PRODUCT DELIVERY Sample Clauses

PRODUCT DELIVERY. This Section 3.A shall only apply to purchases which are placed by Customer directly with RSA. Delivery of RSA Product shall be completed in the following manner: (i) Title and risk of loss for sold Equipment and physical media containing Software shall transfer to Customer upon RSA’s delivery to a carrier at RSA’s designated point of shipment; and (ii) Software may be provided by (1) delivery of physical media to a carrier at RSA’s designated point of shipment; or (2) electronic download (when so offered by RSA) (“Delivery”). Unless otherwise agreed, a common carrier shall be specified by RSA. Software, Documentation, Evaluation Products and Training Materials are licensed only. No title to, or ownership of, Software, Documentation, Evaluation Products, Training Materials, or other materials provided to Customer in the course of performing Services is transferred to Customer.

PRODUCT DELIVERY. Delivery of the product will be “Ex Works (EXW)” –In Factory–, unless another delivery method has been indicated in the Order(s). On delivery, any risk of loss or damage to the Product shall be borne by the Client.

PRODUCT DELIVERY. Hitachi will use all commercially reasonable efforts to meet its estimated Product delivery dates. Hitachi will arrange for Products to be shipped on Your behalf and at Your risk, and charge You accordingly, unless You notify Hitachi in writing not to do so. Where necessary, Hitachi may make partial deliveries of Products and send You a corresponding partial invoice. Unless an Order states otherwise, delivery of Products will be FCA as defined in Incoterms 2020 to Hitachi’s nominated delivery point. If Hitachi delivers software by download or other electronic transmission, it is deemed delivered when the software programs or related license keys are made available to You.

PRODUCT DELIVERY. In addition, upon mutual agreement, delivery locations may be expanded per the “Extension of Use” clause (see Section 2.28 Extension of Use). Contractor’s pricing will be posted to the OGS website.

PRODUCT DELIVERY. Contractors Shall be required to deliver Vehicles anywhere within New York State boundaries, as designated by the Authorized User in the Mini-Bid and on the Purchase Order. The following terms and conditions apply to Delivery: 1. The Contractor agrees to bear the risk of loss, injury, or destruction of the Product ordered, prior to receipt of the Vehicle by the Authorized User. 2. Delivery Shall be made in accordance with instructions on the Purchase Order from each Authorized User. It Shall be presumed that the Contractor received the Purchase Order on the third Business Day following the date of the Purchase Order, unless the Contractor provides credible evidence to the Authorized User that the order was received on a later date. If there is a discrepancy between the Purchase Order and what was listed in the Mini-Bid or agreed upon after tentative award of the Mini-Bid it is the Contractor’s obligation to seek clarification from the ordering Authorized User and, if applicable, from OGS. 3. Contractor Shall secure a signed receipt from the Authorized User certifying delivery of a Vehicle and odometer reading. from Vehicles that have an odometer. In the event deficiencies are later noted and a properly signed receipt cannot be found, Contractor Shall be responsible for certifying delivery and odometer reading. 4. Pursuant to Appendix B, Section 33 Shipping/Receipt of Product, freight terms are F.O.B. Destination. 5. An Authorized User May choose to stagger the delivery of Vehicles over a period of time, and to multiple delivery locations, as specified on the Purchase Order. For example, an Authorized User May order forty (40) Vehicles with instructions to deliver four (4) Vehicles to each of ten (10) locations over a period of time. 6. Upon mutual agreement, delivery locations May be expanded per Section 2.38 Non-State Agencies Participation in Centralized Contracts.

PRODUCT DELIVERY. Delivery of all Contract Products shall be made in accordance with Appendix B, Product Delivery and Shipping/Receipt of Product.

PRODUCT DELIVERY. Appendix B, Section 31, Product Delivery, is hereby deleted and replaced with the following: Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract. Unless otherwise agreed to by the Authorized User and Contractor, delivery shall be made within ninety (90) calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. If compliance with the delivery time schedule is a material term of the Contract, failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

PRODUCT DELIVERY. Appendix B, Section 45, Product Delivery, is hereby deleted and replaced with the following: Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract or Contract Award Notice. Unless otherwise agreed by the Authorized User and Contractor, delivery shall be made within ninety calendar days after receipt of a Purchase Order by the Contractor. The decision of the Commissioner as to compliance with delivery terms shall be final. The burden of proof for delay in receipt of Purchase Order shall rest with the Contractor. In all instances of a potential or actual delay in delivery, the Contractor shall immediately notify the Commissioner and the Authorized User, and confirm in writing the explanation of the delay, and take appropriate action to avoid any subsequent late deliveries. Any extension of time for delivery must be requested in writing by the Contractor and approved in writing by the Authorized User. Failure to meet such delivery time schedule may be grounds for cancellation of the order or, in the Commissioner’s discretion, the Contract.

PRODUCT DELIVERY. A. Unless otherwise agreed to by Procuring Eligible Organization and Supplier, Supplier agrees to deliver Products to Procuring Eligible Organization within thirty (30) days after receipt of a valid Order. If delivery cannot be made within thirty (30) calendar days, Supplier will notify Procuring Eligible Organization within five (5) business days following Order placement, and Procuring Eligible Organization, as its exclusive remedy, can cancel the order by written, electronic, or facsimile notification. Failure of the Supplier to adhere to delivery schedules as specified or to promptly replace defective product shall render the Supplier liable for all costs in excess of the contract price when alternate procurement is necessary. Suppliers acknowledge that all locations of any particular Eligible Organization may not be within the MHEC region. B. If deliveries prove to be unsatisfactory, or other problems arise, MHEC reserves the right to delete Product or Services from the Master Agreement and/or cancel Master Agreement. Similarly, if deliveries prove to be unsatisfactory or other problems arise under the agreement for a Procuring Eligible Organization, the Procuring Eligible Organization retains all of its remedies for a default. Failure of MHEC or the Procuring Eligible Organization to exercise its rights of termination for cause or other remedies for default due to a Supplier’s failure to perform as required in any instance shall not constitute a waiver of termination rights or other default remedies in any other instance. C. Suppliers may choose to deliver products electronically where practicable. This option must be under the independent control of each Procuring Eligible Organization.