Quantities and Delivery Sample Clauses

Quantities and Delivery. Delivery of Products/Services and any related output or reports shall be in accordance with Schedule A and the terms set forth in Buyer’s Orders and instructions unless otherwise agreed to by Buyer. All shipments are F.O.

Quantities and Delivery. (a) Time, performance and deliveries are the essence of Buyer's Purchase Order. Performance and deliveries must be made at the times, manner and quantities specified in the Purchase Order or in Buyer's Release(s) thereunder. Seller expressly acknowledges that the parties operate in a flexible manufacturing environment and Buyer’s Releases may and likely will vary from week to week and that a newly issued Release may and likely will vary the delivery schedule set out in an immediately preceding Release, and Seller shall use its best efforts to comply with the continuously varying delivery schedule. If deliveries are made in advance of the delivery date or in excess of the quantities ordered, Buyer shall have the right to store or return the Goods or Tools at Seller's risk and expense. If late deliveries are made or insufficient quantities supplied, or if Seller otherwise fails to perform as required under Buyer's Purchase Order, Buyer may, in addition to its other remedies, cancel such Purchase Order (in whole or in part), reject any Goods and/or Tools delivered and/or Services supplied, and claim from Seller all losses and damages occasioned thereby. Unless authorized in writing by Buyer, Seller shall not make any commitments for raw materials or other inventory or manufacture any Goods or Tools in advance of the time necessary to comply with the specified delivery dates. Buyer may on short notice to Seller change the rate of scheduled shipments or temporarily suspend scheduled shipments, neither of which shall entitle Seller to change the price of the Goods, Tools or the Services. Any representation made by Seller to Buyer regarding its production capacity shall be considered a warranty that Seller can supply such stated quantity of the Goods, Tools or the Services without any overtime or other additional charges. Seller expressly acknowledges and agrees that any failure of Seller to deliver the Goods or Tools on the delivery dates specified in the Purchase Order or in Buyer’s Release(s) thereunder will cause irreparable harm to Buyer and that Buyer shall be entitled to equitable relief, including injunction, in such event. (b) Seller acknowledges that any estimates or forecasts of production volumes or length of program, whether from Buyer or its customer, are subject to change from time to time, with or without notice to Seller, and shall not be binding upon Buyer. Unless otherwise expressly stated in the Purchase Order, Buyer makes no representation, w...

Quantities and Delivery. 4.1 The Supplier shall supply the Supplies in the quantity and according to the specification described in each Order. 4.2 Unless expressly stated on the face of the Order, the Buyer shall be under no obligation to purchase Supplies exclusively from the Seller. 4.3 Unless otherwise agreed in writing by the Buyer, all and risk and title in and to the Supplies shall pass from the Seller to the Buyer upon delivery and/or performance (as applicable) of the Supplies to the address as specified in the Order. 4.4 Time for delivery of the Supplies is of the essence. The Buyer shall not be obligated to accept early deliveries, late deliveries, partial deliveries or extra deliveries. Where multiple deliveries of Supplies are specified in the Order, the Buyer may change the rate of scheduled deliveries or temporarily suspend scheduled deliveries, neither of which actions entitles the Seller to modify the Price. 4.5 The Seller shall be responsible for effecting or procuring the delivery of the Supplies to the Buyer. 4.6 The Seller must comply with all Applicable Laws relating to the Supplies including but not limited to manufacture, labeling, operation, use and delivery of all goods comprisng the whole or part of the Xxxxxxx, and performance of all services comprising the whole or part of the Supplies. The Seller shall indemnify and reimburse the Buyer for any claims, losses and/or expenses incurred by the Buyer as a result of any breach of this clause 4.6. 4.7 The Seller shall be responsible for effecting or procuring the delivery of the Supplies to the Buyer.

Quantities and Delivery. (a) Purchaser shall provide to Supplier a rolling forecast of projected quantity requirements by Product for the next sixty (60) days. Such forecasts shall be updated monthly or more frequently (in whole or in part) to reflect significant changes. Supplier shall plan production and notify Purchaser of the "order lead-time" it requires for timely delivery of each Product. Supplier agrees to maintain in its inventory at all times at least a two week supply of standard high volume Product. (b) Purchaser shall issue purchase order releases to Supplier specifying the quantities, delivery date and destination for each product. All shipments shall be FOB destination when Supplier uses its in-house trucking service. If any delivery of any Products is not made when specified, then at the Purchaser's request, which request shall be made at the sole discretion of the Purchaser, the Supplier shall deliver such Products by air freight and pay the expense thereof.

Quantities and Delivery. Delivery of Products/Services and any related output or reports shall be in accordance with Attachment I and the terms set forth in Buyer’s Orders unless otherwise agreed to by Buyer. All shipments are [ if domestic, specify F.O.B. Destination, etc. or if international, specify CIP Destination (with exception to carriage), or specify DDP Destination] and shall be made with Buyer designated carriers, and shall include all necessary documentation including, but not limited to, any documentation specified on Attachment I. “Destination” as used herein shall mean Buyer’s landing dock unless otherwise specified by Buyer in writing. Title and Risk of Loss to and with respect to the Products will pass from Seller to Buyer upon satisfactory delivery at Destination. All Orders shall be in the English language and shall include the following information: (a) quantity of each Product; (b) designated delivery location and manner of shipment; (c) delivery date [(which shall not be less than ______ (__) days from the date of such Order]; (d) purchase price of the Products ordered; and (e) any other special information required by this Agreement or dictated by the circumstances of such Order. [Seller and Buyer acknowledge and agree that time shall be of the essence of this Agreement.] In the event Seller fails to meet its delivery obligations hereunder, and in addition to any and all remedies that may be available to it, Buyer specifically reserves the right to charge and collect from Seller late and/or missed delivery fines, including but not limited to the amount of such fines levied against Buyer by its customers as a result of any such failure. Seller understands that, in order for Buyer to meet its time sensitive commitments to its customers, it is essential that Seller deliver Products/Services of the quality and quantity required by Buyer within the time specified by Buyer on its Orders. Seller further acknowledges and agrees that, in addition to any other rights it may have hereunder or at law or in equity, Seller shall be fully responsible for and shall promptly reimburse Buyer for any fines, penalties, etc. incurred by Buyer and attributable in Buyer’s discretion, to such failure.

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Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.
Orders and Delivery 4.1 The Purchaser may from time to time place Purchase Orders on the Supplier for the Goods and/or Services. Nothing in this Agreement shall prevent the Purchaser from purchasing the same or similar goods and services from a third party. 4.2 The Purchaser may at any time terminate a PO, or where applicable this Agreement, for convenience if the relevant contract in terms whereof Goods and/or Services are on-sold by the Purchaser to a Customer is terminated, by giving the Supplier 30 (thirty) days’ written notice to such effect, in which event the Purchaser shall be liable to pay only for Goods ordered under Purchase Orders placed prior to the delivery of such notice of termination. 4.3 The Goods to be supplied pursuant to this Agreement shall be delivered by the Supplier DDP Delivered Duty Paid (at the Purchaser’s or the Customer’s premises, Gauteng) on or before the delivery date/s stated in the relevant PO or delivery schedule. Time is of the essence in the performance of the Supplier’s obligations. 4.4 Subject to the Supplier’s strict compliance with this clause 4, the Purchaser shall grant to the Supplier an extension of time if and to the extent that delivery is or will be delayed by the following causes: 4.4.1 Additional Goods and/or Services are ordered under clause 5, or 4.4.2 Any delay, impediment or prevention caused by either force majeure or the Purchaser occurs. 4.5 If the Supplier considers itself entitled to an extension of time, the Supplier shall give notice to the Purchaser describing the event or circumstance giving rise to the requested extension of time (in this clause referred to as the “claim”). The notice shall be given as soon as practicable, and in any event not later than 2 (two) days after the Supplier became aware, or should have become aware, of the event or circumstance. 4.6 Within 7 (seven) days after the Supplier sent the notice referred to in clause 4.5 or within such other period as may be proposed by the Supplier and approved by the Purchaser, the Supplier shall send to the Purchaser a fully detailed claim and revised draft delivery schedule which includes full supporting particulars of the basis and duration of the claim. If the event or circumstance giving rise to the claim has a continuing effect: 4.6.1 this fully detailed claim shall be considered as interim; 4.6.2 the Supplier shall send further interim claims at weekly intervals, giving the accumulated delay, and such further particulars as the Purchaser may reasonably require; and 4.6.3 the Supplier shall send a final claim within 7 (seven) days after the end of the effects resulting from the event or circumstance, or within such other period as may be proposed by the Supplier and approved by the Purchaser. 4.7 Within 7 (seven) days after receiving a claim or any further particulars supporting a previous claim, or within such other period as may be proposed by the Purchaser and approved by the Supplier, the Purchaser shall respond with approval, or with disapproval and detailed comments. It may also request further clarification or additional particulars. Should the Purchaser fail to respond within the stated time, it shall be deemed to have rejected the claim. 4.8 A revised delivery schedule shall only become valid and binding once approved by the Purchaser, which approval shall not be unreasonably withheld.
Notice and Delivery Any notice mailed to you will be deemed delivered and received by you, five days after the postmark date. This fifth day following the postmark is the receipt date. Notices will be mailed to the last address we have in our records. You are responsible for ensuring that we have your proper mailing address. Upon your consent, we may provide you with notice in a delivery format other than by mail. Such formats may include various electronic deliveries. Any notice, including terminations, change in personal information, or contributions mailed to us will be deemed delivered when actually received by us based on our ordinary business practices. All notices must be in writing unless our policies and procedures provide for oral notices.
Order and Delivery The Contract shall bind the Contractor to furnish and deliver the Goods or Services in accordance with Exhibit A and at the prices set forth in Exhibit B. Subject to the sections in this Contract concerning Force Majeure, Termination and Open Market Purchases, the Contract shall bind the Client Agency to order the Goods or Services from the Contractor, and to pay for the accepted Goods or Services in accordance with Exhibit B.
Transportation and Delivery Prices shall include all charges for packing, handling, freight, distribution, and inside delivery. Transportation of goods shall be FOB Destination to any point within thirty (30) days after the Customer places an Order. A Contractor, within five (5) days after receiving a purchase order, shall notify the Customer of any potential delivery delays. Evidence of inability or intentional delays shall be cause for Contract cancellation and Contractor suspension.
Payment and Delivery Payment for the Option Shares shall be made on the Option Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery to you of certificates (in form and substance satisfactory to the Underwriters) representing the Option Shares (or through the facilities of DTC) for the account of the Underwriters. The Option Shares shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least one (1) full Business Day prior to the Option Closing Date. The Company shall not be obligated to sell or deliver the Option Shares except upon tender of payment by the Representative for applicable Option Shares.
Shipping and Delivery a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor’s until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge. b. All deliveries will be “Inside Deliveries” as designated by a representative of the Purchasing Entity placing the Order. Inside Delivery refers to a delivery to other than a loading dock, front lobby, or reception area. Specific delivery instructions will be noted on the order form or Purchase Order. Any damage to the building interior, scratched walls, damage to the freight elevator, etc., will be the responsibility of the Contractor. If damage does occur, it is the responsibility of the Contractor to immediately notify the Purchasing Entity placing the Order. c. All products must be delivered in the manufacturer’s standard package. Costs shall include all packing and/or crating charges. Cases shall be of durable construction, good condition, properly labeled and suitable in every respect for storage and handling of contents. Each shipping carton shall be marked with the commodity, brand, quantity, item code number and the Purchasing Entity’s Purchase Order number.
Notices and Delivery Unless otherwise specifically provided herein, any consent, notice or other communication herein required or permitted to be given shall be in writing and may be personally served, telecopied or sent by courier service or United States mail and shall be deemed to have been given when delivered in person or by courier service, upon receipt of a telecopy (or on the next Business Day if such telecopy is received on a non-Business Day or after 5:00 p.m. (at the office of the recipient) on a Business Day) or four (4) Business Days after deposit in the United States mail (registered or certified, with postage prepaid and properly addressed). Notices to Agent pursuant to ARTICLE II shall not be effective until received by Agent. For the purposes hereof, the addresses of the parties hereto (until notice of a change thereof is delivered as provided in this SECTION 12.6) shall be as set forth below each party's name on the signature pages hereof, or, as to each party, at such other address as may be designated by such party in a written notice to all of the other parties. All deliveries to be made to Agent for distribution to the Lenders shall be made to Agent at the addresses specified for notice on the signature page hereto and in addition, a sufficient number of copies of each such delivery shall be delivered to Agent for delivery to each Lender at the address specified for deliveries on the signature page hereto or such other address as may be designated by Agent in a written notice.
ORDERING AND DELIVERY An Order will be binding on both parties when signed by authorized representatives of Licensee. Each Order shall include the following information: (a) the Software licensed or to which Support and Maintenance shall apply, and (b) the applicable fees. No additional or different terms in any purchase order or similar document shall modify the terms of this Agreement. For purposes of this Agreement, initial delivery of the Software and Documentation will be deemed to have occurred upon MyECheck providing Licensee with a password to access a web page from which Licensee may download the Software and Documentation. The Software will be deemed accepted upon initial delivery, subject to the warranties in Section 9.
Purchase and Delivery Payment for the Firm Offered Securities shall be made to the Company in Federal or other funds immediately available in New York City at the closing time and place set forth in Schedule I hereto, or at such other time on the same or such other date, not later than the fifth business day thereafter, as may be designated by you in writing. The time and date of such payment are hereinafter referred to as the “Closing Date.” Payment for any Additional Offered Securities shall be made to the Company in Federal or other funds immediately available in New York City at the closing place referred to above on such date of your determination (which may be the same as the Closing Date but shall in no event be earlier than the Closing Date nor later than ten business days after the giving of the notice hereinafter referred to) as shall be designated in a written notice from you to the Company, on behalf of the Underwriters, to purchase a number, specified in said notice, of Additional Offered Securities, or on such other date as shall be designated in writing by you. In any event, such payment date shall be not later than __________, 20__. The time and date of such payment are hereinafter referred to as the “Option Closing Date.” The notice of the determination to exercise the option to purchase Additional Offered Securities and of the Option Closing Date may be given at any time within 30 days after the date of this Agreement. Payment for the Firm Offered Securities or any Additional Offered Securities shall be made against delivery to you on the Closing Date or the Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, of the Firm Offered Securities or any Additional Capital Securities, as the case may be, registered in such names and in such denominations as you shall request in writing not later than one full business day prior to the Closing Date or the Option Closing Date, as the case may be, with any transfer taxes payable in connection with the transfer of the Firm Offered Securities or any Additional Offered Securities, as the case may be, to the Underwriters duly paid.

Quantities and Delivery Sample Clauses

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