PRODUCT DELIVERY. Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract. Delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor, unless otherwise agreed to by the Authorized User and 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 a 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. 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. 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. 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. Delivery of all Contract Products shall be made in accordance with Appendix B, Product Delivery and Shipping/Receipt of Product.
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. 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. The Contractor shall deliver the units ordered by an Authorized User within forty-five (45) calendar days of receipt of a Purchase Order unless either the Authorized User or OGS grants an extension of time as provided below. If upon receipt of a Purchase Order the Contractor determines it cannot meet the 45 calendar day delivery period the Contractor may submit a written request to the Authorized User to extend the required Product delivery period to up to sixty (60) calendar days. The Authorized User shall respond in writing to the Contractor either declining the request or specifying the revised delivery period. If an Authorized User wants to extend the delivery period beyond sixty (60) calendar days, the Authorized User may submit a written request to extend the Product delivery period beyond sixty (60) calendar days to OGS for its approval. Approval of substantially delayed deliveries (over 60 calendar days), when the delayed delivery will impact more than one order fulfillment in a thirty (30) day time frame for more than 75 calendar days per incident, will be limited to delays that are a result of an industry wide event or other acceptable extenuating circumstance, that limits or prohibits Contractor’s ability to deliver within Agreement delivery timeframes. Final determination of an industry-wide event or acceptable extenuating circumstance will be at the sole discretion of OGS. The product delivery period shall start at the time of receipt of a Purchase Order and shall conclude with delivery to the Authorized User. This timeframe shall include all work to be done by a Contractor and/or its Resellers. The Contractor must provide a Purchase Order receipt notification to the Authorized User within five (5) calendar days of receipt of a Purchase Order. An Advanced Shipping Notice must be provided to Authorized Users upon request fourteen (14) calendar days prior to delivery. Such notification must include Purchase Order number, quantity, itemized SKUs, description, price, purchase date, received date, and warranty start date. The Contractor shall notify the Authorized User of any delays, and be the main point of contact for all communications, even if using a Reseller to fulfill the order. Contractor shall submit a monthly report to OGS of any delays in delivery by using Attachment 8 – Delayed Delivery
PRODUCT DELIVERY. Delivery must be made as ordered to the address specified on the Purchase Order and in accordance with the terms of the Contract. Delivery shall be made within thirty calendar days after receipt of a Purchase Order by the Contractor, unless otherwise agreed to by the Authorized User and 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 a 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. Contractor shall make available to the Authorized User either delivery of a physical copy(s) of the Software and Documentation or electronic download of the Software and Documentation from the Contractor’s electronic delivery web site. Authorized User can access and electronically download the Licensed Software and related Documentation for each Product offered under the Contract. The Authorized User acknowledges that Contractor's delivery obligation for electronic delivery under this Contract is met by the provision of the electronic delivery web site URL. Unless otherwise specified in the Authorized User Agreement, the Authorized User shall be responsible for installation of the Licensed Software.
