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. (a) On or before the twentieth day of each calendar month, Hardxx shall deliver to Republic its orders for the next succeeding month specifying the grade, quantity, requested shipment date or dates and destination of the Products being ordered. Orders for Products, unless rightfully rejected when permitted under commercially reasonable standards to be rejected hereunder, will be confirmed by Republic's written acknowledgment (by fax or otherwise), within five (5) business days after each order is placed. All orders and all acknowledgments shall be on the forms attached hereto as Exhibit D and Exhibit E, respectively. Republic may reject any orders that are not on the form attached hereto as Exhibit D or that add any terms thereto. Hardxx xxx reject any acknowledgments that are not on the form attached hereto as Exhibit E or that add any terms thereto.
(b) Shipments of Products shall be routed as determined by Hardxx. Hardxx xxxll arrange for delivery of Products and shall notify Republic of its delivery arrangements at the time Hardxx xxxces an order for Products with Republic. Title to the Products sold hereunder shall pass from Republic to Hardxx xxxn placed F.O.B. the carrier at the Shipping Mill, and Republic shall thereafter be released from all responsibility and liability for any loss of, or damage to, the Products in transit or delivery to Hardxx and shall have no responsibility or liability for any delay in delivery, provided that the Products have been properly prepared for shipment and properly delivered F.O.B. the carrier at the Shipping Mill. All shipping and insurance costs shall be at Hardxx'x xxxense.
(c) Commencing on October 1, 2000 and at all times thereafter, Republic shall maintain a minimum emergency product inventory of *** tons, meeting Hardxx'x xxxduct specifications as set forth in Exhibit C hereto, in an approximate ratio of sixty percent (60%) Creamface and forty percent (40%) Grayback, *** and which inventory will be maintained at the Project Gazelle Mill and will be paid for as ordered by Hardxx, xx accordance with the provisions of Paragraph 8 below.
Orders and Shipment. 3.1. Acceptance of Customer proposed changes to a Confirmed Purchase Orders 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 one million US dollars ($1,000,000) and one and a half million US dollars ($1,500,000) 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 fifty-one thousand US dollars ($51,000) 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. (a) HDG shall use its best efforts to produce and to ship all approved orders of Products in a timely manner and, whenever commercially practical, within 45 days of the date an order is accepted. Orders shall be accepted by HDG only on the terms and conditions agreed to by HDG and in accordance with the procedures established by HDG for the review, acceptance and processing of such orders, the approval of which will not be unreasonably withheld.
(b) All shipments of Products shall be EX-WORKS HDG's facilities in Los Angeles, California USA, unless agreed to otherwise by HDG and Distributor.
(c) All claims for damage, delay or shortage during transit shall be made directly against the carrier by the Distributor. The Distributor shall inspect all shipments of Products upon receipt, and shall notify HDG of any damage or shortage within ten (10) days of receipt of such shipment by the ultimate customer of Distributor. Failure to so notify HDG shall constitute acceptance by the Distributor, thereby relieving HDG of all liability for damages or shortages.
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. 5.1 Group Purchaser Orders. Reseller will order the Program for Group Purchasers by submitting to Posit by fax or hard copy the appropriate, signed group license agreement for a Group Purchaser. The initial form of group license agreement for School Purchasers is attached to this Agreement as Exhibit C and Posit will provide other forms of the license agreement on request. Posit may change the form of license agreement from time to time by providing 30 days notice of such changes to Reseller. Posit will ship the Program directly to the Group Purchaser upon Posit’s review and approval of the order.
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.
Orders and Shipment. Distributor shall submit purchase orders to Company from time-to-time. Each purchase order shall specify the number of Cartons required per Country and the requested delivery date, which date shall be no less than thirty (30) days after the date of the purchase order (each a “Firm Order”). Distributor shall pay fifty (50) percent of the price for each delivery of Products on the date of the purchase order and shall effect payment of the balance 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, provide 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 Panama City, Panama. Title to and risk of loss of Product supplied hereunder shall pass to Distributor upon delivery.
Orders and Shipment. Following the initial order by Ferring for commercial -------------------- sale, orders for the Product will be placed by Ferring at six month intervals. All orders for the Product will be initiated by a purchase order sent to Medi- Ject by Ferring, it being understood that the terms of this Agreement take precedence over any terms contained in any purchase order. All orders within the current forecast will be deemed accepted by Medi-Ject upon receipt. For orders in excess of the forecast, any order not rejected by Medi-Ject within thirty days of receipt will be deemed accepted. Accepted orders will be shipped within ninety days after receipt or by the shipment request date set forth in the purchase order, whichever is later.
