PACKING AND SHIPPING a. Seller shall pack the goods and materials to prevent damage and deterioration. Unless otherwise set forth in this Contract, Seller shall package the goods in accordance with the requirements of Boeing Document D37522-6 “Supplier Packaging”. Buyer may charge Seller for damage to or deterioration of any goods resulting from improper packing or packaging.
b. If the Contract specifies FOB destination (place of delivery), then in addition to any other shipping instructions, Seller shall forward goods freight prepaid. Seller shall make the transportation arrangements, pay the shipping costs, and remain responsible for the goods and materials until the goods and materials are delivered and the Buyer takes possession at the destination.
c. If the Contract specifies FOB origin (place of shipment), then in addition to any other shipping instructions, Seller shall forward goods collect. For goods shipped within the United States, Seller shall make no declaration concerning the value of the goods shipped except on goods where the tariff rating is dependent upon released or declared value. In such event, Seller shall release or declare such value at the maximum value within the lowest rating. Seller will ship the goods in accordance with the provisions set forth in the Boeing Domestic Shipment Routing Guide to be accessed through Buyer’s supplier portal at xxxxx://xxxxxx.xxxxxxx.xxx/. Sellers need a One Time Password (OTP) token to log into the Boeing Supplier Portal. Upon Xxxxx’s request, Seller will identify packaging charges showing material and labor costs for container fabrication.
d. Seller shall provide with each container shipped under this Contract an Advanced Shipping Notice (“ASN”). For each container shipped, Seller shall provide two (2) readable copies of the ASN barcode as follows: one (1) copy is to be securely affixed to the outside of each container and one (1) copy is to be loose inside each container. Non- conforming shipments are subject to rejection and repackaging at Seller’s expense. Instructions and guidelines related to the ASN process can be found on the Boeing Supplier Portal. Seller shall access by selecting the “Enterprise ASN Instructions” hyper-link under the header “Exostar Resources”. A copy of these instructions can also be found at xxx.xxxxxxx.xxx.
CLOSING AND POSSESSION (a) Closing shall be held within 10 days after Seller’s abstracting obligations under this Agreement have been met at the offices of Xxxxxx Law Firm or at such other place as may be mutually agreed upon by Seller and Buyer.
(b) At closing Seller shall deliver to Buyer, in addition to any other items required under this Agreement, the following: (i) a special warranty deed conveying marketable title to the Property to Buyer, free and clear of all liens, charges and encumbrances, except taxes and assessments required to be paid by Buyer and subject to the matters permitted by this Agreement, (ii) a closing statement, executed by Seller, and (iii) such other documents as may be reasonably and customarily required in connection with the transaction contemplated by this Agreement, each executed and acknowledged as applicable by Seller.
(c) At closing Buyer shall deliver to Seller, in addition to any other items required under this Agreement, the following: (i) the unpaid balance of the Purchase Price, plus any closing adjustments in favor of Seller, minus any closing adjustments in favor of Buyer, (ii) a closing statement, duly executed by Xxxxx, and (iii) such other documents as may be reasonably and customarily required in connection with the transaction contemplated by this Agreement, each executed and acknowledged as applicable by Buyer.
(d) Possession of the Property, subject to the matters stated in this Agreement, shall be delivered by Seller to Buyer upon the completion of closing.
Training and Orientation (a) No employee shall be required to work on any job or operate any piece of equipment until they have received proper training and instruction.
(b) The Employer shall provide sufficient and adequate training and/or orientation to any employee working in a new or unfamiliar work area or position.
Uncovering and Correction of Work 12.1 The Contractor shall promptly correct Work rejected by the Owner or failing to conform to the requirements of the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed or completed, and shall correct any Work found to be not in accordance with the requirements of the Contract Documents within a period of two years from the date of Substantial Completion, or by terms of an applicable special warranty required by the Contract Documents. The provisions of this Article apply to work done by Subcontractors as well as to Work done by direct employees of the Contractor.
12.2 At any time during the progress of the work, or in any case where the nature of the defects shall be such that it is not expedient to have them corrected, the Owner, at their option, shall have the right to deduct such sum, or sums, of money from the amount of the contract as they consider justified to adjust the difference in value between the defective work and that required under contract including any damage to the structure.
Packing and Marking By supplier
