Common use of PACKING AND SHIPMENT Clause in Contracts

PACKING AND SHIPMENT. A. All Items shall be prepared for shipment in a manner that, (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Supplier shall xxxx all containers with necessary lifting, handling and shipping information, Purchase Order number, date of shipment, and the names of the Buyer and Supplier. Buyer shall notify Supplier of the method of shipment and expected delivery date. If no instructions are given, Supplier shall select the most cost effective carrier, given the time constraints known to Supplier. Subject to Paragraph 7(C), Supplier shall ship only the quantity of Items specified in the Release. Buyer may return at Supplier’s expense any Items in excess of the quantity stated in the Release or retain such Items, as instructed by Buyer. B. As directed by Buyer, freight shall be either managed by Supplier or Buyer in accordance with the following terms and conditions: (i) For Supplier Managed Freight: Seller agrees that all Items shall be shipped Free Carrier, Seller’s Dock (FCA: Seller’s Dock, Inco terms 2000). Buyer shall notify Seller of the method of shipment. If no instructions are given, Seller shall select the most cost effective carrier based upon Buyer’s required delivery date. (ii) For Buyer Managed Freight: All items shall be shipped Free Carrier, Supplier’s designated factory dock or distribution center dock (FCA: Supplier’s designated factory dock or distribution center dock, Inco terms 2000). Risk of loss shall pass to Buyer upon delivery of items to Buyer’s agent at the shipping point. C. Hazardous Materials Freight: Notwithstanding anything contained in Section 10.B. to the contrary, and regardless of the freight terms listed on any Purchase Order, all Items that are Hazardous Materials/Dangerous Goods and are regulated in transportation by international, federal, state or local law shall be shipped Delivered Duty Paid, Buyer’s Dock (DDP: Buyer’s Point of Use; Inco terms 2000) for non free trade zone factory sites or Delivered Duty Unpaid, Buyer’s Dock (DDU: Buyer’s point of use, Inco terms 2000) for free trade zone factory sales. Title and risk of loss shall pass to Buyer upon delivery of Items to Buyer’s point of use at the Buyer factory site designated in the Release.

PACKING AND SHIPMENT. A. All Items shall be prepared for shipment in a manner that, : (i) follows follow good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Supplier shall xxxx all containers with necessary lifting, handling handling, unpacking and shipping information, Purchase Order number, date of shipment, and the names of the Buyer and Supplier. Buyer shall notify Supplier of the method of shipment and expected delivery date. If no instructions are given, Supplier shall select the most cost effective carrier, given the time constraints known to Supplier. Subject to Paragraph 7(C), Supplier shall ship only the quantity of Items specified in the Release. Buyer may return at Supplier’s expense any Items in excess of the quantity stated in the Release or retain such ItemsRelease. If Supplier misses a commitment to lead-time, as instructed by BuyerSupplier will pay overnight freight charges to get Items expedited to the Buyer and Buyer shall not be billed for higher freight costs. Supplier may choose premium carrier at its discretion. B. As directed by Buyer, freight shall be either managed by Supplier or Buyer in accordance with the following terms and conditions: (i) For Supplier Managed Freight: Seller agrees that all Items shall be shipped Free Carrier, Seller’s Dock (FCA: Seller’s Dock, Inco terms 2000). Buyer shall notify Seller of the method of shipment. If no instructions are given, Seller shall select the most cost effective carrier based upon Buyer’s required delivery date. (ii) For Buyer Managed Freight: All items shall be shipped Free Carrier, Supplier’s designated factory dock or distribution center dock (FCA: Supplier’s designated factory dock or distribution center dock, Inco terms 2000). Risk of loss shall pass to Buyer upon delivery of items to Buyer’s agent at the shipping point.[***] C. Hazardous Materials Freight: Notwithstanding anything contained in Section 10.B. 13.B. to the contrary, and regardless of the freight terms listed on any Purchase Order, all Items that are Hazardous Materials/Dangerous Goods Materials and are regulated in transportation by international, federal, state or local law shall be shipped Delivered Duty Paid[***]. D. [***] E. [***] F. If Buyer must deploy emergency, Buyersafety, or materials personnel in response to an emergency or incident of non-compliance with Suppler or regulatory procedure involving Items supplied hereunder, the Parties agree that they shall review the facts of the incident(s) promptly and in good faith to determine (1) whether the deployment was necessary, and (2) whether the proximate cause of such emergency or non-compliance was Supplier’s Dock (DDP: Buyer’s Point of Use; Inco terms 2000) for non free trade zone factory sites acts or Delivered Duty Unpaid, Buyer’s Dock (DDU: Buyer’s point of use, Inco terms 2000) for free trade zone factory salesfailures to act. Title and risk of loss shall pass to Buyer upon delivery of Items to Buyer’s point of use at If the Buyer factory site designated Parties answer the above questions in the Releaseaffirmative, then Supplier shall reimburse Buyer for reasonable and actual costs incurred by Buyer in deploying personnel. This provision does not limit any other rights or remedies Buyer may have.

PACKING AND SHIPMENT. A. All Items a. Seller shall be prepared pack the materials to prevent damage and deterioration. Seller shall comply with carrier tariffs. Unless the Agreement specifies otherwise, the price includes shipping charges for shipment in a manner that, (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrivalmaterials sold F.O.B. destination. Supplier shall xxxx all containers with necessary lifting, handling and shipping information, Purchase Order number, date of shipment, and the names of the Buyer and Supplier. Buyer shall notify Supplier of the method of shipment and expected delivery date. If no instructions are given, Supplier shall select the most cost effective carrier, given the time constraints known to Supplier. Subject to Paragraph 7(C), Supplier shall ship only the quantity of Items Unless otherwise specified in the ReleaseAgreement, materials sold F.O.B. place of shipment shall be forwarded prepaid and shipping costs added to the invoice. Seller shall make no declaration concerning the value of the materials shipped except on the materials 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. Buyer may return at Supplier’s expense charge Seller for damage to or deterioration of any Items in excess of the quantity stated in the Release materials resulting from improper packing or retain such Items, as instructed by Buyerpackaging. B. As directed by Buyerb. Unless the Agreement specifies otherwise, freight shall be either managed by Supplier or Buyer Seller will ship the materials in accordance with the following terms and conditionsinstructions: i. Shipments by Seller or its subcontractors must include packing sheets containing the Agreement number, line item number, description and quantity of materials shipped, part number or size, if applicable, and appropriate evidence of inspections. A shipment containing hazardous and non- hazardous materials must have separate packing. Items shipped on the same day will be consolidated on one xxxx of lading or air xxxx unless Buyer’s Authorized Procurement Representative authorizes otherwise. The shipping documents will describe the material according to the applicable classification and/or tariff. The total number of shipping containers will be referenced on all shipping documents. Originals of all Government bills of lading will be surrendered to the origin carrier at the time of shipment. ii. Seller will not insure any F.O.B. origin shipment unless authorized by Buyer’s Authorized Procurement Representative. iii. Seller will label each shipping container with the Agreement number and the number that each container represents of the total number being shipped (i) For Supplier Managed Freight: Seller agrees that all Items shall be shipped Free Carriere.g., Seller’s Dock (FCA: Seller’s Dockbox 1 of 2, Inco terms 2000box 2 of 2). iv. Buyer shall notify Seller of the method of shipment. If no instructions are given, Seller shall will select the most cost effective carrier based upon and mode of transportation for all shipments where shipping costs will be charged to Buyer’s required delivery date. v. Seller will include copies of documentation supporting prepaid freight charges (ii) For Buyer Managed Freight: All items shall be shipped Free Carriere.g., Supplier’s designated factory dock carrier invoices or distribution center dock (FCA: Supplier’s designated factory dock or distribution center dockUPS shipping log/manifest), Inco terms 2000). Risk of loss shall pass to Buyer upon delivery of items to Buyer’s agent at the shipping pointif any, with its invoices. C. Hazardous Materials Freight: Notwithstanding anything contained in Section 10.B. to the contrary, and regardless of the freight terms listed on any Purchase Order, all Items that are Hazardous Materials/Dangerous Goods and are regulated in transportation by international, federal, state or local law shall be shipped Delivered Duty Paid, Buyer’s Dock (DDP: Buyer’s Point of Use; Inco terms 2000) for non free trade zone factory sites or Delivered Duty Unpaid, Buyer’s Dock (DDU: Buyer’s point of use, Inco terms 2000) for free trade zone factory sales. Title and risk of loss shall pass to Buyer upon delivery of Items to Buyer’s point of use at the Buyer factory site designated in the Release.

PACKING AND SHIPMENT. A. All Items shall be prepared for shipment in a manner that, : (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Supplier shall xxxx all containers with necessary lifting, handling and shipping information, Purchase Order number, date of shipment, and the names of the Buyer and Supplier. Buyer shall notify Supplier of the method of shipment and expected delivery date. If no instructions are given, Supplier shall select the most cost effective carrier, given the time constraints known to Supplier. Subject to Paragraph 7(C), Supplier shall ship only the quantity of Items specified in the Release. Buyer may return at Supplier’s expense any Items in excess of the quantity stated in the Release or retain such Items, as instructed by BuyerRelease. B. As directed by Buyer, freight shall be either managed by Supplier or Buyer in accordance with the following terms and conditions: (i) For Supplier Managed Freight: Seller agrees that all Items shall be shipped Free Carrier, Seller’s Dock (FCA: Seller’s Dock, Inco terms 2000). Buyer shall notify Seller of the method of shipment. If no instructions are given, Seller shall select the most cost effective carrier based upon Buyer’s required delivery date. (ii) For Buyer Managed Freight: All items shall be shipped Free Carrier, Supplier’s designated factory dock or distribution center dock (FCA: Supplier’s designated factory dock or distribution center dock, Inco terms 2000). Risk of loss shall pass to Buyer upon delivery of items to Buyer’s agent at the shipping point. C. Hazardous Materials Freight: Notwithstanding anything contained in Section 10.B. to the contrary, and regardless of the freight terms listed on any Purchase Order, all Items that are Hazardous Materials/Dangerous Goods and are regulated in transportation by international, federal, state or local law shall be shipped Delivered Duty Paid, Buyer’s Dock (DDP: Buyer’s Point of Use; Inco terms Dock, Incoterms 2000) for non free trade zone factory sites or Delivered Duty Unpaid, Buyer’s Dock (DDU: Buyer’s point of useDock, Inco terms Incoterms 2000) for free trade zone factory salessites. Title and risk Risk of loss shall pass to Buyer upon delivery of Items items to Buyer’s point Dock. (ii) For Buyer Managed Freight: All items shall be shipped Free Carrier, Supplier’s Dock (FCA: Supplier’s Dock, Incoterms 2000). Title and Risk of use loss shall pass to Buyer upon delivery of items to Buyer’s agent at the Buyer factory site designated in the ReleaseSupplier Dock.