Shipment. Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.
Shipment. For purposes of this Agreement, shipment shall mean the Equipment is ready to be delivered to Purchaser’s Ship To site. When the Equipment is ready to be shipped and Seller has obtained all necessary approvals to commence installation, Seller shall so advise the Purchaser. If Purchaser delays shipment beyond 15 days, the Final Payment shall be made as required by Section 3 as though shipment had occurred. Seller may store the Equipment at Purchaser’s Ship To location at Purchaser’s risk and expense. Seller’s obligations hereunder are subject to delays incident to labor difficulties, fires, casualties and accidents; acts of the elements; acts of the public enemy; transportation difficulties; governmental interference or regulations; inability to obtain equipment, materials or qualified labor sufficient to fill its orders in a timely manner; and other causes beyond its control. Although Seller shall use its best efforts to ship Equipment in the Order of receipt of Initial Deposits, Purchaser has no right to have components or work-in-progress identified with this Agreement and Seller has the right to deliver Equipment units to customers in any order it deems reasonable. The packaging of the main Equipment remains Seller’s property, and if requested, should be returned to Seller forthwith after the installation of the Equipment, according to the labels attached to the concerned packaging and to the return procedures. Seller will arrange for removal of all construction debris from Purchaser’s property and all reasonable efforts will be made to recycle such materials.
Shipment. Unless otherwise agreed, Dell may ship parts of an Order separately, choose the common carrier and shall arrange for shipment of the ordered Products to the ship-to address indicated in the Order, through a common carrier designated by Dell. Partner is responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt Partner may be requested to sign. Dell will not be responsible for any visible shipping damages not noted on the delivery receipt. Partner must notify Dell within 7 days of the invoice date if any part of the Order is missing, wrong or damaged or “MWD”. Unless otherwise agreed in writing by the Parties, where Dell has been notified of such non-conformity, Dell will deliver replacements to the original delivery location stated in the Order and if applicable, make arrangements to exchange the affected Products. Partner shall make arrangements as may be necessary to assist Dell with the collection of the non-conforming Product. At its sole discretion, Dell shall be entitled to charge Partner for any non-conforming Products not returned to Dell in a reasonable period of time. Partner shall not cancel any orders accepted by Dell. Dell is not liable for any damage or loss to the Product when non-Dell provided shipping method is used for shipping from Dell to Partner or End User. Shipping and Delivery dates are indicative. Software may be provided by delivery of physical media or through electronic means.
Shipment. Shipping terms are Ex Works-Seller’s Facility (INCOTERMS 2010 EXW) unless otherwise specified. Risk of loss and title for Products shall transfer when Products are made available for Buyer to collect. In the absence of specific instructions, Seller will select the carrier. Products held for Buyer, or stored for Buyer, shall be at the sole risk and expense of Buyer.
Shipment. Except as otherwise agreed in writing by Seller in an order acknowledgement, all sales are Ex Works (EXW Incoterms® 2010) Seller’s factory. Upon Seller’s notice that any shipment is ready, Buyer shall supply necessary shipping instructions. If Buyer fails to do so, Buyer shall pay all of Seller’s subsequent storage, handling and other expenses. Buyer shall owe Seller the full price of the Products, irrespective of loss or damage in transit. Unless circumstances clearly indicate otherwise or Seller, in its sole discretion, chooses to ship the Products in a single lot, the Products may be shipped in separate lots. Seller shall follow the packing requirements customarily used by Seller for the shipping method selected for the Products. Seller will use commercially reasonable efforts to comply with any special packaging requested by Buyer, at Buyer's additional expense.
Shipment. Unless otherwise agreed, Dell may ship parts of an Order separately, choose the common carrier and shall arrange for shipment of the ordered Products to the ship-to address indicated in the Order, through a common carrier designated by Dell. Partner is responsible for inspecting the package(s) upon delivery and must note any visible damage on the proof of delivery (POD) or other delivery receipt Partner may be requested to sign. Dell will not be responsible for any visible shipping damages not noted on the delivery receipt. Partner must notify Dell within 21 days of the invoice date if any part of the Order is missing, wrong or damaged. Dell is not liable for any damage or loss to the Product when non-Dell provided shipping method is used for shipping from Dell to Partner or End User. Shipping and Delivery dates are indicative. Software may be provided by delivery of physical media or through electronic means.
Shipment. All shipments of Equipment shall be made FOB Company's plant and liability for loss or damage in transit, or thereafter, shall pass to Distributor upon Company's delivery of Equipment to a common carrier for shipment. Shipping dates are approximate and are based, to a great extent, on prompt receipt by Company of all necessary ordering information from Distributor. Distributor shall bear all costs of transportation and insurance and will promptly reimburse Company if Company prepays or otherwise pays for such expenses. Company shall not be in default by reason of any failure in its performance under this Agreement if such failure results from, whether directly or indirectly, fire, explosion, strike, freight embargo, Act of God or of the public enemy, war, civil disturbance, act of any government, de jure or de facto, or agency or official thereof, material or labor shortage, transportation contingencies, unusually severe weather, default of any other manufacturer or a supplier or subcontractor, quarantine, restriction, epidemic, or catastrophe, lack of timely instructions or essential information from Distributor, or otherwise arisen out of causes beyond the control of the Company. Nor shall the Company at any time be liable for any incidental, special or consequential damages. Commento [cg10]: Force majeure clause
Shipment. If any of the Major Components associated with any Unit is not Shipped on or before (with the prior approval of the Buyer) the Scheduled Major Component Shipment Date set forth in Attachment 1 for reasons attributable to the Seller and not excused elsewhere in this Contract, the Seller shall pay as liquidated damages, and not as a penalty, a sum calculated in accordance with the table below for each Unit for each day of delay after the Scheduled Major Component Shipment Date as set forth in Attachment 1 until actual Shipment of the last Major Component for such Unit: Days after Scheduled Major Component Shipment Date Liquidated Damages (per day or partial day) *** *** *** *** *** *** Such liquidated damages, if any, shall be computed based on the date of Shipment of the last Major Component for a given Unit and such computations shall disregard any part of or accessory to the Major Component which may be shipped separately and arrive later unless such part of or accessory to the Major Component is necessary for the installation of the Major Component.
Shipment. Buyer shall procure transportation for all Raw Product from the Originating Facility to the applicable destination.
Shipment. Intel shall provide shipping instructions to Micron, shall bear all shipping costs, and shall directly pay all shipping carriers. All Probed Wafers shall be prepared for shipment in a manner that: (a) follows good commercial practice; (b) is acceptable to common carriers for shipment at the lowest rate; and (c) is adequate to ensure safe arrival. If and to the extent directed by Intel, Micron will xxxx all containers with necessary lifting, handling, and shipping information, Purchase Order number, date of shipment, and the names of Intel and applicable customer. At Intel’s request, Micron will provide drop-shipment of Probed Wafers to Intel’s customers. Shipment may be provided by a subcontractor to Micron.
