Scheduling of Shipments. Buyer and Seller shall work together to coordinate the shipment of Product(s) to the place of delivery, which is Xxxxx's Facilities, if not agreed otherwise. Authorized representatives of Buyer will order Product(s) for delivery in writing (via e-mail or by post) as required and Seller shall deliver such Product(s) in the agreed quantity, on the agreed delivery date and agreed delivery place. Time is of the essence and it is essential that all Product(s) be delivered by Seller to Buyer in accordance with the conditions, including delivery dates. Buyer must be advised immediately by Seller of any delays in delivery of Product(s); contact details of authorized representatives of Buyer are listed in Purchase order. Xxxxxx agrees to both reimburse Buyer in full and indemnify Buyer for any loss, damage or cost, including, but not limited to, attorneys' fees, arising out of or related to any and all delays in Seller’s delivery of Product(s) on the agreed date of delivery to the agreed place of delivery. The Buyer has the right to refuse (i) delivery of a smaller quantity of the Product(s) than specified in the Agreement or the Purchase Order, (ii) delivery of the Product(s) at a time other than agreed between the parties or unilaterally determined by the Buyer, if the Buyer is entitled to do so under this Agreement or law, (iii) take over the Product(s) delivered unduly, i.e. if there are any defects in the Product(s) (in particular, however, if the Product(s) have not been delivered according to the quantity, quality or form of manufacturing agreed between the parties). Acceptance of any Product(s) with defects, regardless of whether the defects in the Product(s) are recoverable or unrecoverable, shall not affect the Buyer's claims for defects in the Product(s) hereunder. Further details on the conditions of delivery of the Product(s) can be provided in the Buyer´s Purchase Order.
Scheduling of Shipments. The Parties anticipate that all Shipments under this Agreement shall be transported by rail from SELLER's Loading Facility to one or more of electric-generating plants designated by PURCHASER, which may include plants owned or operated by PURCHASER or plants owned or operated by other parties. Prior to the first day of each calendar month during the term of this Agreement, the Parties shall establish a loading schedule for all Shipments to be made during such month. Such schedule shall include, without limitation, loading dates and loading facilities as loading points for such Shipments and shall be established by the Parties' respective transportation coordinators in accordance with the quantity requirements set forth in Section 6.
Scheduling of Shipments. Xxxxx and Seller shall work together to coordinate the shipment of Product(s) to Xxxxx's Facilities. Authorized representatives at Buyer's Facilities will order Product(s) for delivery in writing (via e-mail or by post) as required and Seller shall deliver such Product(s) on the agreed delivery date and agreed delivery place. Time is of the essence and it is essential that all Product(s) be delivered by Seller to Buyer in accordance with the agreed delivery conditions, including delivery dates. Buyer must be advised immediately by Seller of any delays in delivery of Product(s); contact details of authorized representatives of Buyer are listed in Purchase order. Xxxxxx agrees to both reimburse Buyer in full and indemnify Buyer for any loss, damage or cost, including, but not limited to, attorneys' fees, arising out of or related to any and all delays in Seller’s delivery of Product(s) on the agreed date of delivery to the agreed place of delivery.
Scheduling of Shipments. Independent Contractor and Company recognize, acknowledge and understand that scheduling of TICA Services and determining whether to accept and transport a Shipment hereunder are matters within Independent Contractor’s sole discretion.
Scheduling of Shipments. Products shall be accepted for transportation at such time as Products of the same specifications are currently being transported from point of Origin to a Destination or Destinations in accordance with schedules of shipments and consignments to be issued from time to time to each Consignor by the Carrier. Such schedules may be modified from time to time in the manner and to the extent reasonably desirable to facilitate the efficient and economical use and operation of the Carrier’s facilities and to reasonably accommodate Consignor’s needs for transportation. Shippers may elect to utilize Carrier’s “ATLAS” system to schedule shipments. Origin Releases and Shipment Requests should be completed fourteen (14) days before the scheduled entry date of product into Carrier’s facilities. If an Origin Release or Shipment Request is not timely submitted, Carrier will handle in a manner to facilitate the efficient, economic use and operation of the Carrier’s facilities and to reasonably accommodate Consignor’s needs for transportation of product. MPL will provide a pump date for a completed nomination a minimum of seven (7) days prior to the release date.
Scheduling of Shipments. Before the first shipment is scheduled and prior to the beginning of each subsequent calendar month while the Purchase Order is in effect, Seller shall telephone Southern Company Services' Production Support Analyst for shipping instructions. Seller's failure to comply with the shipping instructions may result in rejection of shipments or other sanctions. Seller shall be responsible for all monetary charges this rejection or other action may cause, be it carrier imposed or otherwise.
Scheduling of Shipments. The firm tonnage shall be loaded at Puerto Bolivar evenly spread on a yearly basis during each Coal Shipping Year, on board of handysize vessels, at dates to be mutually agreed between BUYER and SELLER. Adjustments to the shipping schedule can be agreed upon between BUYER and SELLER at the commencement of each semester. If BUYER exercises for any Coal Shipping Year the option provided by Section 3.03 hereof, the Optional Quantity shall be loaded during second semester of each Coal Shipping Year, at dates to be mutually agreed between BUYER and SELLER at the time of declaration. Actual laycan periods of ten (10) days at Puerto Bolivar, shall be mutually agreed between the parties. SELLER shall inform BUYER before loading ship its arrival to Buyers Port and expected arrival for each coal shipment. X - VESSEL DISCHARGING CONDITIONS
Scheduling of Shipments. Dealer may request in its order a specific shipping date or shipping schedule; however, Dealer may not request that Products be shipped later than three (3) months after the end of the current Supplement of the Agreement. Tektronix will schedule shipments for each purchase order based on Dealer's request and Tektronix' shipping capability at the time Dealer's order is accepted. Upon such acceptance, Tektronix will issue to Dealer a formal acknowledgment which will indicate the estimated shipping date(s). Tektronix will use its best effort to ship on or before the estimated shipping dates indicated on its formal acknowledgment; except, that Tektronix will not ship before Dealer's requested shipping dates, if Dealer's purchase order so instructs. Tektronix will not be liable for any delay of any shipments nor for any failure to deliver if such failure results from circumstances which are beyond its reasonable control or which would cause Tektronix to incur unreasonable expense in order to effect such a delivery. Tektronix shall not in any event be liable for any special, incidental or consequential damages resulting from any delay or inability to deliver.
Scheduling of Shipments. Buyer and Seller shall work together to coordinate the shipment of Products and/or the provision of Services to Buyer’s Facilities. Authorized representatives at Buyer’s Facilities will order Products and/or Services as required and Seller shall deliver such Products and/or provide such Services on the agreed date. Time is of the essence and it is essential that all Products and/or Services be provided by Seller to Buyer in accordance with the agreed dates. Buyer must be advised immediately of any delays whatsoever. Seller agrees to both reimburse Buyer in full and indemnify Buyer for any loss, damage or cost, including, but not limited to, attorneys’ fees arising out of or related to any and all delays in Buyer’s receipt of any Products and/or Services.
