Common use of Packing, Shipping and Delivery Clause in Contracts

Packing, Shipping and Delivery. a. All Goods shall be properly packed, marked and shipped in accordance with the requirements of the common carrier transporting such Goods and of the applicable Purchase Order and in a manner which, unless otherwise agreed, will permit the securing of the lowest transportation rates. All shipments to be forwarded on one day via one route shall be consolidated and shipped to protect the lowest transportation charge. Seller shall route shipments in accordance with Buyer's T&C. Unless otherwise provided in the applicable Purchase Order, no charge shall be made by Seller for containers, crating, boxing, bundling, dunnage, drayage, or storage. Each packing slip, bill of lading and invoice shall bear the applicable Purchase Order number. A numbered master packing slip shall accompany each shipment. b. Time is of the essence with respect to delivery of the Goods and performance of Services. Goods shall be delivered, and Services performed, by the applicable and agreed upon Delivery Date. Unless otherwise agreed by Xxxxx in writing, all shipments are DDP Buyer’s designated facility (Incoterms 2020). Seller shall furnish sufficient labor and management forces, plant, and equipment and shall work such hours (including night shift, overtime, holiday work, without additional cost to Buyer) as may be required to assure timely delivery and performance. Seller must immediately notify Buyer if Seller is likely to be unable to meet a Delivery Date. At any time prior to the Delivery Date, Buyer may, upon notice to Seller, terminate or change a Purchase Order, or any portion thereof, for any reason, including, without limitation, for the convenience of Buyer or due to failure of Seller to comply with Xxxxx’s T&C, unless otherwise noted. Shipping costs for Goods on back order shall be paid only at the rate which would have been applicable had the complete order been shipped at one time. All excess costs shall be borne by Seller. Buyer reserves the right to return, shipping charges collect, all Goods received in advance of the delivery schedule, unless prior permission has been granted in writing by Xxxxx.

Appears in 2 contracts

Samples: General Purchase Order Terms and Conditions, General Purchase Order Terms and Conditions

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Packing, Shipping and Delivery. a. This clause applies in lieu of the clause entitled "Packing and Shipping" found in The Boeing Company General Provisions (GP) applicable to and referenced in this contract. (a) All Goods to be furnished to Buyer under this contract shall be properly packedprepared and packed for export shipment in a manner acceptable to Buyer to comply with carrier regulations and prevent damage or deterioration during handling, marked shipment, and shipped storage for up to 90 days at destination. Any package or unitized or consolidated group of packages weighing in excess of 45 kilograms or otherwise not suited to manual handling shall be provided with skids to permit use of mechanical handling equipment. (b) When requested by Buyer, Seller shall submit to Buyer two copies of Seller's proposed preparation procedure and packing design, not less than 30 days before first shipment, for Buyer approval, and Seller shall prepare and package in accordance with the requirements procedure and design approved by Buyer. (c) All items furnished under this contract and valued in excess of $50 shall be clearly marked or stamped to indicate country of manufacture. Markings shall consist of the common carrier transporting such Goods and phrase "Made in [country]." In accordance with U.S. Customs Law, markings shall be as permanent as the nature of the applicable Purchase Order product will permit and located in a manner whichconspicuous place, unless otherwise agreedeasily available for U.S. Customs inspection on arrival in the United States. If the Goods are of a nature whereby marking is impossible, a securely affixed tag with country of origin named will permit suffice. (d) If Goods are damaged or have deteriorated as a result of improper packing or packaging, Seller shall, at Buyer’s option, either repair or replace the securing of Goods or reimburse Buyer for the lowest transportation rates. All shipments to be forwarded on one day via one route damaged or deteriorated Goods. (e) In addition, each unit container, including individual part, box, or other innermost package, each intermediate container, and each shipping container within each shipment shall be consolidated and shipped to protect the lowest transportation charge. Seller shall route shipments marked in American English in accordance with Buyer's T&C. Unless otherwise provided written instructions. The number 1 shipping container of each shipment shall contain (i) a packing list indicating in American English the applicable Purchase Order, no charge shall be made by Seller for containers, crating, boxing, bundling, dunnage, drayage, or storage. Each packing slip, bill of lading and invoice shall bear the applicable Purchase Order number. A numbered master packing slip shall accompany each shipment. b. Time is contents of the essence entire shipment in accordance with respect to delivery Buyer's written instructions; (ii) one copy of the Goods and performance of Services. Goods shall be delivered, and Services performed, any test or other reports required by the applicable contract specifications; and agreed upon Delivery Date. Unless otherwise agreed by Xxxxx (iii) securely attached to its exterior, one copy of Seller’s commercial invoice enclosed in writinga waterproof wrapper and clearly marked "Customs Invoice." Additional copies, all shipments are DDP Buyer’s designated facility (Incoterms 2020). Seller shall furnish sufficient labor and management forcesif any, plantof packing lists, reports, and equipment and shall work such hours (including night shift, overtime, holiday work, without additional cost to Buyer) as may be required to assure timely delivery and performance. Seller must immediately notify Buyer if Seller is likely to be unable to meet a Delivery Date. At any time prior to the Delivery Date, Buyer may, upon notice to Seller, terminate U.S. Customs or change a Purchase Order, or any portion thereof, for any reason, including, without limitation, for the convenience of Buyer or due to failure of Seller to comply with Xxxxx’s T&C, unless otherwise noted. Shipping costs for Goods on back order other invoices shall be paid only at the rate which would have been applicable had the complete order been shipped at one time. All excess costs shall be borne by Seller. furnished to Buyer reserves the right to return, shipping charges collect, all Goods received in advance of the delivery schedule, unless prior permission has been granted in writing by Xxxxxaccordance with Buyer's written instructions.

Appears in 1 contract

Samples: General Provisions

Packing, Shipping and Delivery. a. All Goods items to be furnished to Buyer under this contract shall be properly packedprepared and packed for export shipment in a manner acceptable to Buyer to comply with carrier regulations and prevent damage or deterioration during handling, marked shipment and shipped storage for up to ninety (90) days at destination. Any package or unitized or consolidated group of packages weighing in excess of 45 kilograms or otherwise not suited to manual handling shall be provided with skids to permit use of mechanical handling equipment. Upon Buyer request, Seller shall submit to Buyer two copies of Seller's proposed preparation procedure and packing design not less than thirty days prior to first shipment, for Buyer approval, and Seller shall prepare and package in accordance with the requirements procedure and design approved by Buyer. All items furnished under this contract and valued in excess of U.S. $50.00 shall be clearly marked or stamped to indicate country of manufacture. Markings shall consist of the common carrier transporting such Goods and phrase "Made in (country)". In accordance with U.S. Customs Law, markings shall be as permanent as the nature of the applicable Purchase Order product will permit, and located in a manner whichconspicuous place, unless otherwise agreedeasily available for customs inspection upon arrival in the United States. If the product is of a nature whereby marking is impossible, will permit the securing a securely affixed tag with country of origin named shall suffice. The Seller shall reimburse Buyer for all damage to or deterioration of the lowest transportation rates. All shipments to be forwarded on one day via one route Goods which would have been prevented by proper packing and packaging. b. In addition, each unit container, including individual part, box or other innermost package, each intermediate container, and each shipping container within each shipment shall be consolidated and shipped to protect the lowest transportation charge. Seller shall route shipments marked in English in accordance with Buyer's T&C. Unless otherwise provided written instructions. The No. 1 shipping container within each shipment shall contain: (i) a packing list indicating in English the applicable Purchase Order, no charge shall be made by Seller for containers, crating, boxing, bundling, dunnage, drayage, or storage. Each packing slip, bill of lading and invoice shall bear the applicable Purchase Order number. A numbered master packing slip shall accompany each shipment. b. Time is contents of the essence entire shipment in accordance with respect to delivery Buyer's written instructions; (ii) one copy of the Goods and performance of Services. Goods shall be delivered, and Services performed, any test or other reports required by the applicable contract specifications; and agreed upon Delivery Date. Unless otherwise agreed by Xxxxx (iii) securely attached to its exterior, one copy of the required customs invoice, enclosed in writing, all shipments are DDP Buyer’s designated facility (Incoterms 2020). Seller shall furnish sufficient labor and management forces, planta waterproof wrapper, and equipment and shall work such hours (including night shift, overtime, holiday work, without additional cost to Buyer) as clearly marked "Customs Invoice". A copy of Seller's payment invoice may be required used as the customs invoice, provided that the shipment total value is less than U.S. $500.00 and the copy is marked, "Invoice for Custom Purposes Only"; otherwise, the "U.S. Special Customs Invoices", Form 5515, shall be used. Additional copies, if any, of packing lists, reports, and customs or other invoices, shall be furnished to assure timely delivery and performance. Seller must immediately notify Buyer if Seller is likely in accordance with Xxxxx's written instructions. c. All items to be unable furnished to meet Buyer under this contract shall be delivered strictly in accordance with the terms, schedule and place of delivery specified in this contract. In the event that this contract specifies a Delivery Date. At term covered by "Incoterms 1990", as published by the International Chamber of Commerce, then this contract shall be governed by the provisions of "Incoterms 1990"; provided, that in the event of any conflict between the provisions of this contract and the provisions of "Incoterms 1990", the provisions of this contract shall govern. d. If at any time prior it appears to the Delivery Date, Buyer may, upon notice to Seller, terminate or change a Purchase Order, or any portion thereof, for any reason, including, without limitation, for the convenience of Buyer or due to failure of Seller to comply with Xxxxx’s T&C, unless otherwise noted. Shipping costs for Goods on back order shall be paid only at the rate which would have been applicable had the complete order been shipped at one time. All excess costs shall be borne by Seller. Buyer reserves the right to return, shipping charges collect, all Goods received in advance of that Seller will not meet the delivery schedule, unless prior permission has been granted Seller shall promptly notify and submit all relevant information to Buyer in writing writing. Such notification and submittal of information shall not relieve Seller of any of Seller's obligations under this contract. In the event of Seller's failure to deliver any or all of the items in accordance with the contract schedule, then Buyer shall have the option to cancel this contract for Seller default, or to maintain this contract, accept late delivery and recover damages, or to pursue any other rights Buyer may have by Xxxxxcontract, under the law, or otherwise.

Appears in 1 contract

Samples: Fixed Price Purchase Contract

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Packing, Shipping and Delivery. a. All Goods goods shall be properly packed, marked and shipped in accordance with the requirements of the common carrier transporting such Goods goods and of the applicable Purchase Order and in a manner which, unless otherwise agreed, will permit the securing of the lowest transportation rates. All shipments to be forwarded on one day via one route shall be consolidated and shipped to protect the lowest transportation charge. Seller shall route shipments in accordance with Buyer's T&C. Unless otherwise provided in the applicable Purchase Order, no charge shall be made by Seller for containers, crating, boxing, bundling, dunnage, drayage, or storage. Each packing slip, bill xxxx of lading and invoice shall bear the applicable Purchase Order number. A numbered master packing slip shall accompany each shipment. b. Time is of the essence with respect to delivery of the Goods and performance of Services. Goods shall be delivered, delivered and Services performed, performed by the applicable and agreed upon Delivery Date. Unless otherwise agreed by Xxxxx in writing, all shipments are DDP Buyer’s designated facility (Incoterms 2020). Seller shall furnish sufficient labor and management forces, plant, and equipment and shall work such hours (including night shift, overtime, holiday work, without additional cost to Buyer) as may be required to assure timely delivery and performance. Seller must immediately notify Buyer if Seller is likely to be unable to meet a Delivery Date. At any time prior to the Delivery Date, Buyer may, upon notice to Seller, terminate cancel or change a Purchase Order, or any portion thereof, for any reason, including, without limitation, for the convenience of Buyer or due to failure of Seller to comply with XxxxxBuyer’s T&C, unless otherwise noted. Shipping costs for Goods on back order shall be paid only at the rate which would have been applicable had the complete order been shipped at one time. All excess costs shall be borne by Seller. Buyer reserves the right to return, shipping charges collect, all Goods received in advance of the delivery schedule, unless prior permission has been granted in writing by XxxxxBuyer.

Appears in 1 contract

Samples: General Purchase Order Terms and Conditions

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