Order Delivery Sample Clauses
Order Delivery. It is understood and agreed between the parties that Seller, in reliance on the promises of Buyer contained in the Sale Agreement, may be specially ordering the Equipment described in the Sale Agreement from the manufacturer and/or Seller may be specially modifying the Equipment at Buyer’s request, based on information supplied to Seller by Buyer. In so ordering and/or modifying this Equipment, Buyer understands that the Equipment may not be standard, readily resalable product, and that Seller is incurring extraordinary costs and expenses in ordering this Equipment from the manufacturer and/or in modifying the Equipment. In the event Buyer terminates the Sale Agreement prior to the delivery of the Equipment, Buyer shall be responsible for the payment to Seller of all costs incurred by Seller up to Seller’s receipt of written notice of termination, including but not limited to: a) the costs incurred by Seller for labor, materials and work executed; b) storage related charges attributable to delayed or failed delivery; c) termination charges; and d) reasonable overhead and profit. Additionally if the delivery is delayed for more than one (1) month from the delivery date shown in the Sale Agreement (or the date that Seller advises Buyer the Equipment is ready for delivery), then Buyer shall pay Seller storage fees as well as the cost of any tenant improvements/modifications made to the Equipment which have been incurred by Seller, and upon delivery, Buyer shall pay Seller any increased costs of delivery/installation related to such delay. Seller will deliver the Equipment being purchased by Buyer to the Delivery Address indicated in the Sale Agreement. Upon delivery, Buyer agrees to inspect and accept the Equipment. The Equipment is deemed finally accepted at the time of delivery unless Buyer notifies Seller of a defect or deficiency in writing by telefacsimile and in writing by regular mail addressed to Seller's address shown on Page (1) of the Sale Agreement within forty-eight (48) hours after receipt of the Equipment.
Order Delivery. Seller will deliver to the location indicated in this Agreement the Equipment being purchased by Buyer. It is understood and agreed between the parties that Seller, in reliance on the promises of Buyer contained herein, is specially ordering the Equipment described in the Agreement from the manufacturer, based on information supplied to Seller by Buyer. In so ordering this Equipment, Buyer understands that the Equipment may not be standard, readily resalable product, and that Seller is incurring extraordinary costs and expenses in ordering this Equipment from the manufacturer. Upon delivery, Xxxxx agrees to inspect and accept the Equipment. The Equipment is deemed finally accepted at the time of delivery unless Buyer notifies Seller of a defect or deficiency in writing by telefacsimile and in writing by regular mail addressed to Xxxxxx's address shown on Page (1) one of this Agreement within forty-eight (48) hours after receipt of the Equipment.
Order Delivery. 10.1 The Buyers shall place the Orders directly with the Supplier or the relevant Supplier Affiliate. Each Order shall state the quantity of Products and the delivery date and place of delivery therefor, provided that the delivery date of Orders of Bio-PET produced from the output of the Pioneer Plant must be coordinated with the timing of the batch campaign schedule of the Associated PET Supply Chain.
10.2 This Agreement, including the terms of Appendix 2 and the Technical Specifications, shall apply automatically to all Orders. The Supplier or the relevant Supplier Affiliate shall deliver the Products to the Buyers in compliance with the terms and conditions of this Agreement and the relevant Orders.
10.3 The Supplier or the relevant Supplier Affiliate shall acknowledge receipt of and confirm (provided such Order is consistent with the terms of this Agreement) each Order within ten (10) Business Days after receipt thereof
10.4 Without prejudice to any rights or remedies of Pepsi hereunder, the Supplier or the relevant Supplier Affiliate shall inform Pepsi of any issue or circumstance which might impact the Supplier’s or such Supplier Affiliate’s timely fulfilment of any Order, promptly after obtaining knowledge of such issue or circumstance; provided that for the avoidance of doubt, the foregoing shall not excuse delayed fulfilment of any Order.
10.5 Subject to Article 10.1, the Supplier or the relevant Supplier Affiliate shall deliver the Products in compliance with the terms of the applicable Order, including the applicable delivery date. Upon request by Pepsi, the Supplier or the relevant Supplier Affiliate shall use its best efforts to deliver the Products within a shorter lead time in case of urgency.
10.6 [RESERVED]
10.7 If the Buyer receives any Products that it deems to be non-conforming, or the Supplier or any Supplier Affiliate is unable or fails to meet the quantity requirements in a timely manner for any Order (provided such Order is otherwise consistent with the terms of this Agreement), then the following will apply:
10.7.1 If the non-conforming Product is, or the Order for which the quantity requirements are not met in a timely manner is for, Bio-PET from the Pioneer Plant (i) Supplier and Pepsi shall review and discuss in good faith the underlying circumstances and any possible remedy; and (ii) Supplier shall promptly commence such remediation in accordance with the provisions and schedule set forth in Article 19.3
Order Delivery. 4.1. Each Purchase Order for Omeprazole shall specify the quantity of Omeprazole ordered and the required delivery date and destination, consistent with the terms of this Agreement. Such delivery dates are "on dock" at SANTARUS' designated facility for such delivery. Deliveries must be made on normal business days of the designated facility unless otherwise coordinated.
4.2. Subject to any agreement between SANTARUS and INTERCHEM and UQUIFA to the contrary, all orders shall be dispatched by UQUIFA to INTERCHEM, and INTERCHEM shall make all necessary shipping arrangements to SANTARUS' designated facility. Freight terms shall be as set forth in Schedule C.
4.3. INTERCHEM and UQUIFA shall deliver the complete order amounts on the delivery date specified in the Purchase Order. Following receipt of any Omeprazole from UQUIFA, INTERCHEM shall be responsible for the warehousing of the Omeprazole in *** Portions of this page have been omitted pursuant to a request for Confidential Treatment and filed separately with the Commission.
Order Delivery. MSL UK LTD shall ensure the timely delivery of Client Orders placed through the Client's e- commerce store to the respective end clients ("Clients") within the territory of the United Kingdom, unless otherwise agreed between the Parties as per the terms outlined in Schedule 3.
Order Delivery. (a) The terms and conditions of this Agreement will apply for all orders (each a “Purchase Order”) for Products issued by C&C to Cree during the Term to the exclusion of any additional or different terms and conditions included or referenced in any order or confirmation documents issued by either Party (which additional or different terms and conditions are hereby rejected by the receiving Party). Unless otherwise agreed by the Parties, each Purchase Order will be for the [****] in a Fiscal Quarter, shall request deliveries [****] or upon such schedule as is mutually agreed upon by the Parties, and will be submitted to Cree no later than [****] days prior to the [****] of the Fiscal Quarter. As used in this Agreement, “Fiscal Year” (or “FY”) refers to the fifty-two (52)-week period beginning on the day immediately following the last day of the preceding Fiscal Year (which date is publicly available from Cree’s filings with the Securities and Exchange Commission) and ending on the last Sunday in June, and “Fiscal Quarter” refers to the thirteen (13)-week period beginning on the day immediately following the last day of the preceding Fiscal Quarter and ending on the thirteenth (13th) Sunday thereafter, where the first Fiscal Quarter of a Fiscal Year commences on the first day of such Fiscal Year. Every four or five years, Cree’s Fiscal Year will include fifty-three (53) weeks in order for the period to end on the last Sunday in June. In such years, one Fiscal Quarter will have fourteen (14) weeks. If such a Fiscal Year falls within the Term of this Agreement, Cree will advise C&C in advance of the Fiscal Quarter that will include fourteen (14) weeks.
(b) Within [****] days after the receipt of a Purchase Order, Cree will provide C&C written notice of acceptance (by issuance of a written order confirmation) if it can accept the Purchase Order as submitted. If Cree is unable to accept the Purchase Order as submitted, Cree will contact C&C and propose alternative quantities, sizes of Products, and/or delivery schedule. If C&C agrees with the alternative quantities, sizes of Products, and/or delivery schedule, it will issue a new Purchase Order reflecting such mutually-agreed upon terms for acceptance by Cree, and Cree will promptly accept such Purchase Order. No Purchase Order shall be deemed to be accepted unless and until Cree issues a written order confirmation. Once accepted by Cree, Purchase Orders shall be non-cancellable and non-reschedulable except as o...
Order Delivery. Delivery of the Cloud Data Service occurs when NetApp makes the enabling key or access credentials available electronically via e-mail or otherwise to Customer or, if an enabling key is not required, when NetApp makes such Cloud Data Service available for use electronically via e-mail or otherwise by Customer.
Order Delivery. Within 2 (Two) months from the date of receipt of the license fee: • The Company is obliged to upload the logo and color scheme provided by the User within 2 (two) weeks from the date of signing the relevant agreement with the Company in the WHITE LABEL application; • The Company is obliged to grant the right to use the Application to the User by placing the Application in the Apple App Store and/or Google Play.
Order Delivery. 5.1 Each Purchase Order for API Mixture shall specify the quantity of API Mixture ordered and the required delivery date and destination, consistent with the terms of this Agreement. Such delivery dates are “on dock” at the Facility. Deliveries must be made on normal business days of the Facility unless otherwise coordinated between the Parties.
5.2 Delivery of API Mixture shall be EXW (Incoterms 2010) the Facility. Ercros shall arrange for shipping of the API Mixture, with a carrier designated by Zavante, in the manner customarily arranged for its own products from the point of manufacture to the destination specified by Zavante. Ercros shall promptly notify Zavante of the expected delivery date of each order to enable receipt to be coordinated. Ercros shall arrange for export clearances and loading at the port of departure. Expenses for special packaging, export or customs agents, shall be included in Ercros’ invoice and paid by Zavante. Zavante shall arrange for insurance from the Facility to the ultimate destination and import customs clearances at the destination country. Zavante shall be responsible for all loading charges, freight, insurance, import customs clearances, export, special packaging, and other shipping expenses from the Facility to the ultimate destination. Title to the API Mixture and risk of loss, delay or damage in transit for API Mixture purchased by Zavante shall pass to Zavante when a shipment of the Product is placed at the disposal of Zavante’s carrier at the Facility.
5.3 Each shipment of API Mixture shall include certificates of analysis and compliance, which include, without limitation, a statement of compliance with cGMP, and such other documentation and information as may be necessary or desirable for complying with import, export and customs laws, regulations and requirements as applicable.
Order Delivery. For all Material(s) ordered, SELLER shall whenever possible indicate at least the delivery schedule of such Material(s). In the event SELLER fails to deliver such Material, SELLER shall reimburse the full amount of any advance payment made by BUYER within sixty (60) working days.