold any Work rejected under this Purchase Order at Supplier’s risk and expense, including storage charges, while awaiting Supplier’s returns shipping instructions. Supplier will bear all return shipping charges, including without limitation, insurance charges Navico incurs on Supplier’s behalf. Navico may, in its sole discretion, destroy or sell at a public or private sale any rejected Work for which Navico does not receive return shipping instructions within a reasonable time, and apply the proceeds, if any, first toward any storage charges. Any items which are not accepted by Navico or returned to Supplier under Section 8.3 and which are marked with any trademark (including, without limitation any logo), both registered and common law, will be destroyed by Supplier. In no event will Supplier deliver or sell any such items to any third party.
3.5 Supplier will preserve, pack, package and handle the Deliverables and Products so as to protect the Deliverables and Work Product from loss or damage and in accordance with Appendix Bbest commercial practices in the absence of any specifications Navico may provide. Without limiting the foregoing, § 45Supplier shall observe the requirements of any local laws and regulations relating to hazardous Work, Product Delivery including, without limitation, with respect to its accompanying information, packing, labeling, reporting, carriage and § 47disposal.
3.6 Supplier will include with each delivery of Products a packing list identifying the Purchase Order number, Contractor must offer the Navico part number for each of the Products (a) dock deliveryif applicable), (b) inside deliverya description and the quantity of each of the Products, and (c) inside delivery the date of shipment.
3.7 Unless Navico expressly instructs otherwise, Supplier will deliver all Work to desk/bench top Navico’s manufacturing facility at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except address set forth in the instance Purchase Order and such Work will only be accepted by Navico in normal business hours. Supplier assumes responsibility for all shipping and delivery charges including, without limitation, customs, duties, costs, taxes and insurance. Risk of special handling as noted in loss of the paragraph below. Delivery shall be made Work passes to Navico upon acceptance in accordance with instructions on Section 6.
3.8 The date for delivery shall be specified in the Purchase Order, or if no such date is specified, then delivery shall take place within 28 days of the Purchase Order.
3.9 Where Navico agrees in writing to accept delivery by installments the Purchaser Order will be construed as a single Purchaser Order in respect of each installment. Nevertheless failure by the Supplier to deliver any one installment shall entitle Navico at its option to treat the whole Purchaser Order as repudiated.
3.10 If the Works are delivered to Navico in excess of the quantities ordered the Works shall not be bound to pay for the excess and any excess will be and will remain at the Supplier’s risk and will be returnable at the Supplier’s expense.
3.11 All delivery designations as stated in the Purchase Order from each Authorized User. Orders shall are INCOTERMS 2000.
3.12 If the Supplier requires Navico to return any packaging material to the Supplier that fact must be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate stated on the any Purchase Order what inside delivery is required delivered to Navico and the specific location where inside delivery is required to be made. (Authorized Users should use terminology any such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges packaging material will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged returned to the Authorized Users when Supplier at the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed cost of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeSupplier.
Appears in 1 contract
Samples: Purchase Order Agreement
Delivery. 8.1 Unless otherwise stated in the relevant Purchase Order the Supplier shall deliver all Shipments Ex Works (Incoterms 2010) to the Delivery Location by the Delivery Date and the Customer shall make all necessary arrangements to load and collect the Products from the Delivery Location. The Supplier shall without charge provide reasonable assistance to the Customer’s carrier in loading the Products at the Delivery Location.
8.2 The Supplier shall not deliver any Shipment more than five (5) Business Days in advance of all Contract items shall be made the Delivery Date without the prior written consent of the Customer.
8.3 The Supplier may not deliver Shipments by instalments other than as specified in the Purchase Order without the Customer’s prior written consent. Where delivery of such other
8.4 If a Shipment is not delivered on the specified Delivery Date or in advance of the Delivery Date in accordance with Appendix Bclause 8.2, § 45then, Product Delivery without limiting any other right or remedy the Customer may have, the Customer may:
8.4.1 refuse to take any subsequent attempted delivery of the Shipment; and
8.4.2 obtain substitute products from another manufacturer and/or supplier and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, recover from the Supplier any costs and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon expenses reasonably incurred by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except Customer in the instance of special handling as noted in the paragraph below. Delivery shall be made obtaining such substitute products; and/or
8.4.3 claim liquidated damages in accordance with instructions Schedule 4 provided that the Delay Period shall be until such time as the substitute Products are obtained; and/or
8.4.4 claim damages for any other costs, expenses or losses resulting from the Supplier's failure to deliver the Shipment on the Delivery Date, provided that the Supplier shall have no liability for any failure or delay in delivering Shipment to the extent that such failure or delay is caused by the Customer's failure to comply with its obligations under this Agreement.
8.5 Each Shipment shall be accompanied by a delivery note from the Supplier showing the PO Number, the date of the Purchase Order, the type and quantity of Products included in the Shipment and, where relevant, the outstanding balance of Products covered by the same Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required remaining to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etcdelivered.
8.6 If the Supplier requires the Customer to return any Packaging materials to the Supplier, when inside delivery is required.) Delivery for items requiring special handling may that fact must be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are clearly stated on the order by delivery note accompanying the Authorized User. Authorized User must be informed of the additional cost prior to delivery relevant Shipment, and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery such returns shall be at the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeSupplier's expense.
Appears in 1 contract
Samples: Manufacturing Agreement
Delivery. Delivery of all Contract items A. Deliveries shall be made both in accordance with Appendix B, § 45, Product Delivery quantities and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions times specified on the Purchase Order from or on Releases furnished by Purchaser. Time and quantity of delivery are of the essence of each Authorized UserOrder. Orders Seller shall be delivered within three (3) Business Days from adhere to shipping directions specified on the time Order or Releases. Seller understands that the Purchaser is not able to check the received quantities immediately upon the receipt and agrees that the Purchaser shall have the right to refuse the excess quantities by sending the declaration of refusal to the Seller at any time, even after the receipt of order, except in the instances where the items being ordered require special handlinginvoice. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to Purchaser shall not be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make payment for Goods delivered to Purchaser that are in excess of firm quantities and delivery after receipt schedules specified in Purchaser's Releases. Purchaser may change the rate of scheduled shipments or direct temporary suspension of scheduled shipments, neither of which shall entitle Seller to a purchase ordermodification of the price of Goods covered by any Order. Delivery With each delivery, Seller shall be deemed to have made the most economical method for representations, warranties and covenants with respect to its financial and operating condition provided in Section 14.
B. Premium shipping expenses and/or other related expenses necessary to meet delivery schedules set forth in Releases shall be Seller's sole responsibility, unless the proper delivery delay or expense was solely the result of Purchaser’s negligence and Seller provides Purchaser with notice of any claim against Purchaser within ten (10) days after the occurrence of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed alleged negligent action of the additional cost prior Purchaser giving rise to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy such claim.
C. Notwithstanding any agreement concerning payment of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any eventexpenses, delivery shall be the most economical method not have occurred and the Authorized User must be informed risk of loss shall not have shifted to Purchaser until the additional cost prior Goods have been delivered to delivery Purchaser's applicable facility and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargehave been accepted at that facility.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Delivery. Delivery The Seller shall deliver the Items to Purchaser on the date(s) indicated in the Purchase Order. Time is of the essence. If Seller anticipates that it will not deliver the Items on the date(s) indicated, Seller shall immediately notify Purchaser by the fastest available means of the anticipated failure and the anticipated actual delivery date. If Seller fails to make delivery of any part of the Items on the date(s) indicated in the Purchase Order, the Purchaser may terminate the Contract and pursue other remedies. Unless otherwise indicated on the Purchase Order, all Contract items shipments shall be delivered F.O.B. to the destination designated by Purchaser in the Purchase Order, and title and risk of loss shall remain with Seller until the Items in a completed state are received by Purchaser, its agent or consignee regardless of whether or not Purchaser has made in accordance with Appendix Bfull payment for the Items. Seller will mail Bills of Lading and Shipping Notices directly to the F.O.B. destination on the day of shipment unless Purchaser requests otherwise. Bills of Lading shall indicate the relevant Purchase Order number. Purchaser may require adherence to its routing instructions, § 45and any savings resulting from adherence to such instructions shall be for the benefit of Purchaser. Seller, Product Delivery and § 47or the carrier it uses to deliver Items, Contractor must offer whichever is applicable, shall: (a) dock deliverymaintain a “satisfactory” safety rating from the U.S. Department of Transportation and shall provide Purchaser with written proof of such rating on request if the carrier is a motor carrier, and (b) inside deliveryshall maintain comprehensive general liability, bodily injury and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when property damage insurance in not less than the delivery is a) feasible, b) the delivery location is mutually agreed upon amount required by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There Insurance Section, unless a larger amount is required by any federal, state, or local regulatory agency, in which event such larger amount shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etcmaintained., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge
Appears in 1 contract
Delivery. Delivery Time is of all Contract items shall be made in accordance with Appendix B, § 45, Product the essence for Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional chargeall other obligations arising herein. Inside delivery and inside delivery to desk/bench will be made only when “Delivery Date” and/or “Dock Date” shall mean the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery date Supplier is required to deliver the Product to the locations designated on Buyer’s Purchase Order. If Supplier does not meet the scheduled Delivery Dates, and Supplier fails to demonstrate to Buyer that it has taken best commercial efforts to comply with meeting the Delivery Dates, then Buyer may, at its option cancel this Purchase Order, or any part of this Purchase Order without incurring any liability. If Buyer requests expedited shipment of any late deliveries, Supplier will be maderesponsible for shipping cost. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc.Supplier will not ship ahead of the scheduled Delivery Date unless authorized by Buyer in writing. Buyer may re- turn, at its option, all unauthorized early shipments to Supplier at Supplier’s expense. Payments for early shipments unauthorized by Buyer will be postponed until the applicable due date after the scheduled Delivery Date. Supplier, when inside delivery is required.) Delivery it has reason to believe that deliveries will not be made as scheduled, will provide immediate written notice to Buyer setting forth the cause of such anticipated delay. Supplier shall be, in addition to any other remedy available to Buyer, liable for items requiring special handling Buyer’s documented additional expenses due to its failure to deliver in the event that it fails to provide such notice. Notwithstanding the above, neither Buyer or Supplier will be liable for delays or defaults due to fires, floods, earthquakes, riots, storms or acts of civil or military authority and without their fault or negligence. In the event that any such condition exists as to Supplier, Buyer may at its option, cancel affected Purchase Order in whole or in part. All internationally shipped products will be shipped under "FCA Suppliers Facility (Incoterms 2010)". Products shipped under domestic transport may be charged FCA or other Incoterm agreed between Supplier and Jabil. For FCA terms, Supplier must utilize the carriers or forwarder provided in Jabil’s shipping guidelines for the transit from Supplier’s facility to Authorized Usersthe Jabil’s receiving dock. Orders Supplier must utilize Jabil’s specified transportation agent for all shipments. If Supplier uses any other transportation agent, Supplier will reimburse Jabil for any additional costs incurred for transportation. If no transportation agent is specified, Supplier will use a transportation agent acceptable to Jabil. Title shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required transferred to make delivery after receipt of a purchase order. Delivery shall be Jabil upon the most economical method for the proper physical delivery of the product unless special instructions are stated Products to the final destination designated on Jabil's 00-LL10-PURTC-001-H Jabil Confidential Information Rev. 6/2017 Purchase Order . Jabil assumes risk of loss for Products when Products have been received by Jabil’s carrier or forwarder. In the order by the Authorized User. Authorized User must be informed event a tooling Delivery is delayed and it is estimated that such delay will exceed more than 25% of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In agreed completion Date/Delivery time, Buyer may, at its option cancel this Purchase Order without incurring any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeliability.
Appears in 1 contract
Samples: Purchase Order
Delivery. Delivery of all Contract items shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside deliveryBy signing this Agreement, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days effect from the time (and subject to) the Company having formally resolved to issue a number of new shares in the Private Placement (the “New Shares”) which is equal to or exceeds the total number of Borrowed Shares, the Lender gives SEB (on behalf of the Managers) the power to execute the Lending Optionand shall transfer the Borrowed Shares to the Managers’ VPS accounts as instructed by the Manager. The Managers may not transfer any Borrowed Shares to an applicant in the Private Placement before such applicant has paid the full subscription amount to the Managers. Further, the Managers may never transfer more Borrowed Shares to an applicant than such applicant has applied for and been allocated in the Private Placement. Upon receipt of orderthe full proceeds from the Private Placement, except the Company shall, without undue delay thereafter, ensure issuance of the New Shares in VPS and instruct its VPS account manager to deliver them to SEB as full discharge of the Company’s obligations to deliver New Shares towards the applicants under the Terms of Application. As soon as reasonably possible upon, and subject to, receipt of the New Shares, SEB shall transfer a number of New Shares that equals the number of Borrowed Shares borrowed from the Lender to the Lender’s VPS account, as full and final settlement of the Managers’ obligation to re-deliver the Borrowed Shares. Further, SEB shall at the same time transfer to the Lender’s VPS account the number of New Shares allocated to the Lender in the instances where Private Placement. For the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk)avoidance of doubt, SEB shall under no circumstance be obliged to deliver any shares to the Lender until the business day following the date when the Company has issued the New Shares to SEB, and in any case not unless and until it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology has actually received such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be New Shares from the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing Company corresponding to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy number of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeBorrowed Shares.
Appears in 1 contract
Samples: Share Lending Agreement (Hafnia LTD)
Delivery. Delivery of all Contract items Seller shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer deliver Integrated Products to Imperva (a) dock delivery, (b) inside deliveryor the designated Customers), and title and risk of loss to Integrated Products purchased under this Agreement shall pass to Imperva upon shipping of the Integrated Products to their final destination and updating Imperva of such delivery by a shipping log, as set forth in Exhibit A of the Agreement (c) inside delivery including part number, revision, Serial Number, Challenge key, Tracking number, end user and Order number). Imperva shall pay for all costs of shipping and shipping insurance. Unless Imperva specifies, in writing, the method of shipment and carrier to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasibleused, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There Seller shall be no charges for delivery except ship Integrated Products in the instance manner it reasonably deems appropriate given the nature of special handling as noted the Integrated Products. Notwithstanding the foregoing, Seller will, at Seller’s expense, pack, palletize and label all Integrated Product shipments (in a manner acceptable to the paragraph belowcarriers and that ensures the Integrated Products safe delivery). Delivery shall be made in accordance with instructions on In the Purchase Order event Seller becomes aware of any circumstances that may delay the shipping from each Authorized User. Orders shall be delivered within three (3) Business Days Xxxxxxx to the Fulfillment Center or delivery from the time Fulfillment Center to Imperva (or its designated Customer) of receipt any Integrated Products, Seller will immediately notify Imperva in writing of order, except in such possible delay (such notice will detail the instances where reasons for the items being ordered require special handlingdelay and a revised estimated delivery date). If an Authorized User requires an inside delivery any arrival of Integrated Products at the applicable Fulfillment Center or any shipping to Imperva (storeroom or desk)the designated Customers) is delayed for more than [***] days, it must clearly indicate on Imperva shall have the Purchase Order what inside delivery is required right to deem a material breach and terminate this Agreement according to section 7 and/or cancel any part of the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a delayed purchase order. Delivery In addition, with respect to a delay in the arrival of Integrated Products at the Fulfillment Center (“Delay Type A”), and with respect to a delay in shipping of ordered Integrated Product to Imperva or to Imperva’s designated Customer (“Delay Type B”), Seller shall be (within thirty (30) days from the most economical method applicable delay event) pay to Imperva the following percentage of the price charged to Imperva for the proper affected Integrated products as delay compensation charges (“Delay Compensation Charges”) provided that, for each delay event, the Delayed Compensation Charges shall not exceed [***] percent [***] of the price charged by Seller to Imperva for the affected Integrated Products. Delay Compensation Charges shall not apply on late delivery of the product unless special instructions are stated third party add-on the order cards, provided that such add-on cards were ordered on time by Seller and were not delivered on time by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing third party vendor to the additional chargeFulfillment Center. Shipping costs must be prepaid by Delay Type Day 1-7 Day 8-14 Day 15-21 Day 22-28 Later A (arrival at the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(sFulfillment Center) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within [***] [***] [***] [***] [***] B (3) Business Days shipping from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(sFulfillment Center) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge[***] [***] [***] [***] [***]
Appears in 1 contract
Samples: Oem Agreement (Imperva Inc)
Delivery. Delivery (A) Unless otherwise agreed to in writing, EZF shall deliver the Product FOB destination; freight prepaid by EZF and added to invoice, the place of all Contract items shipment named herein within a reasonable time after receipt by EZF of Customer’s written acceptance. Typically transit time will be 7‐10 business days from date of pickup from the EZF warehouse. Deliveries shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery during normal business hours Monday through Friday. One attempt to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench deliver will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc.Should delivery need to be rescheduled, when inside delivery is required.) Delivery any additional costs incurred for items requiring special handling may redelivery and/or storage fees will be charged to Authorized Usersthe Customer. Orders EZF shall use reasonable efforts to make timely delivery but shall be received in accordance with § 2.15excused from any delays arising out of causes beyond its reasonable control. Any specific delivery dates that may be stated are approximate. EZF shall, Orderingunder no circumstances, be liable for damages, incidental or consequential (hereinafter contemplated as including, but not limited to, damages for lost profits, lost sales and injury to person or property), for delays, or failure to give notice of delay, whether or not caused by or resulting from XXXx’ negligence. Special Delivery Customer agrees not to make such claim on EZF.
(B) If proper tender of the Product is made and completion of delivery is prevented through no fault of EZF, EZF may specify a reasonable alternative place of delivery. Customer agrees that all costs of storage and transport incurred following an initial attempt at delivery are hereby allocated to and imposed upon Customer, and shall be expressed in number of calendar days required added by EZF to make delivery after receipt of a purchase orderthe sale price. Delivery shall may at any time be withheld by EZF pending payment of any sum due from the most economical Customer to EZF under this Order or any other agreement. EZF will return Product via the incoming method for the proper delivery of the product unless special instructions are stated an alternative method has been indicated on the purchase order or a change authorized by the Authorized UserCustomer representative. Authorized User must be informed of Please note that the additional cost prior to above delivery statement does not apply for deliveries made outside the 48 contiguous States. See quotation for delivery terms and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeconditions.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Delivery. Delivery of all Contract items (a) The Goods and/or Services shall be made delivered to the specified premises of the Purchaser on the date specified in a Purchaser's written Purchase Order ("the Delivery Date") or call-off schedule.
(b) The Supplier shall notify the Purchaser immediately of any matters which have or could delay any scheduled deliveries.
(c) Unless otherwise specified in these Conditions or agreed in writing by the Purchaser, the Goods and/or Services may not be delivered by installments after a delivery date and if the delay materially affects the use of the Goods and/or Services by the Purchaser, the Supplier may not be entitled to progress payments in respect or on account of the supply of the Goods and/or Services.
(d) The Supplier shall ensure that all invoices, packing slips, delivery dockets and correspondence show the Purchaser's Purchase Order number, Purchaser's Goods and/or Services part number and description shown on the front of the Purchaser's Purchase Order. Failure to do so may result in delays in processing such documents, in inspection and acceptance of Goods and/or Services and payment and shall entitle the Purchaser in such circumstances to claim an extension of time for attending to the same.
(e) The Goods and/or Services, shall be addressed for delivery to the Purchaser's site at 00-000 Xxxxxxx Xxxxxx, Rosebery, 2018, New South Wales, Australia, unless otherwise specified in the purchase order.
(f) The Purchaser reserves the right to refuse to accept liability for any Goods and/or Services delivered in excess of the quantity ordered or not in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor the Purchaser's Purchase Order.
(g) All deliveries from the Supplier or its authorized Representative will be accompanied by a delivery docket. An authorized representative of the Purchaser must offer (a) dock delivery, (b) inside deliveryacknowledge delivery of Goods and/or Services in writing. Such acknowledgment shall not mean that the Purchaser accepts the quality or merchantability of the Goods and/or Services, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There Goods and/or Services shall be no charges for delivery except in the instance subject of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required inspection pursuant to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etcClause 8., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge
Appears in 1 contract
Delivery. Delivery 3.1 All deliveries of all Contract items shall the Products purchased pursuant to this Agreement will be made FOB Sycamore's facility. All Products will be packaged for shipment in accordance with Appendix Bstandard industry practices. All transportation, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside deliveryshipping, and insurance costs shall be shipped in accordance with Xxxxxxxx' instructions and shall be charged to Xxxxxxxx' account. If Xxxxxxxx does not notify Sycamore of a preferred freight forwarder, Sycamore shall select a freight forwarder to be used for shipment of the Products to Xxxxxxxx. Risk of loss shall pass to Xxxxxxxx at the point of delivery. However in the event of any shipping damage, Sycamore shall be responsible for placing and administering any claims with the freight forwarder or carrier regarding any damages incurred during shipping. In addition, replacement product for Product damaged in transit shall be provided by Sycamore on a non-discriminatory first priority basis.
3.2 Title (cexcluding title to software Products ) inside shall pass to Xxxxxxxx at the point of delivery to desk/bench top the common carrier at no additional chargeSycamore's facility.
3.3 Sycamore shall use reasonable efforts to ship the Products on the shipment date requested in Xxxxxxxx purchase order. Inside Sycamore shall not be liable for any loss, expense or damage incurred by Xxxxxxxx if Sycamore fails to meet the specified delivery date. Sycamore reserves the right to allocate shipment of Products among its purchasers and inside delivery to desk/bench will make partial shipments. Notwithstanding the foregoing, partial shipments shall only be made only when with previous written Confidential Material omitted and filed separately with the delivery Securities and Exchange Commission . Asterisks denote omissions. approval by Xxxxxxxx. If shipment is a) feasible, b) delayed more than [**] days from the delivery location is mutually agreed upon by shipment date due to Sycamore's delay only, Xxxxxxxx may cancel an order upon prior written notice to Sycamore. For the Authorized User’s Agency and Contractor and c) inside delivery can be prepurposes of computing Xxxxxxxx discount level only, shipments cancelled pursuant to the previous sentence of this sub-arranged. There paragraph 3.3, shall be no charges for delivery except deemed to have shipped.
3.4 All shipments with destinations outside of the US shall be subject to Sycamore's determination that such shipments are in compliance with all applicable export and import regulations. For shipment other than in the instance of special handling as noted in the paragraph below. Delivery shall US, Xxxxxxxx will be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall solely responsible for (i) obtaining any license that may be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be madeimport the Products into its country (ii) clearing the Products through local customs upon their arrival to Xxxxxxxx country and (iii) paying all customs duties, taxes and other charges assessed on such importation's in such country. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders In no event shall be received Sycamore delay in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need shipping or refusal to ship on ice for quality control. Hazardous materials fees will only due to export or import issues be allowable and charged to the Authorized Users when the shipper assesses deemed a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargedefault hereunder.
Appears in 1 contract
Samples: Purchase and License Agreement (Sycamore Networks Inc)
Delivery. Delivery of all Contract items periods are only binding if the Supplier expressly acknowledges them as such in writing. The delivery period shall begin on the day on which the order was clarified and an order confirmation is present. The delivery period shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery adhered to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the goods leave the factory or the warehouse within the period. If the shipment or collection is delayed for reasons which are not the fault of the Supplier, the period shall be considered as adhered when the readiness for dispatch notice is given within the agreed period. If the non-adherence to the period is due to force majeure, e.g. bad weather, mobilisation, war, riot or strike, lock-out, incorrect or delayed deliveries from suppliers or the occurrence of unforeseeable obstacles which are beyond the control of the Supplier or his suppliers, the period shall be extended appropriately. If the Supplier falls behind schedule, the Purchaser can request delay compensation for each week of the delay which has been completed in the amount of 0.5% up to a maximum of 5% of the value of the goods which were delivered late if he credibly establishes that he has incurred damages as a result of the delay. Other compensation claims from the Purchaser due to delivery delays and in lieu of performance shall be excluded in all cases of delivery delays, even if a grace period set for the Supplier expires. This shall not apply in cases of intent, gross negligence or due to injury to life, limb or health. Any change to the burden of proof to the detriment of the Purchaser shall not be linked to this. Otherwise the right of the Purchaser to withdraw after an unsuccessful expiration of a grace period set for the Supplier shall remain unaffected. The Purchaser is a) feasible, b) obliged to state whether or not he wishes a withdrawal from the contract and/or compensation in place of performance due to a delay in delivery location is mutually agreed upon within an appropriate period when requested by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arrangedSupplier. There shall be no charges for delivery except If the Purchaser causes a delay in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom shipment or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on delivery objects, the order by Supplier shall be entitled to charge the Authorized User. Authorized User must be informed of the resulting additional cost prior to delivery and agree in writing costs to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargePurchaser.
Appears in 1 contract
Samples: General Terms and Conditions
Delivery. Delivery 4.1. Kincrome shall arrange delivery of all Contract items shall the Goods to the location agreed by Xxxxxxxx and the Purchaser at the Purchaser’s cost unless the Purchaser has arranged to collect Goods from Kincrome or delivery is included in the price of the Goods.
4.2. Kincrome will not be made liable for any loss or damage which may be suffered by the Purchaser (including consequential loss or damage) arising out of a delay in the delivery of Goods, a failure to deliver Goods or from delivery of defective Goods.
4.3. Without limiting the operation of the previous clause, the Purchaser must accept and pay for Ordered Goods notwithstanding a delay in the delivery of Goods, a failure to deliver Goods or delivery of defective Goods.
4.4. Kincrome reserves the right to deliver any one or more consignments as part delivery with each consignment to be paid for in accordance with Appendix Bthese Terms of Trade.
4.5. The Purchaser must notify Kincrome of any damage to the Goods, § 45defective Goods or short Delivery by phone or in writing within 14 business day after the Delivery, Product failing which the Purchaser will cease to have a claim for the damage, defects or short Delivery.
4.6. If Kincrome determines (at its absolute and unfettered discretion) that the Delivery contained a shortfall or damaged or defective Goods, then Kincrome will arrange for any missing or damaged or defective items to be dispatched to the Purchaser.
4.7. Risk for any Loss to the Goods from whatever cause shall be borne by the Purchaser from the time the Goods are delivered to the location agreed to by Kincrome and § 47the Purchaser or, Contractor must offer (a) dock deliveryif collected from Kincrome’s premises by the purchaser or its agent, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional chargewhen the Purchaser or its agent signs a pick up book confirming receipt of the Goods.
4.8. Inside delivery and inside delivery to desk/bench The Purchaser will be made only when responsible for and indemnifies Kincrome for Loss to the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days Goods from the time of receipt the Delivery.
4.9. The Delivery will be carried out by a contractor engaged for that purpose by Xxxxxxxx. The Purchaser will be required to sign an acknowledgement that the Delivery contains the type and quantity of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate Goods described on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etcdocuments., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge
Appears in 1 contract
Samples: Terms of Trade
Delivery. Delivery of all Contract items shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, The Lessee shall accept delivery from the Supplier of all Relevant Vehicles purchased under this Master Agreement on behalf of the Relevant Lessor. Such delivery shall be deemed to constitute delivery of each such Relevant Vehicle by the Relevant Lessor to the Lessee for the purposes of the relevant Lease Contract.
(b) inside delivery, The Lessee shall be deemed to have accepted the Relevant Vehicles as being in good condition and satisfactory for all purposes unless it shall notify the Relevant Lessor to the contrary within 7 days of delivery and in any event prior to signing and dating a Lease Contract in respect of the relevant Relevant Vehicle.
(c) inside If the Lessee does not accept delivery of a Relevant Vehicle or if any Relevant Vehicle is not satisfactory for the Lessee’s purpose:
(i) the Lessee shall not be bound to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is enter into a Lease Contract in respect of such Relevant Vehicle as required by paragraph (a) feasible, bof clause 2.6;
(ii) the delivery location is mutually agreed upon Lessee shall be deemed, as between the Lessee and the Relevant Lessor, to have purchased such Relevant Vehicle as principal;
(iii) the Relevant Lessor shall be released from any obligation to reimburse to the Lessee the Price, and if the Relevant Lessor has already paid to a Supplier or to the Lessee the Price, the Lessee shall forthwith repay such amount to the Relevant Lessor together with interest at the Interest Rate from the date of payment of such amount by the Authorized UserRelevant Lessor to the date on which it is repaid to the Relevant Lessor;
(iv) the Relevant Lessor shall assign to the Lessee, at the Lessee’s Agency cost, all the Relevant Lessor’s rights, title and Contractor interest in and cto such Relevant Vehicle (if any) inside delivery can be pre-arranged. There and its rights against the Supplier free from any Security Interest created by the Relevant Lessor;
(v) the Lessee shall be no charges for delivery except indemnify the Relevant Lessor and keep the Relevant Lessor indemnified against all and any Loss suffered, incurred or paid by the Relevant Lessor by reason of the Lessee having acquired such Relevant Vehicle as agent of the Relevant Lessor save and to the extent that, in either case, any such Loss (or part thereof) is caused or contributed to by the instance Relevant Lessor’s own negligence or wilful default; and
(vi) the Relevant Lessor shall repay to the Lessee any Rental actually paid by the Lessee to the Relevant Lessor in respect of special handling as noted in any such Relevant Vehicle together with interest at the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days Interest Rate from the time date of receipt of ordersuch Rental by the Relevant Lessor to the date on which it is repaid to the Lessee.
(d) The Lessee shall, except in whether or not it accepts any Relevant Vehicle as satisfactory, pay all the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk)costs of preparation, it must clearly indicate on the Purchase Order what inside delivery is required signage, livery and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of such Relevant Vehicle and shall indemnify the product unless special instructions are stated on Relevant Lessor and keep the order Relevant Lessor indemnified against any Loss suffered, incurred or paid by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree Relevant Lessor in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice connection with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargecosts.
Appears in 1 contract
Samples: Master Lease Agreement (Vanguard Car Rental Group Inc.)
Delivery. Delivery of all Contract items Supplier shall be made deliver the goods in accordance with Appendix Bthe terms of the purchase order and/or the agreed delivery xxxxxxxx.Xxxxxxxx time is from PO receipt date to committed delivery date (ETA customer site) or (ETD supplier site).In the event Supplier for any reason anticipates difficulty in complying with the agreed delivery date, § 45Supplier shall notify Customer the status of the current supply situation in a timely manner, Product Delivery especially of risks of on-time delivery. Supplier shall use its best efforts to accommodate any reasonable request by Customer to reschedule confirmed delivery dates, or to change other parts of any Agreement. Upon Customer’s request, Supplier shall without delay provide information in writing concerning the status of any order, shipments due, payments, and § 47such other items relating to the business flow between Supplier and Customer as Customer may request. Supplier undertakes to inform Customer immediately when it anticipates constraints on its capacity to supply goods as ordered by Customer, Contractor must offer in which case Supplier will exert commercially reasonable efforts to ensure that Customer’s requirements will be adequately serviced. Supplier ensures on-time delivery of goods to Customer. In cases of emergencies, such as flood, fire and explosions beyond the control of the Supplier or other cases of force majeure, Supplier shall manage, on best effort basis and by appropriate measures, on-time delivery of parts to Customer, but shall not be liable for delay brought by force majeure. Supplier’s sole failure to comply with the on-time delivery may cause Customer to be assessed a late fee by its own customers, as such, Customer shall be entitled to recover from Supplier damages incurred as specified below, provided the actual charges are reasonable and agreed by supplier and customer
(ai) dock Late delivery, including but not limited to, any additional costs to Customer for expediting shipment of the goods, and
(bii) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized UserSupplier’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt cancellation of a confirmed purchase orderorder for goods that customer has already committed to its customer, including but not limited to, any additional costs to Customer on account of higher prices of goods sourced from other suppliers at shorter lead times. On the other hand, Customer shall not accept any advance delivery without prior notice and agreed by Customer. Customer may either return Product delivered more than five (5) business days before the Delivery shall be Date to Supplier freight collect or accept the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery Product and agree in writing make payment according to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of purchase order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeDelivery Date.
Appears in 1 contract
Samples: Purchase Agreement
Delivery. 11.1 The Purchaser shall collect each Order from the Supplier’s premises or such other premises notified in writing by the Supplier in the UK (“Delivery Location”) within 14 Business Days of the Supplier notifying the Purchaser in writing that the Order is ready for collection. However, subject to prior approval of the Supplier, the Supplier will arrange external storage for up to 21 Business days from the above notification.
11.2 Delivery of all Contract items an Order shall be made completed when the Supplier places the Order at the Purchaser’s disposal at the Delivery Location.
11.3 The sole and exclusive remedy for delay shall be Liquidated Damages calculated in accordance with Appendix B, § 45, Product Delivery Clause 14 and § 47, Contractor must offer Schedule 4. Delays in the delivery of an Order shall not entitle the Purchaser to:
(a) dock delivery, refuse to take delivery of the Order; or
(b) inside delivery, and claim damages other than Liquidated Damages; or
(c) inside terminate this Agreement. The Supplier shall have no liability for any failure or delay in delivering an Order to the extent that such failure or delay is caused by the Purchaser’s failure to comply with its obligations under this Agreement. Further the Supplier’s liability for Liquidated Damages shall cease in the event that and as from the time that the Purchaser elects to exercise any entitlement to have Equipment provided by others pursuant to Clause 7.5.
11.4 If the Purchaser fails to take delivery of an Order on the Delivery Date then, except where such failure or delay is caused by the Supplier’s failure to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is comply with its obligations under this Agreement:
(a) feasible, delivery of the Order shall be deemed to have been completed at 9.00am on the fourteenth Business Day following the day on which the Supplier notified the Purchaser that the Order was ready for collection; and
(b) the Supplier shall store the Order until delivery location is mutually agreed upon by takes place, and charge the Authorized User’s Agency Purchaser for all related costs and Contractor and c) inside delivery can be pre-arranged. There expenses (including insurance).
11.5 Each Order shall be no charges for accompanied by a delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days note from the time of receipt of order, except in Supplier showing the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required Number and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery date of the product unless special instructions are stated on Order.
11.6 If the order by Parties agree and subject to acceptable payment to the Authorized User. Authorized User must be informed Supplier, the Supplier may agree to an alternative Delivery Location which may include the premises of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargePurchaser.
Appears in 1 contract
Samples: Master Supply Agreement (Waste2Energy Holdings, Inc.)
Delivery. Delivery 10.1 Any delivery date indicated by Gammatec shall merely be regarded as the estimated date of all Contract items delivery and shall not bind Gammatec to effect delivery on such date.
10.2 The customer shall accept delivery whenever it is tendered and shall not be entitled to resile from the agreement nor to withhold or defer any payment nor to a reduction in price nor to any other right or remedy against Gammatec, its servant, agents or any other persons for whom it is liable in law (in whose favour this constitutes a stipulatio alter) whether for losses, costs, damages, expenses, interest or otherwise on account of delays in effecting delivery, partial delivery or non-delivery, whether occasioned by any negligent act or omission on the part of Gammatec, its servants, agents or any other persons for whom it is liable in law, or not.
10.3 If delivery of any particular order is to be effected in consignments, Gammatec shall not be obliged to deliver any part of the order until the purchase price, which is due in respect of the part of the order that has already been delivered has been paid.
10.4 The customer shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery obliged to desk/bench top at no additional charge. Inside inspect all goods upon delivery and inside delivery to desk/bench will be made only when shall endorse the delivery is a) feasible, b) note as to any missing or damages goods. No claims for missing or damaged goods shall be valid unless the delivery location is mutually agreed upon by note has been endorsed as aforesaid and unless, in addition, the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except customer notifies Gammatec in writing within 7 days of the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions goods of the claim in question and the goods relating to such claim, furnishing full details in regard thereto. The customer shall bear the onus of proving that upon delivery, any goods are stated missing or damaged or that the customers order was in any way not complied with.
10.5 If Gammatec is unable to deliver the goods to the customer due to any act or omission on the order by the Authorized User. Authorized User must be informed part of the additional cost prior customer, it shall be entitled to charge the customer for the storage of the goods. The customer shall be obliged to furnish information necessary to enable delivery of the relevant goods to be effected and agree in writing if the customer fails or refuses to do so, or if it fails or refuses to take delivery, the goods shall without prejudice to the additional charge. Shipping costs must provisions of clause 7, be prepaid by the vendor and may be added deemed to have been delivered to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged customer upon notification by Gammatec to the Authorized Users when customer to that effect.
10.6 If the shipper assesses customer agrees to engage a hazardous materials charge based third party to transport the goods, Gammatec is hereby authorized to engage a third party on the itemcustomer’s composition. Overnight service charges will only be allowable behalf and charged to on the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested terms deemed fit by the Authorized UserGammatec. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargecustomer hereby indemnifies Gammatec against any claims that may arise from such agreement against Gammatec.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Delivery. Delivery of all Contract items CAPTISOL shall be made shipped by HOVIONE DDP (INCOTERMS 2000) by air to any destination (or multiple destinations) designated by CYDEX, provided said duties on CAPTISOL for said destination have been suspended. If duties cease to be suspended or if any other impositions, import duty or otherwise, cause additional delivery costs to HOVIONE beyond CIF costs, then HOVIONE shall be free to add such extra costs to the sales price of *** 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. CAPTISOL. All deliveries of confirmed CYDEX orders shall be available for shipment to CYDEX on or before the date specified in the relevant purchase order. CYDEX may also direct HOVIONE to deliver CAPTISOL into CYDEX’s inventory, stored at HOVIONE’s site. HOVIONE warrants that such CAPTISOL shall be stored and preserved in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside deliverymutually agreed conditions, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges labeled as inventory owned by CYDEX. HOVIONE shall maintain insurance for delivery except in the instance such CYDEX inventory with CYDEX named as an insured, and shall provide a certificate of special handling as noted in the paragraph belowsuch insurance to CYDEX upon its request from time to time. Delivery Such storage and insurance shall be made in accordance with instructions on the Purchase Order provided without charge to CYDEX for a period of not more than [***] days counted as from each Authorized User. Orders DATE OF MANUFACTURE, and shall be delivered within three (3) Business Days provided to CYDEX by HOVIONE at HOVIONE’s monthly storage rate thereafter, for the relevant quantity of CAPTISOL. At such times as CYDEX may direct to HOVIONE in writing, quantities of CAPTISOL from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders inventory shall be received further shipped by HOVIONE at its cost DDP (INCOTERMS 2000) by air to any destination (or multiple destinations) designated by CYDEX in accordance with § 2.15, Orderingquantities of no less than one batch. Special Delivery For smaller batches additional packing and freight charges shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeapply.
Appears in 1 contract
Samples: Captisol Supply Agreement (Ligand Pharmaceuticals Inc)
Delivery. Delivery 3.1 Seller shall deliver Concentrates to Buyer, and Buyer shall take delivery of Concentrates from Seller by Book Transfer at the Converter.
(a) The delivery shall be deemed to have been made when Concentrates containing a specified quantity of U3O8 are transferred to Buyer’s account or Buyer’s designated by Book Transfer.
(b) Seller shall notify Buyer thereof immediately upon transfer of Concentrates.
(c) Seller is responsible for all Contract items charges imposed by Converter for the Book Transfer to Buyer.
3.2 Title to, and all risks of loss in, and liability for, any personal loss or injury or any property damage caused by Concentrates delivered to Buyer shall pass to Buyer when the Concentrates are transferred to Buyer’s account by Book Transfer.
3.3 Subject to this Contract, Seller shall indemnify and hold harmless Buyer from and against all costs, expenses, claims, damages and injuries incurred or arising in respect of the ownership, storage, transportations, possession or use of Concentrates prior to Book transfer to Buyer by Seller pursuant to this Contract. Buyer shall indemnify and hold harmless Seller from and against all costs, expenses, claims, damages and injuries incurred or arising in respect of the ownership, storage, transportations, possession or use of Concentrates subsequent to Book transfer to Buyer by Seller pursuant to this Contract.
3.4 At its discretion, Buyer has the right to terminate a particular delivery or deliveries, or any and all deliveries yet to be made in accordance with Appendix Bherewith, § 45unconditionally and without liability to Seller or Buyer for damages or losses, Product by providing an advance written notice not less than 180-days prior to the delivery or deliveries to be terminated. Upon receipt of such notice, Seller shall be free to sell such quantities to third parties.
3.5 If Seller fails to timely deliver any portion of conforming Concentrates to Buyer pursuant to the Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside deliveryNotice, and such failure is not excused pursuant to Article X, Buyer shall have the right, but not the obligation, in its sole discretion but acting in good faith and in a commercially reasonable manner, to purchase an equivalent quantity of Concentrates from another supplier and recover from Seller the excess, if any, of (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, bi) the delivery location is mutually agreed upon price paid by Buyer for such substitute Concentrates, plus all actual and reasonable direct costs incurred by Buyer in arranging such transaction; over (ii) the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method price that would have been payable hereunder for the proper Concentrates Seller failed to deliver.
3.6 If Buyer fails to timely accept delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing conforming Concentrates from Seller pursuant to the additional charge. Shipping Delivery Notice, and such failure is not excused pursuant to Article X, Seller shall have the right, but not the obligation, in its sole discretion but acting in good faith and in a commercially reasonable manner, to sell the equivalent quantity of Concentrates to another customer and recover from Buyer the difference, if any, of (i) the price that would have been payable hereunder for the Concentrates Buyer failed to accept; over (ii) the price received by Seller for such Concentrates from such other customer, minus all actual and reasonable direct costs must be prepaid incurred by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree Seller in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when arranging such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargetransaction.
Appears in 1 contract
Samples: Uranium Supply Contract (Uranium Resources Inc /De/)
Delivery. 6.1 Delivery of all Contract items the Goods shall be made by the Buyer collecting the Goods at Condale’s premises at any time after Condale has notified the Buyer that the Goods are ready for collection or, if some other place for delivery is agreed by Condale, by Condale delivering the Goods to that place.
6.2 Any dates quoted for delivery of the Goods are approximate only and Condale shall not be liable for any delay in delivery of the Goods however caused. Time for delivery shall not be of the essence of the Contract unless previously agreed by Condale in writing. The Goods may be delivered by Condale in advance of the quoted delivery date on giving reasonable notice to the Buyer.
6.3 If the Buyer fails to take delivery of the Goods or fails to give Condale adequate delivery instructions at the time stated for delivery (otherwise than by reason of any cause beyond the Buyer’s reasonable control or by reason of Condale’s fault) then, without limiting any other right or remedy available to Condale, Condale may: store the Goods until actual delivery and charge the Buyer for the reasonable costs (including insurance) of storage; or sell the Goods at the best price readily obtainable and (after deducting all reasonable storage and selling expenses) account to the Buyer for the excess over the price under the Contract or charge the Buyer for any shortfall below the price under the Contract.
6.4 Where the Goods are to be delivered in instalments, each delivery shall constitute a separate contract and failure by Condale to deliver any one or more of the instalments in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon these Terms or any claim by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There Buyer in respect of any one or more instalments shall be no charges for delivery except in not entitle the instance of special handling Buyer to treat the Contract as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such a whole as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etcrepudiated., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge
Appears in 1 contract
Samples: Sales Contracts
Delivery. Delivery of all Contract items 9.1 Shipping and delivery arrangements shall be made as de-fined by INCOTERMS, latest version, in accordance with Appendix Bthe Purchase Orders. Unless otherwise stipulated in the Purchase Orders, § 45deliveries shall only be accepted by the Purchaser in normal business hours. Unloa- ding shall only take place under the direction and in the presence of the Purchaser.
9.2 The Seller shall ensure that each delivery is accompanied by a delivery note which shows, Product Delivery inter alia, the order number, date of order, number of packages and § 47contents and, Contractor must offer in the case of part delivery, the outstanding balance remaining to be delivered.
9.3 Time for delivery shall be of the essence. Without prejudice to any remedy listed in clause 6, if the Goods are not delivered on the due date then, without prejudice to any other rights which it may have, the Purchaser reserves the right to:
(a) dock delivery, cancel the Contract in whole or in part;
(b) inside deliveryrefuse to accept and to pay for the Goods, and as well as any sub- sequent delivery of the Goods;
(c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when recover from the delivery is a) feasible, b) the delivery location is mutually agreed upon Seller any expenditure reasonably incurred by the Authorized UserPurchaser in obtaining the Goods in substitution from another supplier; and
(d) claim damages for any additional costs, loss or expenses in- curred by the Purchaser which are attributable to the Seller’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in fai- lure to deliver the instance Goods on the due date, with a minimum of special handling as noted in 3% of the paragraph below. Delivery shall be made in accordance with instructions on value of the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from per week of delay.
9.4 Where the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree Purchaser agrees in writing to accept delivery by instalments the additional chargeContract shall be construed as a single contract in respect of each instalment. Shipping costs must be prepaid Nevertheless, failure by the vendor and may be added Seller to deliver any one instalment shall entitle the Purchaser at its option to treat the whole Contract as repudiated.
9.5 If the Goods are delivered to the invoice with a copy Purchaser in excess of the freight xxxx. Dry ice charges will only quantities ordered, the Purchaser shall not be allowable bound to pay for the excess and charged any excess shall be and shall remain at the Seller’s risk and shall be returnable at the Seller’s expense.
9.6 The Purchaser shall not be deemed to Authorized Users have accepted the manufacturer determines the item(s) need Go- ods until it has had 7 days following delivery to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of orderinspect them. In addition to any eventother remedy available, delivery the Purchaser shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargehave
Appears in 1 contract
Delivery. Delivery A. Unless time of delivery is extended as hereinafter provided, the Vessel shall be delivered for inspection and acceptance by the Owner, free and clear of all Contract items liens, claims and encumbrances, on or before April 30, 1998.
B. After required river trials, the Vessel shall be made delivered by BUILDER, in accordance with Appendix B, § 45, Product Delivery the Specifications and § 47, Contractor must offer (a) dock delivery, (b) inside deliveryContract Drawings, and accepted by OWNER safely afloat at BUILDER'S shipyard. BUILDER shall execute a "Certificate of Completion and Delivery" in a form reasonably acceptable to OWNER at the time of delivery.
C. In the event the contract work is not completed at the time BUILDER tenders the "Certificate of Completion and Delivery", OWNER, shall have the option, if it, in its sole discretion, deems the Vessel fit for service, to take Delivery of the Vessel and treat all "unfinished work" as a Guarantee Defect as set forth in Article VIII. The parties shall agree as to the amount to be withheld from the Delivery Payment (c) inside delivery to desk/bench top at no additional charge. Inside delivery as set forth in Article III), and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders Vessel shall be delivered to OWNER upon OWNER paying the undisputed amount to BUILDER and by withholding the amount for "unfinished work" until such time that BUILDER completes the "unfinished work" and OWNER accepts the "unfinished work" as complete. BUILDER shall invoice OWNER for completion of "unfinished work" and OWNER shall, within three ten (310) Business Days from the time days of receipt of orderinvoice, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate pay BUILDER.
D. BUILDER shall furnish OWNER on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on Vessel a Bill xx Sale, a Master Builder's Certificate conveying title to the order Vessel, a "Certificate of Delivery and Acceptance" (as set forth in Article III-F) and any other documents required by the Authorized User. Authorized User must be informed regulatory agencies of the additional cost prior United States for the OWNER to delivery and agree document the Vessel. BUILDER shall assist OWNER, in writing obtaining all documentation necessary to operate the additional charge. Shipping costs must be prepaid by Vessel, however, the vendor and may be added to required U.S.C.G. or ABS approved drawings are the invoice with a copy responsibility of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeOWNER.
Appears in 1 contract
Samples: Vessel Construction Agreement (Concorde Gaming Corp)
Delivery. 8.1. All invoices shall be paid in full before Delivery of the Order takes place.
8.2. A Delivery Note (copy or original) signed by any employee of the Reseller shall be prima facie proof that Delivery was made to the Reseller of any of the Goods.
8.3. MOTHERKIND shall be entitled to deliver the Order in instalments, in the quantities as determined by MOTHERKIND and in the event that MOTHERKIND makes Delivery to the Reseller in instalments, each instalment shall be deemed to be the subject of a separate contract and non-delivery or delay in Delivery of any instalment shall not affect the balance of the contract or entitle the Reseller to cancel the contract or this Agreement. When Goods are delivered in instalments, statements and invoices relating to separate deliveries shall be payable prior to Delivery of each separate instalment and no payment shall be postponed until such time as all Contract items the Goods in the Order have been Delivered.
8.4. Delivery of the Goods to the Reseller should take place within 5 (five) Business Days after payment is received by MOTHERKIND or as soon as possible after any delivery dates which may be agreed between the Parties in writing.
8.5. Any delivery dates given are estimates only quoted in good faith and if no dates are specified, delivery shall be within a reasonable time. Whilst every effort will be made to dispatch Orders within the given time frame, MOTHERKIND does not guarantee dispatch on any specific date and shall not be liable for any loss and/or damage for failure to effect delivery/ dispatch timeously for any reason beyond MOTHERKIND’s reasonable control.
8.6. MOTHERKIND is entitled to engage the services of a third party to deliver the Order to the Reseller’s stipulated address. Should the Reseller wish to engage the services of its own third party to deliver the Order, the request shall be made in accordance writing to MOTHERKIND and all costs shall be for the Reseller’s account. The Reseller hereby indemnifies MOTHERKIND against any loss or damage whatsoever arising from or in connection with Appendix Bthis delivery.
8.7. In the event that MOTHERKIND transports the Goods to the Reseller, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery of the Goods shall be deemed to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only have taken place when the delivery is a) feasibleGoods are off-loaded at the Delivery Place, b) or on-loaded to the delivery location is mutually agreed upon Reseller or its agent’s vehicle, where the Goods are collected by the Authorized UserReseller or its agent from MOTHERKIND’s Agency and Contractor and c) inside delivery can be pre-arrangedPremises. There The signature of any employee of the Reseller on a Company Delivery Note or Statement shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized Userface of it be proof of the proper Delivery of the Goods.
8.8. Orders shall be delivered within three (3) Business Days from In all cases where Delivery to the time of receipt of orderReseller occurs by carrier, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery carrier shall be the most economical method for Reseller’s agent, and Delivery to such carrier by MOTHERKIND shall be deemed to be Delivery to the proper delivery Reseller. The signature of any employee of the product unless special instructions are stated carrier shall on the order by the Authorized User. Authorized User must face of it be informed proof of the additional cost prior to delivery and agree in writing proper Delivery to the additional chargeReseller. Shipping costs must be prepaid by Should MOTHERKIND, at the vendor and may be added Reseller’s request, agree to engage a carrier to transport Goods to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any eventReseller, delivery such carrier shall be the most economical method Reseller’s agent and MOTHERKIND shall engage the carrier on such terms and conditions as it deems fit and the Authorized User must Reseller indemnifies MOTHERKIND against all demands and claims which may be informed made against it by the carrier so engaged and all liability which MOTHERKIND may incur to the carrier arising out of the additional cost prior to delivery and agree in writing transportation of the Goods. The Reseller will be liable for payment of all costs due to the additional chargesaid carrier in respect of the transport of the Goods to the Reseller.
8.9. ExpeditedDelivery of Goods to the Delivery Place by MOTHERKIND shall constitute proper Delivery of the Goods, overnight despite the fact that such address may not have been the address or premises of the Reseller.
8.10. MOTHERKIND shall not be liable for any non-delivery air service when standard of Goods or incorrect or damaged Goods unless the Reseller has reported the non-delivery service is available or damage within a period of 7 (seven) days of Delivery of the Goods.
8.11. If the Reseller fails to take Delivery of the Goods ordered, or in any way delays the Delivery of Goods ordered, then the risk in the Goods shall immediately pass to the Reseller and the item(s) could Reseller shall be delivered within (3) Business Days from liable to pay MOTHERKIND the time reasonable costs of receipt of order will only be allowable storing, insuring, and charged to handling the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeGoods, until Delivery takes place.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Delivery. Delivery The delivery of all Contract items the Assets shall be made in accordance with Appendix Bdeemed complete once the Assets have been loaded for transport on transportation trucks, § 45vessels, Product and/or shipping containers and the Parties have exchanged an executed Xxxx of Sale and Protocol of Delivery and § 47Acceptance in forms substantially similar to those set out in Exhibits B and C, Contractor must offer which shall occur no later than fifteen (a15) dock deliverybusiness days after the execution of this Agreement. The representations, (b) inside deliverywarranties, covenants, and (c) inside agreements set forth in this Agreement shall survive delivery to desk/bench top at no additional chargeof the Xxxx of Sale and the Protocol of Delivery and Acceptance. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There Seller shall be no charges responsible for delivery except in all cost, expense, and risk arising out of or related to the instance loading of special handling as noted in the paragraph belowAssets. Delivery Buyer shall be made responsible for all cost, expense, and risk arising out of or related to the transport on Buyer-supplied transportation trucks, vessels, and/or shipping containers and unloading of the Assets following delivery. The Buyer shall, no later than twenty (20) business days after the date of this Agreement and at its sole cost and expense remove the Assets from its respective current locations. If the Buyer has not removed the Assets after the said period of twenty (20) business days, the Buyer acknowledges and agrees that the Seller has the right to dispose of the Assets in accordance with instructions on the Purchase Order from each Authorized Userany manner it sees fit. Orders The Assets shall be delivered within three “AS IS, WHERE IS” in their present condition, including any environmentally sensitive materials, equipment, liquids or product which require special handling or disposal (3including, but not limited to, those with asbestos, those with NORM levels greater than zero, etc.) Business Days comprising any part (or the entirety) of the Assets, with all faults accepted by Buyer. Seller has no knowledge of any health hazard or environmental risk associated with the Assets and Buyer acknowledges that regardless of the Seller’s lack of knowledge, it has had its own opportunity to verify and inspect the Assets to determine any such hazards and that it has its own independent obligation to determine the condition of the Assets prior to sale. Buyer acknowledges that such hazards could include naturally occurring radioactive material ("NORM") because of the Assets’ use in oil field related activities. Buyer agrees to take all responsibility for testing for the presence of NORM and Buyer expressly waives any claim whatsoever it may have against Seller arising out of or related to the existence of NORM or other such hazards in the Assets. Buyer understands that, inasmuch as the presence of NORM may constitute a health hazard, special safety and handling procedures may be required for the removal and disposal of NORM from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom Assets if such may be found and Buyer acknowledges and agrees to take all such action as may be necessary or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology remove and dispose of such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etcNORM., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge
Appears in 1 contract
Samples: Sale and Purchase Agreement
Delivery. Delivery of all Contract items All Finished Products and/or Samples to be delivered pursuant to this Agreement shall be made delivered in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside deliverythis Section 14.7, and the Specifications and suitably packed for shipment, and marked for shipment to the final destination point indicated in Esprit’s Purchase Order. Delivery will not be complete unless each shipment is accompanied by a Certificate of Analysis and Compliance (cas defined in this Section 14.7) inside and any required export documentation. All Finished Product and Samples supplied to Esprit hereunder (other than * manufactured under *) shall have the longest remaining shelf life reasonably possible, but in any event not less than * based on * dating, after delivery to desk/bench top at no additional chargeEsprit. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There The shipping packaging used in connection with deliveries of Finished Products and/or Samples shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on cGMP with respect to protection of the Purchase Order from Finished Products and/or Samples during transportation, taking into consideration the mode(s) of transport Esprit has elected to use for each Authorized Usersuch shipment, the final destination point of each such shipment and reasonable expectations as to shipment time duration and possible delays associated therewith. Orders Indevus will deliver or cause to be delivered all Finished Products and/or Samples to the carrier nominated by Esprit at a point selected by Indevus. If Esprit nominates a Third Party other than a carrier to receive the Finished Products and/or Samples, Indevus shall be deemed to have fulfilled its obligation to deliver the Finished Products and/or Samples when the Finished Products and/or Samples are delivered within three (3) Business Days from to that Third Party. Title and risk of loss shall transfer to Esprit upon delivery, F.O.B. to the time carrier or Third Party designated by Esprit. For purposes of receipt this Section 14.7, “Certificate of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required Analysis and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such Compliance” means a document as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery determined by mutual agreement of the product unless special instructions are stated on the order Parties, signed by the Authorized User. Authorized User must be informed designated quality manager of Indevus or Indevus’ Third Party Manufacturer, as applicable, and provided by such Person to Esprit, that sets forth the additional cost prior to delivery analytical test results against the Specifications for a specified Batch or lot of Finished Products and/or Samples and agree that certifies that each Batch or lot of Finished Products and/or Samples was produced and tested in writing to compliance with the additional charge. Shipping costs must be prepaid by Specifications, cGMPs, the vendor master Batch record and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeall applicable FDA Approvals.
Appears in 1 contract
Delivery. Delivery of all Contract items shall be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock deliveryFor each Parcel to be shipped to the Buyer hereunder, the Seller shall notify the Buyer of the calendar month during which the Seller expects to ship that Parcel (the “Month of Notified Shipment”) not later than 60 days prior to the first day of the Month of Notified Shipment of that Parcel. The Buyer shall promptly advise the Seller by written notice of the Port of Discharge of each Parcel in sufficient time to allow the Seller to arrange for shipment within the Month of Notified Shipment, but no earlier than 30 days prior to the first day of the Month of Notified Shipment.
(b) inside delivery, and Each Parcel to be delivered to the Buyer hereunder shall be delivered by the Seller [**].
(c) inside delivery For any Parcel delivered to desk/bench top at no additional charge. Inside delivery a Port of Discharge that is not [**], the Seller shall be entitled to a credit if the cost of freight and inside delivery insurance to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon borne by the Authorized User’s Agency Seller in respect of the Parcel exceeds that which would be required to ship the same Parcel from the Port of Loading to [**], and Contractor and c) inside delivery can be pre-arranged. There the Buyer shall be no charges for delivery except entitled to a credit if such cost is less (such credit in either case, a “Freight and Insurance Credit”); provided that, in the instance event that the Seller has a contract of special handling as noted affreightment in place, the paragraph below. Delivery amount of such Freight and Insurance Credit shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the itemrate under the Seller’s composition. Overnight service charges will only be allowable and charged to contract of affreightment for shipping the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days Parcel from the time Seller’s Port of receipt Loading to [**]. If the Seller does not have a contract of order. In any eventaffreightment in place, delivery the amount of such Freight and Insurance Credit shall be based on the most economical method and rate of prevailing market terms for shipping the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days Parcel from the time Seller’s Port of receipt Loading to [**].
(d) The effect of order will only any Freight and Insurance Credit shall be allowable and charged to increase or decrease the Authorized Users when such delivery is requested by Deductions on the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree relevant Parcel, as provided for in writing to the additional chargeSection 7.07.
Appears in 1 contract
Samples: Copper Concentrates Sales Agreement (Thompson Creek Metals Co Inc.)
Delivery. Delivery TIME IS OF THE ESSENCE IN THE DELIVERY OF ALL PRODUCTS AND SERVICES. Buyer may cancel any Order without penalty if delivery is not made by the date and time specified in the Order. No change in the scheduled delivery date or performance will be permitted, unless Xxxxx has otherwise agreed in writing. Buyer’s acceptance of all Contract items Products or Services after the scheduled delivery date shall not be made in accordance deemed to be a waiver of Buyer’s rights with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock respect to such late delivery, (b) inside delivery, nor shall it be deemed a waiver of Seller’s obligation to comply with future scheduled delivery dates and (c) inside delivery to desk/bench top at no additional chargetimes. Inside delivery and inside delivery to desk/bench will be made only when Buyer’s schedules are based upon the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions dates shown on the Purchase Order from each Authorized Userface of the Order. Orders The Products or Services shall be delivered within three (3in the quantities and on the dates or on expiry of the periods specified in the Order to the place(s) Business Days named therein at the risk of the Seller, but in no event shall the Products be shipped before the earliest shipping date specified on the face of the Order. The Products shall be properly packed and secured in such manner as to reach their destination such that upon arrival they conform in all respect with the Order, and a packing slip shall accompany each parcel. Title to the Products shall pass to the Buyer on the earlier of payment and delivery to the Buyer or its agents. Transfer of such title shall not in any way prejudice Xxxxx’s rights of rejection. If any or all of the Products are not delivered on the date(s) specified in the Order, the Buyer shall be entitled to accept or reject any such Products and return rejected Products at Seller’s risk and expense without prejudice to any other of its rights. Buyer shall also be entitled to recover from the time Seller any monies paid by the Buyer in respect of receipt such returned Products together with any additional expenditure reasonably incurred by the Buyer in obtaining other products in replacement. Notwithstanding any language to the contrary on the Proof of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery Delivery (storeroom or desk“POD”), it must clearly indicate signing a POD only signifies that a shipment was received by Buyer or its agent(s). Buyer shall have seven days to review the contents of the shipment and if no claim is made within such seven days, this will signify that the delivery was as indicated on the Purchase Order what inside delivery is required and POD; provided, however, that Buyer will always be able to file a claim as to the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery quality of the product unless special instructions Products delivered, and Seller recognizes that the quality may not be ascertainable until the Products are stated on used. An Order may contain specific brand identifiers for certain items. Buyer expects that all items delivered will be of the order by correct brand and item specification. In the Authorized User. Authorized User event that Seller cannot deliver the contracted brand, the Buyer must be informed of notified immediately. In the additional cost event that a brand is delivered that is not the contracted brand and there is no prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days written approval from the time Buyer, Seller agrees that Buyer shall treat such Products, as test samples which are free of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior charge to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeBuyer.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Delivery. Delivery (a) Unless otherwise specified in an applicable Order, title to a Product sold pursuant to this Agreement shall pass at the time of all Contract items shipment by Seller as described in Section 12.(b). Any loss or damage to a Product prior to the passing of title shall be for the account and risk of Seller and after the passing of title shall be for the account and risk of Customer.
(b) Shipments of Product shall be made FOB Origin, freight collect or as otherwise specified on individual Order. When Customer requests Seller to arrange the transportation of the Product, Seller shall ship Product freight collect in accordance with Appendix Bthe GTE Shipping and Carrier Routing Instruction, § 45Exhibit G (which Customer may revise and provide to Seller), Product Delivery unless otherwise specified on Customer's Order. If Seller is instructed by Customer to ship prepaid and § 47added to the invoice, Contractor must offer (a) dock delivery, (b) inside deliverySeller shall select a carrier based on the best rate as negotiated by Seller, and Customer shall only pay Seller's net transportation costs, that include, but are not limited to, all applicable discounts, allowances and refunds.
(c) inside Failure of Seller to ship Product in accordance with Customer's freight routing instructions may result in charge-backs to Seller for excess freight charges.
(d) Unless instructed otherwise by Customer. Seller shall, for Orders placed, (i) see that all subordinate documents bear Customer's Order number; (ii) enclose a packing list with each shipment and when more than one package is shipped, identify the one containing the packing list; (iii) xxxx Customer's Order number on all packages and shipping papers; (iv) render invoices showing Customer's Order number; (v) render separate invoices for each shipment or Order; (vi) forward shipping notices with invoices; (vii) invoice Customer by mailing or otherwise transmitting invoices, bills, and notices to the billing address on the Order; and (viii) make available a xxxx of lading upon request.
(e) Standard delivery intervals for Product shall be specified in Exhibit H and may be amended only by a written document signed by both parties. Standard delivery intervals begin from the date of Seller's receipt of Customer's Order.
(f) Seller shall ship Product to desk/bench top Customer within (i) the delivery intervals specified in Exhibit H (which do not include in-transit interval), or (ii) as otherwise provided by Seller to Customer in a firm price quotation, purchase order acknowledgement or other written means (provided that such time period is not longer than the time period specified in Exhibit H without Customer's written request or agreement). If Seller fails to meet a delivery date, Customer may require an expedited delivery, with any additional costs to be borne by Seller, or Customer may cancel all or part of the Order in accordance with Section 8. If Product is delivered ahead of the delivery date, Customer may withhold payment for Product until after the specified delivery date or place Product in storage, at Seller's expense, until the specified delivery date.
(g) Product shall be packaged for shipment, at no additional charge. Inside delivery , in commercially suitable containers, consistent with all applicable laws, that provide protection against damage during the shipment, handling and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery storage of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree Product in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any eventreasonably dry, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeunheated quarters.
Appears in 1 contract
Samples: Product Purchase Agreement (Godigital Networks Corp)
Delivery. Delivery The Seller shall deliver the Items to Purchaser on the date(s) indicated in the Purchase Order. If Seller anticipates that it will not deliver the Items on the date(s) indicated, Seller shall immediately notify Purchaser by the fastest available means of all the anticipated failure and the anticipated actual delivery date. If Seller fails to make delivery of any part of the Items on the date(s) indicated in the Purchase Order, the Purchaser may terminate the Contract items and pursue other remedies. In the event Purchaser accepts late delivery, Seller shall reimburse Purchaser for any additional cost incurred as a result of the late delivery. All shipments shall be delivered DAP (Incoterms 2010) to the destination designated by Purchaser in the Purchase Order, and title and risk of loss shall remain with Seller until the Items in a completed state are received by Purchaser, its agent or consignee regardless of whether or not Purchaser has made in accordance with Appendix Bfull payment for the Items. Seller will mail Bills of Lading and Shipping Notices directly to the DAP (Incoterms 2010) destination on the day of shipment. Bills of Lading shall indicate the relevant purchase order number. Purchaser may require adherence to its routing instructions, § 45and any savings resulting from adherence to such instructions shall be for the benefit of Purchaser. Seller, Product Delivery and § 47or the carrier it uses to deliver Items, Contractor must offer whichever is applicable, shall (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days maintain a "satisfactory" safety rating from the time U.S. Department of receipt Transportation and shall provide Purchaser with written proof of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate such rating on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User request if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any eventcarrier is a motor carrier, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeand
Appears in 1 contract
Samples: Sales Contracts
Delivery. Delivery 3.1 Unless the Seller and Buyer agree in writing otherwise, all shipments are ExWorks Seller’s Factory. The risk of all Contract items loss of Goods, in the event of a breach or otherwise, passes to the Buyer upon Seller making the Goods available to Buyer or Buyer’s carrier at Seller’s Factory (the “Shipment Point”). The Buyer shall be provide Seller with the exact address of the place of delivery. Loading and transportation charges when made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench freight prepaid by Seller will be made only when charged on the delivery is a) feasible, b) the delivery location is mutually agreed upon invoice as freight and handling. Loading and transportation charges in all other cases will be paid by the Authorized UserBuyer directly to the carrier. At Buyer’s Agency request, Seller will, at Buyer's risk and Contractor expense, arrange for the loading and c) inside delivery can be pre-arranged. There shall be no of the Goods to Buyer's site/facility and Buyer will pay, or reimburse Seller, for all loading and freight charges, taxes, duties, entry fees, brokers’ fees, insurance and all other ancillary charges for delivery except in the instance of and special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall packaging charges incurred.
3.2 The Goods will be delivered within three (3) Business Days from a reasonable time after the receipt of the Sale Confirmation, subject to availability of finished Goods. The delivery and/or shipping schedule is the best estimate possible based on conditions existing at the time of Seller's Sales Confirmation or Seller's quotation and receipt of orderall specifications, except as applicable, and in the instances where case of non-standard items, any such date is subject to Seller's receipt of complete information necessary for design and manufacture. Seller shall not be liable for any delays, loss or damage in transit or for any other direct, indirect, or consequential damages due to delays, including without limitation, loss of use or profits.
3.3 Seller may, in its sole discretion, without liability or penalty, deliver partial shipments of Goods to Buyer and ship the items being ordered require special handlingGoods as they become available, in advance of the quoted delivery date. If an Authorized User requires an inside the Goods are delivered in installments, then insofar as each shipment is subject to the same Agreement, the Agreement will be treated as a single contract and not severable.
3.4 If for any reason Buyer fails to accept delivery of any of the Goods or if Seller is unable to deliver the Goods at the Seller’s Shipment Point on such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations: (storeroom or desk), it must clearly indicate on i) title and risk of loss to the Purchase Order what inside delivery is required and Goods shall pass to Buyer; (ii) the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders Goods shall be received in accordance with § 2.15deemed to have been delivered; and (iii) Seller, Ordering. Special Delivery at its option, may store the Goods until Buyer picks them up, whereupon Buyer shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method liable for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping all related costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeand
Appears in 1 contract
Samples: Terms and Conditions of Sale
Delivery. Delivery (A) Time of delivery and time of performance by the Seller is of the essence. Unless otherwise specified in this Purchase Order, delivery of all Contract items goods shall be F.O.B. Buyer’s Headquarters in Deer Park, TX. Seller shall be responsible for arranging transportation of the goods and insuring of the goods while in transit and prior to acceptance of the goods by Xxxxx. Seller shall be solely responsible for the cost of such transportation and insurance. If the delivery of the goods is not made at the times specified in accordance with Appendix Bthis Purchase Order, § 45or the rendering of services is not completed at the times specified in this Purchase Order, Product Delivery and § 47Buyer reserves the right, Contractor must offer (a) dock delivery, (b) inside deliverywithout liability, and in addition to its other rights and remedies, to take either or both of the following actions:
(c1) inside delivery to desk/bench top at no additional charge. Inside delivery direct expedited routings of the goods (the difference in cost between the expedited routing and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders routing shall be delivered within three paid by Seller); and/or (32) Business Days terminate the Contract as provided in Paragraph 15, below. If Buyer terminates the Contract, Buyer may, at its option, purchase substitute goods or services elsewhere and charge the Seller with any losses and expenses incurred by Buyer in connection therewith. Buyer reserves the right to refuse delivery of goods which is made in advance of the delivery date specified herein and to return such goods to Seller at Seller’s expense. If Xxxxx accepts early delivery, invoice payment terms will be calculated from the time date of receipt scheduled delivery. Buyer will have no liability for payment for goods delivered to Buyer which are in excess of order, except quantities specified in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required Contract and the specific location where inside applicable delivery is required to be madeschedules. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders Such goods shall be received subject to rejection and return at Seller’s expense, including (but not limited to) transportation charges both ways. The foregoing remedies are in accordance with § 2.15addition to, Ordering. Special Delivery shall be expressed and not in number lieu of calendar days required to make delivery after receipt of a purchase order. Delivery shall be or in limitation of, any other rights and/or remedies Buyer may have under applicable law or under the most economical method for the proper delivery terms of the product unless special instructions are stated on the order Contract. Acceptance by the Authorized User. Authorized User must be informed Buyer of all or part of the additional cost prior to delivery and agree goods shall not constitute a waiver by Buyer of its claims arising from delays in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargedelivery.
Appears in 1 contract
Samples: Purchase Order Agreement
Delivery. Delivery Time is of all Contract items shall be made in accordance with Appendix B, § 45, Product the essence for Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional chargeall other obligations arising herein. Inside delivery and inside delivery to desk/bench will be made only when “Delivery Date” and/or “Dock Date” shall mean the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery date Supplier is required to deliver the Product to the locations designated on Buyer’s Purchase Order. If Supplier does not meet the scheduled Delivery Dates, and Supplier fails to demonstrate to Buyer that it has taken best commercial efforts to comply with meeting the Delivery Dates, then Buyer may, at its option cancel this Purchase Order, or any part of this Purchase Order without incurring any liability. If Buyer requests expedited shipment of any late deliveries, Supplier will be maderesponsible for shipping cost. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc.Supplier will not ship ahead of the scheduled Delivery Date unless authorized by Buyer in writing. Buyer may re- turn, at its option, all unauthorized early shipments to Supplier at Supplier’s expense. Payments for early shipments unauthorized by Buyer will be postponed until the applicable due date after the scheduled Delivery Date. Supplier, when inside delivery is required.) Delivery it has reason to believe that deliveries will not be made as scheduled, will provide immediate written notice to Buyer setting forth the cause of such anticipated delay. Supplier shall be, in addition to any other remedy available to Buyer, liable for items requiring special handling Buyer’s documented additional expenses due to its failure to deliver in the event that it fails to provide such notice. Notwithstanding the above, neither Buyer or Supplier will be liable for delays or defaults due to fires, floods, earthquakes, riots, storms or acts of civil or military authority and without their fault or negligence. In the event that any such condition exists as to Supplier, Buyer may at its option, cancel affected Purchase Order in whole or in part. All internationally shipped products will be shipped under "FCA Suppliers Facility (Incoterms 2010)". Products shipped under domestic transport may be charged FCA or other Incoterm agreed between Supplier and Jabil. For FCA terms, Supplier must utilize the carriers or forwarder provided in Jabil’s shipping guidelines for the transit from Supplier’s facility to Authorized Usersthe Jabil’s receiving dock. Orders Supplier must utilize Jabil’s specified transportation agent for all shipments. If Supplier uses any other transportation agent, Supplier will reimburse Jabil for any additional costs incurred for transportation. If no transportation agent is specified, Supplier will use a transportation agent acceptable to Jabil. Title shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required transferred to make delivery after receipt of a purchase order. Delivery shall be Jabil upon the most economical method for the proper physical delivery of the product unless special instructions are stated Products to the final destination designated on Jabil's Purchase Order . Jabil assumes risk of loss for Products when Products have been received by Jabil’s carrier or forwarder. In the order by the Authorized User. Authorized User must be informed event a tooling Delivery is delayed, and it is estimated that such delay will exceed more than 25% of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In agreed completion Date/Delivery time, Buyer may, at its option cancel this Purchase Order without incurring any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeliability.
Appears in 1 contract
Samples: Purchase Order Terms and Conditions
Delivery. Delivery On each Closing Date, subject to the terms and conditions hereof, the Company shall deliver to each Purchaser (i) stock certificates, registered in the name of all Contract items shall the Purchaser, representing the Shares to be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside deliverypurchased by the Purchaser from the Company, and (cii) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when warrant certificates, registered in the delivery is aname of the Purchaser, representing the Warrants purchased by the Purchaser, each dated as of the relevant Closing Date, against payment of the purchase price therefor (the "Payment") feasibleby wire transfer or previously cleared check, b) the delivery location is mutually unless other means of payment shall have been agreed upon by the Authorized User’s Agency Purchaser and Contractor and c) inside delivery can be pre-arrangedthe Company. There The undersigned understands that payments by check as provided in this Paragraph 2.2 shall be no charges delivered to Mintz Levin Cxxx Xexxxx Gxxxxxx xxx Pxxxx X.C., ax xxx escrow agent and, thereafter, such payment will be deposited as soon as practicable in an escrow account for delivery except in the instance of special handling as noted in the paragraph belowundersigned's benefit. Delivery The wire transfer shall be made to Mintz Levin Cxxx Xexxxx Gxxxxxx xxx Pxxxx, X.C., xx xxcrow agent in accordance with the wire transfer instructions attached as Exhibit A hereto. The Payment will be made on or prior to the relevant Closing Date. The Payment (or, in the case of the rejection of a portion of the undersigned's subscription, the part of the Payment relating to such rejected portion) will be returned promptly, without interest or deduction, if the undersigned's subscription is rejected in whole or in part. Any Payment made by the Purchaser prior to the Initial Closing and/or any subsequent Closing is based on an estimated price per share of Common Stock of $3.00. The Purchaser agrees to remit to the Company on the Purchase Order from each Authorized UserInitial Closing and/or any Interim Closing the balance of the Payment if the Offering Price is greater than $3.00 per share. Orders The Company agrees to promptly remit to the Purchaser any excess Payment made by such Purchaser if the Offering Price is less than $3.00 per share. Each party hereto shall deliver or cause to be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom at or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a Closing Date an executed copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users Registration Rights Agreement between the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method Company and the Authorized User must be informed Purchaser and the Company shall deliver to each Purchaser a fully-executed copy of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeAgreement.
Appears in 1 contract
Delivery. Delivery of all Contract items a. The delivery terms listed on the PO shall be made interpreted in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery Incoterms 2000.
b. Time is of the essence. The Purchaser agrees to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when deliver the delivery is a) feasible, b) the delivery location is mutually agreed upon by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance of special handling as noted in the paragraph below. Delivery shall be made Articles in accordance with instructions the delivery date(s) shown on the Purchase Order face of the PO or such other date as agreed to in writing by the Purchaser and Supplier.
c. Where the Articles are chemicals or of hazardous materials, the Supplier shall deliver Material Safety Data Sheets (MSDS) to the Purchaser prior to the shipment of these goods or related articles covered by this PO. Should the Supplier fail to deliver the MSDS to the Purchaser and a fine is assessed against the Purchaser, the fine shall be deducted from each Authorized User. Orders the Supplier's invoice.
d. The Supplier shall be responsible for all damages of any kind incurred or suffered by the Purchaser which have been occasioned by the negligence of the Supplier.
e. The Articles shall be delivered within three (3in the quantities, specifications and on the delivery date(s) Business Days specified in the PO either to the Purchaser directly or to the shipper named by the Purchaser.
f. The Articles shall be properly packed and secured by Supplier to guard against breakage, loss or damage. The packaged Articles must be clearly labeled "Jamaica Public Service Company Limited" and the PO number stated thereon.
g. Title to the Articles shall be deemed to have passed to the Purchaser on delivery and acceptance by the Purchaser or a shipper and/or freight carrier named by the Purchaser, when one is used.
h. To the extent that any Article incorporates a design created by the Supplier for the Purchaser, the Purchaser shall own such design upon the transfer of title to the Article and the Supplier shall furnish the Purchaser with any documentation of the design in the Supplier's possession.
i. If any and all the Articles are not delivered on the date(s) specified herein, or do not conform to the PO and these Terms and Conditions the Purchaser shall be entitled to accept or reject any such Articles and return rejected Articles to the Supplier at the Supplier's risk and expense without prejudice to any other right or remedy of the Purchaser.
j. The Purchaser shall also be entitled to recover from the Supplier any monies paid by the Purchaser in respect of such returned Article(s) together with any additional expenditure reasonably incurred by the Purchaser in obtaining replacement Article(s).
k. The Purchaser reserves the right to change the place of delivery at any time of receipt of order, except in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom or desk), it prior to actual shipment.
l. All raw wood packaging materials must clearly indicate on the Purchase Order what inside delivery is required be treated and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received marked in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number the requirements of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery shall be the most economical method and the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeISPM 15.
Appears in 1 contract
Samples: Purchase Order Agreement
Delivery. Delivery 8.1 Any delivery date quoted by the Company is an estimated date only and the Company shall not be liable for any toss or damage occurring through any failure or inability to meet such date. Time for delivery is not of all the essence of any Contract items and shall not be made in accordance with Appendix B, § 45, Product Delivery and § 47, Contractor must offer (a) dock delivery, (b) inside delivery, and (c) inside delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will be made only when the delivery is a) feasible, b) the delivery location is mutually agreed upon so by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except in the instance service of special handling as noted in the paragraph below. Delivery shall be made in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from the time of receipt of order, except in the instances where the items being ordered require special handlingany notice. If an Authorized User requires an inside no delivery (storeroom or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper delivery of the product unless special instructions dates are stated on the order by the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Shipping costs must be prepaid by the vendor and may be added to the invoice with a copy of the freight xxxx. Dry ice charges will only be allowable and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any eventspecified, delivery shall be within a reasonable time of the most economical method date that the Order ls placed.
8.2 Delivery shall be Ex Works at the Company's premises unless otherwise stipulated or agreed in writing by the Company. The Company may charge for delivery at a location other than its premises.
8.3 The Purchaser shall take delivery of the Goods within seven (7) days of the Purchaser giving it notice that the Goods are ready for delivery. The Purchaser shall provide at the point of delivery and at its expense adequate and appropriate equipment and manual labour for loading and/or unloading of the Goods. The Purchaser is solely responsible for loading and/or unloading of the Goods at the point of delivery. The Purchaser shall indemnify and keep indemnified the Company against any losses, liabilities, damages, claims, costs or proceedings arising as a result of the Company or its subcontractors assisting the Purchaser in the loading, unloading or other removal of the Goods from the point of delivery.
8.4 If for any reason the Purchaser refuses or fails to take delivery of Goods tendered in accordance with any Contract or fails to take any action necessary on its part for delivery of the Goods the Company shall be entitled to immediate payment of the Price in full for the Goods so tendered. The Company shall be entitled to store at the risk of the Purchaser any Goods of which the Purchaser fails or refuses to take delivery and the Authorized User must Purchaser shall! in addition to the Price pay on demand al! costs of such storage and any additional costs incurred as a result of such failure or refusal. The Company shall be informed entitled in the case of short-life Goods immediately to dispose of the additional cost prior to delivery same in such manner as the Company may in its absolute discretion determine and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and case of all other Goods the item(s) could Company shall be delivered within (3) Business Days entitled after the expiration of one month from the time date of receipt of order will only be allowable and charged failure or refusal to the Authorized Users when such take delivery is requested by the Authorized User. The Authorized User must be informed to dispose of the additional cost prior to delivery and agree Goods in writing to the additional chargesuch manner as it may in its absolute discretion determine.
Appears in 1 contract
Samples: Terms and Conditions of Sale
Delivery. Delivery of all Contract items 6.1 The Goods shall be made delivered, carriage paid, place of delivery as is agreed by the Company in writing prior to delivery of the Goods. The Seller shall off-load the Goods at its own risk as directed by the Company.
6.2 The date for delivery shall be specified in the Order or in accordance with Appendix Bthe attached delivery schedule.
6.3 The Seller shall invoice the Company upon, § 45but separately from, Product Delivery despatch of the Goods to the Company.
6.4 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 § 47contents and, Contractor must offer (a) dock in the case of part delivery, (b) inside delivery, and (c) inside the outstanding balance remaining to be delivered.
6.5 Time for delivery to desk/bench top at no additional charge. Inside delivery and inside delivery to desk/bench will shall be made only when of the delivery is a) feasible, b) the delivery location is mutually agreed upon essence.
6.6 Unless otherwise stipulated by the Authorized User’s Agency and Contractor and c) inside delivery can be pre-arranged. There shall be no charges for delivery except Company in the instance Order, deliveries shall only be accepted by the Company during Business Hours.
6.7 The Seller shall notify the Company promptly of special handling as noted any delays or threatened delays in the paragraph below. Delivery shall be made performance of the order.
6.8 The Company may from time to time change delivery schedules or direct temporary suspensions of scheduled shipments by means of written or telephonic notice to the Seller.
6.9 If the Goods are not delivered on the due date or not in accordance with instructions on the Purchase Order from each Authorized User. Orders shall be delivered within three (3) Business Days from attached delivery schedule then, without prejudice to any other rights which it may have, the time of receipt of order, except Company reserves the right to:
6.9.1 cancel the Contract in the instances where the items being ordered require special handling. If an Authorized User requires an inside delivery (storeroom whole or desk), it must clearly indicate on the Purchase Order what inside delivery is required and the specific location where inside delivery is required in part;
6.9.2 refuse to be made. (Authorized Users should use terminology such as "INSIDE DELIVERY TO ROOM [number] LOCATED ON [number] FLOOR," etc., when inside delivery is required.) Delivery for items requiring special handling may be charged to Authorized Users. Orders shall be received in accordance with § 2.15, Ordering. Special Delivery shall be expressed in number of calendar days required to make delivery after receipt of a purchase order. Delivery shall be the most economical method for the proper accept any subsequent delivery of the product unless special instructions Goods which the Seller attempts to make;
6.9.3 recover from the Seller any expenditure reasonably incurred by the Company in obtaining the Goods in substitution from another supplier; and
6.9.4 claim damages for any additional costs, loss or expenses incurred by the Company which are stated in any way attributable to the Seller's failure to deliver the Goods on the order by due date.
6.10 Where the Authorized User. Authorized User must be informed of the additional cost prior to delivery and agree Company agrees in writing to accept delivery by instalments the additional chargeContract shall be construed as a single contract in respect of each instalment. Shipping costs must be prepaid Nevertheless failure by the vendor and may be added Seller to deliver any one instalment shall entitle the Company at its option to treat the whole Contract as repudiated.
6.11 If the Goods are delivered to the invoice with a copy Company in excess of the freight xxxx. Dry ice charges will only quantities ordered the Company shall not be allowable bound to pay for the excess and charged to Authorized Users the manufacturer determines the item(s) need to ship on ice for quality control. Hazardous materials fees will only be allowable and charged to the Authorized Users when the shipper assesses a hazardous materials charge based on the item’s composition. Overnight service charges will only be allowable and charged to the Authorized User if the Authorized User requests overnight delivery when the item could be delivered within (3) Business Days from the time of receipt of order. In any event, delivery excess shall be and shall remain at the most economical method Seller’s risk and shall be returnable at the Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional charge. Expedited, overnight delivery air service when standard delivery service is available and the item(s) could be delivered within (3) Business Days from the time of receipt of order will only be allowable and charged to the Authorized Users when such delivery is requested by the Authorized User. The Authorized User must be informed of the additional cost prior to delivery and agree in writing to the additional chargeSeller’s expense.
Appears in 1 contract