Manufacturing and Delivery Commitment Sample Clauses

Manufacturing and Delivery Commitment. For the Term of this Agreement, Supplier commits to supply to Insulet, in accordance with the terms and conditions hereof, such quantities of the Products listed on Amended Exhibit A (including those added as provided above) as Insulet may choose to order under the terms of this Agreement and which Supplier has agreed to supply in accordance with the terms hereof. Insulet reserves the right to manufacture the Products or similar items itself or purchase the Products or similar items from other suppliers. If Supplier fails to deliver the total quantity of Products ordered by Insulet in any Purchase Order as accepted by Supplier pursuant to Section 6 of the Original Agreement, by the date of delivery specified therein, then, (i) at Insulet’s option, Insulet may have the remaining portion of the order of Product shipped by air freight at Supplier’s sole cost and expense and (ii) Supplier shall use commercially reasonable efforts to identify the root cause of the failure and provide such information to Insulet as soon as reasonably possible. Thereafter, the Parties agree to engage in a management review and remediation process to prevent such failure from reoccurring. Regardless of whether Insulet manufactures, orders replacement or substitute Products from another source, Supplier shall remain obligated to deliver the total quantity ordered by Insulet, unless Insulet notifies Supplier that Insulet is canceling its order with respect to the amount of the shortfall. * Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [*]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission.
Sample 1
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Manufacturing and Delivery Commitment. Supplier shall use commercially reasonable efforts to make all deliveries at the time(s) and in the quantity(ies) specified in the Purchase Order [***]. If Supplier fails to deliver the total quantity of Products ordered by Purchaser in any Purchase Order within [***]of the date of delivery specified therein, then, at Purchaser’s option, Purchaser may elect to [***].
Sample 1
Manufacturing and Delivery Commitment. Supplier hereby represents and warrants that it has and will maintain sufficient manufacturing capacity to meet Röchling Advent Tool & Mold's needs of the Products as specified in the Order(s). If Supplier fails to deliver the total quantity of Products ordered by Röchling Advent Tool & Mold in any Order by the date of delivery specified therein, then Röchling Advent Tool & Mold may elect to (a) purchase replacement Products from an additional supplier, or (b) have the remaining portion of the order of Products shipped by air freight at Supplier’s sole cost and expense. In the event that Röchling Advent Tool & Mold purchases replacement Products or substitutes for the replacement Products from another source because Supplier is not able to deliver sufficient Products, and pays more than the then-current purchase price stipulated in the Order for such replacement Products or for substitutes for the replacement Products, Supplier shall credit Röchling Advent Tool & Mold the difference in price per unit of Products not delivered equal to the total amount of the shortfall. Regardless of whether Röchling Advent Tool & Mold orders replacement or substitute Products from another source, Supplier shall remain obligated to deliver the total quantity ordered by Röchling Advent Tool & Mold, unless Röchling Advent Tool & Mold notifies Supplier that Röchling Advent Tool & Mold is canceling its order with respect to the amount of the shortfall.2 Delivery: Supplier acknowledges and agrees that time is of the essence with respect to all 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, Röchling Advent Tool & Mold may either (a) reject and return all or any part of the Products ordered thereunder for full credit, including freight or (b) at Röchling Advent Tool & Mold’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 Röchling Advent Tool & Mold. Röchling Advent Tool & Mold reserves the right to accept or reject partial shipments. All shipments shall be routed per routing instructions on the face of the Order or at the re...
Sample 1
Manufacturing and Delivery Commitment. Supplier hereby represents and warrants that it has and will maintain sufficient manufacturing capacity to meet RMR's needs of the Products as specified in the Order(s). If Supplier fails to deliver the total quantity of Products ordered by RMR in any Order by the date of delivery specified therein, then RMR may elect to (a) purchase replacement Products from an additional supplier, or (b) have the remaining portion of the order of Products shipped by air freight at Supplier’s sole cost and expense. In the event that RMR purchases replacement Products or substitutes for the replacement Products from another source because Supplier is not able to deliver sufficient Products, and pays more than the then-current purchase price stipulated in the Order for such replacement Products or for substitutes for the replacement Products, Supplier shall credit RMR the difference in price per unit of Products not delivered equal to the total amount of the shortfall. Regardless of whether RMR orders replacement or substitute Products from another source, Supplier shall remain obligated to deliver the total quantity ordered by RMR, unless RMR notifies Supplier that RMR is canceling its order with respect to the amount of the shortfall.2
Sample 1

Related to Manufacturing and Delivery Commitment

  • Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.

  • Shipping and Delivery a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor’s until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge.

  • Closing and Delivery a) Upon the terms and subject to the conditions set forth herein, the consummation of the purchase and sale of the Shares (the “Closing”) shall be held simultaneous with the execution of this Agreement, or at such other time mutually agreed upon between the constituent Parties (the “Closing Date”). The Closing shall take place at the offices of counsel for the Company set forth in Section 6 hereof, or by the exchange of documents and instruments by mail, courier, facsimile and wire transfer to the extent mutually acceptable to the Parties hereto.

  • Closing and Deliveries 10 4.1 Closing.......................................................................................10

  • Inspection and Acceptance (a) LOCKHEED XXXXXX and its customer may inspect all Work at reasonable times and places, including, when practicable, during manufacture and before shipment. SELLER shall provide all information, facilities, and assistance necessary for safe and convenient inspection without additional charge.

  • Orders and Delivery 7.1 The Post Office will from time to time, please written orders by way of the Purchase Orders with the Service Provider in respect of Goods.

  • Procedures for Issuance and Amendment of Letters of Credit; Auto-Extension Letters of Credit (i) Each Letter of Credit shall be issued or amended, as the case may be, upon the request of the Borrower delivered to the L/C Issuer (with a copy to the Administrative Agent) in the form of a Letter of Credit Application, appropriately completed and signed by a Responsible Officer of the Borrower. Such Letter of Credit Application must be received by the L/C Issuer and the Administrative Agent not later than 11:00 a.m. at least two Business Days (or such later date and time as the Administrative Agent and the L/C Issuer may agree in a particular instance in their sole discretion) prior to the proposed issuance date or date of amendment, as the case may be. In the case of a request for an initial issuance of a Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the L/C Issuer: (A) the proposed issuance date of the requested Letter of Credit (which shall be a Business Day); (B) the amount thereof; (C) the expiry date thereof; (D) the name and address of the beneficiary thereof; (E) the documents to be presented by such beneficiary in case of any drawing thereunder; (F) the full text of any certificate to be presented by such beneficiary in case of any drawing thereunder; and (G) such other matters as the L/C Issuer may require. In the case of a request for an amendment of any outstanding Letter of Credit, such Letter of Credit Application shall specify in form and detail satisfactory to the L/C Issuer (A) the Letter of Credit to be amended; (B) the proposed date of amendment thereof (which shall be a Business Day); (C) the nature of the proposed amendment; and (D) such other matters as the L/C Issuer may require. Additionally, the Borrower shall furnish to the L/C Issuer and the Administrative Agent such other documents and information pertaining to such requested Letter of Credit issuance or amendment, including any Issuer Documents, as the L/C Issuer or the Administrative Agent may require.

  • Delivery and Acceptance All Software provided hereunder will be delivered electronically. We provide trial licenses of the Software for testing and pre-acceptance before purchase and therefore, delivery is deemed complete and accepted when such Software is made available to you. You are responsible for downloading, installing, registering, or otherwise using the Software.

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