Late Shipment. If, due to Seller's failure to ship Goods in a timely manner, the identified method of transportation would not permit Seller to meet the Delivery Date, Seller shall ship the Goods by air transportation or other means acceptable to AGILENT, and shall pay for any resulting increase in the cost of freight.
Late Shipment. Chemport ships API pursuant to [***] or more Purchase Orders after the applicable Shipment Date during any [***] period.
Late Shipment. EIS will use its best efforts to ship the Software within ten (10) days of receipt of an acceptable order. However, EIS does not guarantee specific delivery dates. If EIS fails to deliver the Software in the time frame required by the State, the State may cancel its order. EIS will not be responsible for any losses incurred by the State in purchasing software elsewhere.
Late Shipment. Not later than thirty (30) days prior to the Ship Date relating to Product covered by a Purchase Order, Buyer may notify Seller in writing that (i) Buyer does not wish to receive shipment of any Products on the date set forth in such Purchase Order, or (ii) Buyer's facilities are not prepared in sufficient time for Seller to make delivery on such date. In either case, Seller shall delay delivery as requested by Buyer. Seller may, subject to Buyer's consent, store such Products in a commercially reasonable manner consistent with the storage requirements set forth in the Product Specifications at Buyer's risk of loss. Buyer shall reimburse Seller for reasonable out-of-pocket storage and shipping fees associated with such delay.
Late Shipment. If, due to Seller's failure to ship Goods in a timely manner, the identified method of transportation would not permit Seller to meet the Delivery Date, Seller shall ship the Goods by air transportation or other means acceptable to Esco, and shall pay for any resulting increase in cost of freight.
Late Shipment. When, for reasons other than force majeure as set out in Clause 2. or late or extended shipment under Clause 4. the goods have not been shipped by seven (7) days after contract shipment time, or when goods have not been shipped within an extended shipment period under Clause 5. Seller shall immediately notify Buyer (either directly or through his agent) of such failure to ship, the reason therefor and his best estimate of the prospective delay in shipment. Such goods when shipped shall be accepted by Buyer with the following allowances which must automatically be deducted from Seller's invoice:
1. Two (2) per cent of the gross invoice value if the xxxx of lading is dated more than seven (7) days but not more than fourteen (14) days after contract shipment time.
2. Three (3) per cent of the gross invoice value if the xxxx of lading is dated more than fourteen (14) days but not more than twenty-one (21) days after contract shipment time.
3. Five (5) per cent of the gross invoice value if the xxxx of lading is dated more than twenty-one (21) days but not more than thirty (30) days after contract shipment time. If the goods have not been shipped within thirty (30) days of contract shipment time, Seller shall immediately further notify Buyer that the goods have not been shipped and Buyer shall have the following options, to be declared by Buyer to Seller within ten (10) days (Saturdays, Sundays and Public Holidays in India or Bangladesh (strike out where not applicable) and/or Buyers country excluded) from receipt of Sellers notice:
a. Cancelling the contract to the extent of such goods, in which event Seller shall be liable to Buyer for the difference, if any, between the contract price and the market price prevailing in Calcutta or Bangladesh (strike out where not applicable) for goods of the same description either (a) at contract shipment time or (b) on the date Seller notified Buyer hereunder that the goods have not been shipped as of thirty (30) days after contract shipment time, at Buyers option; or
b. Accepting the goods with an allowance to be mutually agreed upon.
Late Shipment. In the event that any Products are shipped to Client more than 14 days after the agreed upon date (for reasons other than Client's failure to deliver Active Material required to manufacture such Products to Patheon within the time frames requested), the parties shall meet as necessary in order to try to resolve the reasons, if any for the late shipment, amicably. Should the parties fail to reach resolution under this Section 5.5, then their dispute will be handled in accordance with Section 12.1 hereof.
Late Shipment. In addition to other obligations and remedies under this Agreement, whenever shipment of Product orders is delayed beyond the date specified in this Agreement, Elite shall use commercially reasonable efforts to expedite shipment of the Product to PRECISION DOSE, and shall exert at least equivalent effort in resolving a Product shortage as compared to ELITE’s production requirements for its other customers’ production requirements.
Late Shipment. TDK will notify Imation or its Subsidiary in writing if TDK has any reason to believe that it will be unable to fully supply the quantities of Products which TDK is obligated to supply in any month. If a shipment is delayed, the parties will discuss in good faith whether expedited shipment is necessary based on Imation’s or its Subsidiaries’ commitments to customers, availability of inventory and other factors. If the parties agree that expedited shipment is necessary and applicable, TDK will be responsible for the incremental cost of such expedited shipment.
Late Shipment. If any Supplier is unable to ship Products on the applicable Shipment Date, such Supplier shall (i) notify the appropriate Cisco BV manufacturing operations contact within twenty four (24) hours of such Supplier’s knowledge of late shipment and (ii) make reasonable commercial efforts to allow no less than forty eight (48) hours notice of any such late shipment. Each Supplier shall immediately notify Cisco BV of any known or anticipated delays that may cause a manufacturing line to go down, or of any circumstances that may cause disruption in shipment. Additionally, each Supplier shall adhere to the freight and logistics requirements of the SLA.
