Common use of Packing, Shipping and Delivery Clause in Contracts

Packing, Shipping and Delivery. 2.1. Seller shall: (a) properly xxxx, xxxx and ship the Equipment in accordance with the requirements of Buyer, the involved carriers, and, if applicable, the country of destination; packaging shall be suitable for the type of good including, where appropriate, long-distance transport, moisture-proof, waterproof, shockproof, rustproof, resistant to rough loading and unloading and consistent with industry practices and standards, so as to prevent the Equipment from being damaged and cause the Equipment to be delivered properly to Buyer; (b) route shipments in accordance with Buyer’s instructions; (c) make no charge for handling, packaging, storage, transportation or drayage of the Equipment, unless otherwise stated in this Agreement; (d) provide with each shipment packing slips with Buyer’s contract and/or order number and date of shipment marked thereon; (e) properly mark each package with a label/tag according to Buyer’s instructions; (f) promptly forward the original bill of lading or other shipping receipts with the correct classification and identification of the Equipment shipped in accordance with Buyer’s instructions and carrier’s requirements; (g) mark each package and identify the Equipment on packing slips, bills of lading and invoices (when required) to enable Buyer to easily identify the Equipment purchased; (h) at the request of Buyer, provide electronic versions of documents and information related to the shipping and delivery of the Equipment herein; and (i) promptly notify Buyer in writing if Seller is unable to comply with the shipping instructions in this Agreement. Buyer may charge Seller for damage to or deterioration of the Equipment resulting from improper packing or packaging.