Orders and Shipment Sample Clauses

Orders and Shipment. In placing orders with the Supplier, the Distributor shall clearly describe the Products of Supplier and quantity required, and shall include precise instruction for packing, invoicing and shipping. The orders shall not be binding unless and until they are in compliance with Articles 4 and 5.

Orders and Shipment. 3.1. Acceptance of Customer proposed changes to a Confirmed Purchase Order shall be at Repligen’s sole discretion. Confirmed Purchase Orders may not be cancelled, and delivery times may not be delayed more than thirty (30) days. Products may be returned only for warranty related issues and only with the express prior written authorization of Repligen. Custom Products are not returnable. Orders are not assignable or transferable, in whole or in part, without the express prior written consent of Repligen. 3.2. Repligen will use reasonable efforts to ship Products or perform Services in accordance with the requested delivery date indicated on Customer’s purchase order; however, such dates are estimates only and are non- binding. Repligen shall not be liable for any losses or damages arising out of delays in delivery or performance. 3.3. Shipment of all Products from and within the United States will be FCA origin (Incoterms 2020) or as set forth in the applicable Confirmed Purchase Order. Shipment of all Products from and within Europe and the United Kingdom will be FCA Breda (Incoterms 2020) or as set forth in the applicable Confirmed Purchase Order. Delivery of Products to the carrier will be deemed satisfactory delivery, and title and risk of loss of Products will pass to Customer upon placement with the carrier. All shipment costs will be paid by Customer. Shipment will be by air freight unless otherwise mutually agreed. Products shipped with dry ice are subject to a handling charge, which is prepaid by Repligen and added to the invoice. Customer shall provide Customer’s customs broker information to Repligen prior to shipment. In the event Customer does not have a customs broker, Repligen may, in its discretion, assist Customer with identifying a customs broker to advance clearance of the shipment through customs, but shall have no liability related to the identification of or performance by such customs brokers. 3.4. Unless otherwise agreed to by the parties that a “Complete Shipment” is required, Repligen may, in its sole discretion, without liability or penalty, make partial shipments of Product to Customer. Each shipment will constitute a separate sale, and Customer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Customer's purchase order.

Orders and Shipment. On the Effective Date, Distributor shall place a purchase order for between [CONFIDENTIAL] US dollars ($[CONFIDENTIAL]) and [CONFIDENTIAL] US dollars ($[CONFIDENTIAL]) of Product, which the parties intend shall satisfy Distributor’s requirements for Product in 2013 and January 2014. On the Effective Date, Distributor shall pay Company [CONFIDENTIAL] to purchase the API for the Product for such purchase order. Distributor shall pay the balance of such purchase order upon receipt of Regulatory Approval for the Product in Nigeria and Companyshall ship the Product to Distributor upon receipt of such payment. Thereafter, Distributor shall submit purchase orders to Company from time to time, provided that each month Distributor places orders for at least the amount of the Firm Order for such month. Each purchase order shall specify the number of Cartons required per Country and the requested delivery date, which date shall be no more than ninety (90) days and no less than thirty (30) days after the date of the purchase order. Distributor shall pay fifty (50) percent of the price for each delivery of Products within five (5) days of the date of Company’s invoice issued pursuant to Section 5.4 and shall effect payment of the balance, after deducting an amount equal to the fees payable to Distributor with respect to such Products under Section 3.15, not later than ten (10) days prior to the requested delivery date thereof as specified in the applicable purchase order. In any month, Distributor may place orders for more Product than is set out in the Firm Order for such month, provided that Company may reject any purchase orders in excess of ten (10) percent or more of the Firm Order for the applicable month. Products shall not be shipped prior to receipt of payment by Company. If full payment is not received at least ten (10) days prior to the requested delivery date thereof as specified in each purchase order, such purchase order shall be considered cancelled. Products shall be delivered CIP (Incoterms 2010) to a location directed by the Distributor. Title to and risk of loss of Product supplied hereunder shall pass to Distributor upon delivery.

Orders and Shipment. Supplier shall electronically confirm acceptance of the Purchase Order within 24 hours of electronic receipt thereof. Supplier shall properly pack and ship any Goods and provide Company with shipment documentation showing the Purchase Order number, Supplier’s identification number for the subject Goods, the quantity of Goods in shipment, the number of cartons or containers in shipment, Supplier’s name, and any other relevant information. Supplier shall ship the Goods according to the terms specified on the Purchase Order. All prices are FOB the delivery location. If Supplier fails to ship the Goods within the shipment period specified on the Purchase Order, Company may cancel the portion of the Purchase Order for which timely shipment has not been made or elect to accept late shipment on terms mutually agreed with Supplier, in each case in Company’s sole discretion. Company may cancel any Purchase Order at any time upon notice to Supplier and, upon such notice of cancellation, Supplier shall stop work under such Purchase Order. Company shall only pay for the work completed prior to the writ‐ ten notice and Company shall be entitled to any and all partial Goods produced as a result of such com‐ pleted work.

Orders and Shipment. RESELLER shall order Products using the Myomo Order Form in Exhibit B and shall pay the wholesale prices as listed in Exhibit C. The RESELLER shall take ownership of the Products when they have been shipped and invoiced to RESELLER’S Customer. RESELLER shall pay all freight, insurance, and any other charge associated with shipment of the Products. Custom-fabricated Products will be fabricated at a Myomo-approved Central Fabrication Facility to ensure high quality. Myomo shall make best efforts to deliver to RESELLER Customers’ Product within two (2) weeks from receipt of order provided that Myomo receives a forecast from Reseller within 90 days from the end of the quarter during the Term.

Orders and Shipment a. All shipping dates are approximate and are based upon Company's prompt receipt of all necessary information from Distributor to properly process each order. Except as provided in Section 5(e), the Company shall use its good faith efforts to ship any Product in response to any orders received from the Distributor by the method agreed to in writing by the parties within the same delivery schedule as is generally available to customers for any Product outside the United States, plus a reasonable time allowance for greater shipping distances; provided however, that no order placed by the distributor shall be binding upon the Company until and unless the Company acknowledges such order by first class air mail letter, express mail, facsimile, or telex; and provided further that the Company shall not be responsible for delays caused by events outside of its control. Such events may include, but are not limited to strikes, fires, floods, unavailability of materials, discontinuance of a particular model of any Product and inability to obtain or maintain necessary patents, copyrights or licenses. Except as provided in Section 6(e), if the Distributor should cancel any order more than two weeks after the acknowledgement thereof by the Company, it shall reimburse the Company, as liquidated damages (which the parties hereto agree to be a genuine pre-estimate of the Company's loss) for such cancellation, an amount equal to the percentage of completion of any Product multiplied by its then existing list price. b. Any Product sold to the Distributor shall be packaged by the Company in outer containers of such export packing type as shall be required to conform to carrier insurance requirements and to ensure under normal handling the delivery of any Product to the Distributor or its consignee. Shipping and packaging costs shall be borne by the Distributor. The Distributor shall perform all functions necessary to comply with any import regulations and shall pay any applicable duty, tax or other charge relating to any such shipment. c. All sales of any Product made by the Company to the Distributor pursuant to this Agreement will be made F.O.B. (as defined in ICC Incoterms, 1990) the Company's plant to such destinations within the Territory as the Distributor may direct, and in each case risk of loss, damage or deterioration of any Product will pass to the Distributor or its consignee at the time of placement on board a carrier at the Company's plant. Title to any Product...

Orders and Shipment. The Project or ether Joint Venturer shall place orders for products with each other on their standard order form setting forth the name and address of each Customer. No order shall be binding unless acknowledged and accepted in writing by the receiving party. Each Joint Venturer shall confirm its acceptance or rejection of an order within five (5) days after its actual receipt of such order. The terms and conditions of this Agreement, as set forth herein, shall prevail over any inconsistent or additional terms set forth in Reseller's order.

Orders and Shipment. 2.01 Distributor may place orders through its subsidiary SEOCAL, 000 Xxxxxx Xxxxxx, Xxxx Xxxx, XX 00000-0000 for the Products with Manufacturer. Distributor shall set forth the quantity of Products, the specifications therefor, and the desired delivery date. Manufacturer, after its acceptance of the purchase order, shall sell the Products to Distributor for resale in the Territory. Manufacturers subsidiary (Nippon Novellus) shall place orders directly with Manufacturer without involvement of Distributor. 2.02 The products sold to Distributor by Manufacturer shall be shipped FOB Destination to the destination in the territory designated in the purchase order ("Destination") (i. e., title shall pass at Destination), unless otherwise agreed to by the parties. Manufacturer shall bear risk of loss for the products until delivery to Distributor at Destination. Manufacturer will pay all freight charges to Destination and invoice such charges to Distributor, however Distributor's subsidiary SEOCAL reserves the right to designate the freight company to be used by Manufacturer. Distributor will take delivery at Destination and be responsible for clearing the products through customs, and for all customs and other fees. The parties hereto agree to cooperate for purposes of obtaining all necessary export licenses and complying with U.S. export laws. 2.03 Manufacturer and Distributor agree that an order for Manufacturer's Product(s), that is designated as a Distributor's customer, can be accepted by Manufacturer from a customer in the Territory that is tied to a Volume Pricing Agreement negotiated by the Manufacturer. Manufacturer agrees to pay Distributor a sales commission of 5% and a service commission of 7% of the U.S. list price in lieu of Distributor acting in their normal distribution role, assuming Distributor has participated in the selling process and will be servicing the system during start up and the warranty period. 2.04 When Manufacturer's sales and marketing personnel assigned to its Japanese subsidiary perform the selling and servicing function at specifically identified accounts (see Exhibit "A") its subsidiary, Nippon Novellus, will xxxx directly to customers that which it sells and services. 2.05 Distributor agrees to service the Products sold by it, unless any of Distributor's accounts are transferred to Manufacturer, or Manufacturer's designee, by mutual agreement of the parties hereto. In addition, upon the mutual agreement of the parties hereto,...

Orders and Shipment. Ordering Activity may order Nuance Software and/or Support Services by issuing an Order to an Authorized Reseller. Unless rejected by Xxxxxx within a reasonable time after receipt by Nuance, Orders are deemed to have been accepted. Shipment of Nuance Software shall, at Nuance’s discretion, be via electronic delivery or shipment via media. If shipment is via media, shipment is governed by the terms of the relevant GSA Schedule 70 contract.

Orders and Shipment. Distributor shall place orders for the Products with Label on Distributor's standard purchase order form setting forth the quantity of the Products ordered (as mutually determined by Label and Distributor), the specifications therefor, the method and manner of delivery and the desired delivery date. The Products sold to Distributor by Label shall be shipped F.O.B. from Label's plant to the destination in the Territory designated by Distributor. Label shall pay all freight, insurance, duty, and customs, and any other charges associated with shipment of the Products to Distributor's designated warehouse facilities. Label will ship the Products to Distributor in final wrapped packaged containers with all necessary bar coding and in such manner as Distributor reasonably determines is appropriate consistent with industry standards.