Orders and Shipping. We have no obligation to accept Purchase Orders, including without limitation Purchase Orders for renewal of Support Services. Any fulfillment of Purchase Orders shall be solely in accordance with the terms of this Agreement and We expressly reject any conflicting terms and conditions in Your Purchase Order. Products and Documentation are shipped FOB origin, Our site. Delivery will be by electronic or physical means, at Our election, and all Products shall be deemed accepted by You immediately upon the earlier of download or receipt from Us.
Orders and Shipping. 5.1 Upon receipt of an order by Distributor, Macromedia shall use reasonable efforts to deliver such order to Distributor within ten (10) days of the date of such order. Orders shall be shipped F.O.B. Macromedia in accordance with the Ixxxxx Micro Inc. Vendor Routing Guide, as set forth in Exhibit D, which may be amended by Distributor from time to time. Distributor shall use its best efforts in placing orders at least four (4) weeks in advance of the requested ship date. Macromedia requests that orders be placed at least four (4) weeks in advance of the requested date for shipment but in no event shall any order be placed more than ninety (90) days in advance of the requested ship date. All risk of loss or damage to the Products will pass to Distributor upon delivery by Macromedia to the carrier, freight forwarder, or Distributor, whichever occurs first. Macromedia shall ship orders to Distributor at least as promptly as Macromedia ships any other orders received at or about the same time. Should orders for Products exceed Macromedia’s available inventory, Macromedia may allocate its available inventory and make deliveries on a basis Macromedia deems equitable, in its sole discretion, and without liability to Distributor on account of the method of allocation chosen or its implementation. In any event, Macromedia will not be liable for any damages, direct, consequential, special or otherwise, to Distributor or to any other person for failure to deliver or for any delay or error in delivery of Products.
5.2 Distributor shall be required to purchase a quarterly minimum in the amounts set forth in Exhibit B. All orders for Products shall be subject to the minimum order quantity set forth in Exhibit B, and Distributor must maintain inventory equal in value to the average of the preceding four week’s sale of Product, or as may otherwise be agreed with Macromedia. Domestic Distribution Agreement Ixxxxx Micro (11/25/98)
5.3 Macromedia reserves the right to cancel any orders placed by Distributor and accepted by Macromedia or to refuse or delay shipment thereof, if Distributor (i) fails to make any payment as provided in this Agreement or under the terms of payment set forth in any invoice or otherwise agreed to by Macromedia and Distributor, (ii) fails to meet reasonable credit or financial requirements established by Macromedia, including any limitations on allowable credit, or (iii) otherwise fails to comply with the terms and conditions of this Agreement. No ...
Orders and Shipping. (a) Order Placement and Allocation. Distributor shall place all orders for the Products with Supplier in writing on a weekly basis (the "Purchase Orders"). Supplier shall use commercially reasonable efforts to ship the Products on the Purchase Orders to Distributor within thirty (30) days of the date of the Purchase Order. Distributor shall provide to Supplier monthly an estimate of Products to be required for the following three months. In the event an order (prorated from a weekly basis to a monthly basis) is in excess of 20% above the budgeted order amount, then Supplier shall not be required to fulfill such excess above 20% within such 30-day period but shall use commercially reasonable efforts to ship the excess Products as soon as practicable.
(b) Title and Risk of Loss. All Products shall be shipped C.I.F. to the Distributor at such location designated by Distributor or such other location as Distributor may notify Supplier of from time to time. Supplier shall pay all costs associated with shipping the Products to Distributor, including, without limitation, freight costs, license fees and taxes. Distributor shall pay any applicable customs duties and United States freight handling charges.
(c) Incorrect or Erroneous Shipment. In the event the Products shipped to Distributor do not conform to the Purchase Order, Supplier shall correct any such errors at no cost to Distributor within ten (10) days written notice by Distributor of such error.
Orders and Shipping. From time to time, Netcentives shall deliver orders ------------------- to XXX via secure e-mail. Such orders shall include, without limitation, the name and quantity of the Product to be shipped, and the name and shipping address of the consumer to whom the Product should be shipped. XXX shall use best efforts to deliver or cause the applicable Manufacturer to deliver, the applicable Product to the consumer named in such orders at the shipping address provided by Netcentives, within seven (7) days of receipt of Netcentives' order.
Orders and Shipping. Any sales order or communication that is deemed as an order shall be processed, shipped and billed according to the standard order timeline for Drop-ship type orders. Standard ship time for orders are 24-72 hours unless otherwise agreed upon. Billing will made according to the orders received.
Orders and Shipping. 7.1 Upon acceptance of your order, NM Beauty Industries B.V. will confirm receipt of acceptance of the offer by electronic means. If you have provided any incorrect or inaccurate information, NM Beauty Industries B.V. will have the right to suspend its obligations until the correct data has been received. Products will be delivered to the shipping company you selected during the ordering process and the shipping company will be responsible to deliver the Products to you. You hereby authorize NM Beauty Industries B.V. to engage the shipping company and other third parties in the fulfillment of its obligations to deliver Products to you. ANY TERMS OR CONDITIONS STATED BY YOU IN YOUR ORDER THAT PURPORT TO AMEND, MODIF Y, ALTER, OR SUPPLEMENT THESE TERMS & CONDITIONS ARE HEREBY REJECTED AND WILL BE OF NO FORCE OR EFFECT UNLESS SIGNED AND AGREED TO BY AN OFFICER OF NM BEAUTY INDUSTRIES B.V.
7.2 Any estimated arrival or delivery date provided by NM Beauty Industries B.V. is not a guarantee. Although NM Beauty Industries B.V. will make reasonable effort to meet estimated dates, delivery of the Product may take more or less time than estimated and NM Beauty Industries B.V. disclaims any loss, damage, or injury resulting from a delay in arrival or delivery. If NM Beauty Industries B.V. is unable to deliver the Products within thirty (30) days after it confirms acceptance of the order, it will notify you accordingly. In such event, you have the right to either agree to a new delivery date or to cancel your purchase without incurring any costs, and you will receive a refund for any Products paid for but not received. You are advised to inspect the Products upon receipt and to report any defects within two (2) business days after delivery, in writing or by email.
Orders and Shipping. On a regular, mutually agreed upon schedule, Netcentives shall deliver orders to SUPPLIER in a format to be mutually agreed upon by the parties, as described in Exhibit A. Such orders shall include, without limitation, the name and quantity of the Product to be shipped, and the name and shipping address of the consumer to whom the Product should be shipped. SUPPLIER agrees to ship, or cause the applicable Manufacturer to ship, the applicable Product to the consumer named in such orders at the shipping address provided by Netcentives, within three (3) business days of receipt of Netcentives' order. SUPPLIER agrees to send a confirmation email to the consumer when the order is shipped, as outlined in Exhibit A. SUPPLIER also agrees to send a response file to Netcentives as outlined in Exhibit A indicating successfully shipped orders and errors.
Orders and Shipping. 4.1 Digene shall submit orders at least forty-five (45) days prior to the requested delivery dates on a purchase order referencing this Agreement. Digene shall purchase at least the Minimum Annual Purchase amounts per fiscal year as set forth in Schedule A hereto.
4.2 Applied Biosystems may specify a different ship date by written notice within seven (7) days after receipt of an order but otherwise will use commercially reasonable efforts to ship orders by the requested date. Shipments shall be in accordance with Digene’s instructions, but unless other written instructions are provided by Digene, Applied Biosystems will select the common carrier and shall prepay freight, insurance, and other reasonable and customary or necessary charges and invoice them to Digene. All Product will be properly packed. Applied Biosystems shall make reasonable efforts, but not be required to ship Product earlier than forty-five (45) days after receipt of a purchase order.
4.3 The terms and provisions herein shall govern all orders and purchases notwithstanding any inconsistent or additional terms on purchase orders or other sales documents and forms, which inconsistent or additional terms shall have no force or effect whatsoever as between the parties even if Applied Biosystems might be deemed to have accepted same by reason of its execution or acknowledgment thereof.
4.4 In the event Applied Biosystems is unable to supply Product to Digene or determines that it is unable to do so and such failure to supply continues for a period of four (4) consecutive months during the term of this Agreement, thereafter, subject to the terms and conditions of this Section 4.4, Digene shall have the right to manufacture Product during such time as Applied Biosystems is unable to supply Product to Digene.
Orders and Shipping. 5.1 Upon receipt of an order by Distributor, NetFabric shall use reasonable efforts to deliver such order to Distributor within ten (10) days of the date of such order. Orders shall be shipped F.O.
Orders and Shipping. (1) All orders by Distributor for Products shall be sent by facsimile, or EDI to Manufacturer at its offices specified above. All orders shall be verified by Manufacturer by return facsimile or email within 72 hours of receipt. Verification shall specify the expected shipping date as well as any back ordered Products. Manufacturer will ship available Products within 72 hours of receipt of a purchase order.
(2) Manufacturer will pay all costs related to the transportation of the Products and any related materials to Distributor’s warehouse in Mississauga, Ontario, including without limitation, costs of transportation, terminal fees, duties and tariffs. Distributor shall pay all similar costs related to Product returns by Distributor.
(3) Title and risk of loss with respect to a shipment of Products shall pass to Distributor once such shipment of Products is unloaded, and verified as correct, at Distributor’s warehouse in Mississauga, Ontario.
