SHIPMENT AND ACCEPTANCE Sample Clauses

SHIPMENT AND ACCEPTANCE. (A) ASE shall ship the Contract Products to the destinations identified by Motorola. Motorola shall acknowledge to ASE the receipt of each shipment of Contract Products, stating the quantity and type of, and any damages existing at delivery to, such Contract Products within * of receipt at Motorola's ultimate destination. At Motorola's request, ASE shall hold the contained (B) If Motorola rejects any Contract Products, Motorola and ASE shall confer to determine the reason for the rejection. ASE shall immediately exercise commercially reasonable efforts to develop and implement a corrective action plan for any errors, including manufacturing errors or defects, identified in its systems. All properly rejected Contract Products that are confirmed by ASE to be nonconforming may be returned to ASE for a refund at the purchase price stated in the applicable Supplement, plus Motorola's shipping cost, or may be retained by Motorola subject to a mutually agreed credit issued by ASE to be applied to future orders by Motorola. Title and risk of loss or damage to return merchandise authorization (RMA) material shall pass to ASE ExWorks (EXW) (Incoterms 1990) Motorola's dock.
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SHIPMENT AND ACCEPTANCE. Av-DEC may, at its sole discretion, ship products in accordance with instructions supplied by Buyer. If Buyer fails to furnish specific shipping instructions‚ Av-DEC may ship via its preferred commercial carrier. If Buyer is to arrange pick up of products and has not done so within seven (7) days after notification that they are ready for shipment‚ Av- DEC may ship the products via its preferred commercial carrier. If Buyer does not pay the carrier directly, Av-DEC will send Buyer an invoice for shipping costs, and Buyer will timely pay such costs. Packaging will be standard Av-DEC packaging, unless otherwise agreed by the parties and priced accordingly. Title to the products and risk of loss of the products will pass upon Av-DEC’s placement of the products with the carrier. By accepting products from the carrier‚ Buyer agrees that they are free of defects that a reasonably careful inspection would disclose.
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SHIPMENT AND ACCEPTANCE. (A) ASE shall ship the Contract Products to the destinations identified by Motorola. Motorola shall acknowledge to ASE the receipt of each shipment of Contract Products, stating the quantity and type of, and any damages existing at delivery to, such Contract Products within * * of receipt at Motorola's ultimate destination. At Motorola's request, ASE shall hold the Contract Products and delay shipment for up to thirty (30) calendar days. ASE shall certify to Motorola with each shipment that the Contract Products contained therein have successfully passed applicable testing and meet all specifications. Acceptance testing of the Contract Products delivered to Motorola shall be performed by Motorola within * of receipt. (B) If Motorola rejects any Contract Products, Motorola and ASE shall confer to determine the reason for the rejection. ASE shall immediately exercise commercially reasonable efforts to develop and implement a corrective action plan for any errors, including manufacturing errors or defects, identified in its systems. All properly rejected Contract Products that are confirmed by ASE to be nonconforming may be returned to ASE for a refund at the purchase price stated in the applicable Supplement, plus Motorola's shipping cost, or may be retained by Motorola subject to a mutually agreed credit issued by ASE to be applied to future orders by Motorola. Title and risk of loss or damage to return merchandise ------------------- * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. authorization (RMA) material shall pass to ASE ExWorks (EXW) (Incoterms 1990) Motorola's dock.
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SHIPMENT AND ACCEPTANCE. 4.1 The Existing Licensed Product Inventory shall be delivered in BioCryst’s appropriate shipping packaging to the carrier designated by CSL. Title and risk of loss or damage to Existing Licensed Product Inventory shall pass to CSL upon delivery by BioCryst to the designated carrier, FCA BioCryst’s designated shipping point. Without limiting the provisions of Section 2.2 regarding Product Cost, shipment of Existing Licensed Product Inventory will be ***, (A or B) destination advised by CSL (Incoterms 2010). 4.2 Upon receipt of any shipment of Existing Licensed Product Inventory by CSL, CSL shall promptly inspect or have inspected by its designee each shipment to determine whether there is a shortage in such shipment and to otherwise inspect such shipment for any failure to comply with the requirements set out in Section 3.1.1 above (“Defects”). In the event of a shortage or a Defect, CSL shall give written notice thereof to BioCryst within thirty (30) days of CSL’s receipt of such shipment. Such notice shall specify the shortage or the nature of the defect, as the case may be. Upon giving BioCryst such notification of shortage, CSL shall provide BioCryst with a reasonable opportunity to inspect the shipment. Upon giving BioCryst such notice of a Defect, CSL will have no obligation to pay for the defective portions of such shipment. If BioCryst disputes whether any portion of shipment is defective, expert determination will apply to resolve the dispute. BioCryst will deliver replacement Licensed Product within 2 weeks of a rejection by CSL of defective Licensed Product. If CSL later discovers latent Defects which were not discovered within the thirty (30) day inspection period set forth above, then CSL will provide notice of such latent Defects within thirty (30) days of discovery and BioCryst will promptly refund to CSL all payments for the defective products upon confirmation that such latent defects existed at the time of shipment. 4.3 If there is a shortage for which BioCryst is responsible, then without limiting any other rights available to CSL under this Agreement or at Law, the price to be paid by CSL for the shipment in question shall be correspondingly reduced. If the Parties fail to agree whether there is a shortage for which BioCryst is responsible within four (4) weeks after the receipt by BioCryst of CSL’s notice of shortage pursuant to Section 4.2, such dispute regarding the proper rejection of a shipment shall be submitted for resolution to ...
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SHIPMENT AND ACCEPTANCE. 6.1 API and Clinical Supplies shall be delivered in Servier’s appropriate shipping packaging to the designated carrier, CIP (according to the 2000 edition ICC Incoterms) an airport in the United States to be designated by XOMA in the applicable Purchase Order. Title to API and Clinical Supplies shall pass to XOMA upon loading on the designated aircraft. The terms of the sale shall be CIP (according to the 2000 edition ICC Incoterms). Servier shall provide XOMA such documents and assistance as XOMA reasonably requests to facilitate XOMA’s importation of the API and Clinical Supplies. XOMA will arrange for pick-up at the designated U.S. airport. 6.2 The Parties agree on the analytical methods for the Amlodipine API and the Perindopril API for the Initial Licensed Product listed in Appendix 6.2 attached to this Schedule 6. Not later than [*] days following the later of (i) the Effective Date or (ii) receipt by XOMA of all information from Xxxxxx reasonably necessary to agree on such analytical methods, the Parties shall agree on the analytical methods for the ACEON API and supplement Appendix 6.2 attached to this Schedule 6 to set forth such agreed analytical methods. XOMA and Servier shall endeavor in good faith to agree upon the appropriate analytical methods for additional API on an API-by-API basis as soon as practicable, and in any event no later than [*] days, after exercise by XOMA of the Option with respect to an Additional Combination Product containing such API and shall supplement Appendix 6.2 hereto to list such additional analytical methods. 6.3 The Parties agree on the analytical methods for the Clinical Supplies for the Initial Licensed Product listed in Appendix 6.2 attached to this Schedule 6. XOMA and Servier shall endeavor in good faith to agree upon the appropriate analytical methods for additional Clinical Supplies on an Additional Combination Product-by-Additional Combination Product basis as soon as practicable, and in any event no later than [*] days, after exercise by XOMA of the Option with respect to such Additional Combination Product and shall supplement Appendix 6.2 hereto to list such additional analytical methods. 6.4 XOMA or its designee shall validate all analytical methods promptly after such agreement and in no event later than [*] days after the transfer of the analytical methods to XOMA by Servier; provided, however, that such [*]-day period shall be extended by such reasonable period of time necessary for XOMA or its des...
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SHIPMENT AND ACCEPTANCE. A. Unless otherwise specified in the Agreement, Products will be shipped by the manufacturer or manufacturer’s distributor to the address listed as the principal place of business for Buyer on the first page of this Agreement. Products will be shipped FOB manufacturer’s or distributor’s warehouse. Any shipping charges incurred by Seller will be passed through to Buyer. For any Products shipped directly from Seller to Buyer, standard shipment is by UPS Ground, FOB Seller’s warehouse. Shipping charges for products shipped directly from Seller to Buyer will be prepay and add. Buyer may request expedited delivery for an additional charge. Title and risk of loss passes to Buyer upon delivery of Products to the carrier. B. Buyer shall inspect Products upon delivery and notify Seller within 15 days of delivery of any damaged Products received. It shall be Buyer’s responsibility to file any damage claim with the carrier. C. Buyer shall file claims for defective Products in accordance with the manufacturer’s policy. Seller will assist Buyer if requested. D. Seller will accept return of new, unopened, unconfigured Product for 30 days following delivery, subject to a 20% restocking fee. Custom made products and special order items cannot be returned. Software shall be deemed accepted by Buyer upon installation.
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SHIPMENT AND ACCEPTANCE. After Party A delivers the Contract Products to Party B, Party B shall acknowledge to Party A the receipt of each shipment of the Contract Products stating quantity, type, and shipment damages existing at delivery, within 7 days of receipt. Failure to acknowledge acceptance of the shipment within the above time limit shall constitute full acceptance of the shipment. Party A shall not be responsible for any claims relative to quantity and shipment damages made thereafter. Party A shall not be liable for any shipment damages.
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SHIPMENT AND ACCEPTANCE 
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Related to SHIPMENT AND ACCEPTANCE

  • Testing and Acceptance Within […***…] after RFM’s delivery of the IC Design File to ST, ST shall manufacture and deliver a commercially reasonable quantity of evaluation Product to RFM for evaluation testing. Upon RFM’s receipt of such Products from ST, RFM shall test such Products with the applicable Evaluation Software and in the applicable Evaluation Circuit Design to determine if the IC Design for such Products conforms to the applicable Specifications. Upon completion of such testing, RFM shall provide ST with the data from such testing (“Evaluation Data”). Upon ST’s receipt of the Evaluation Data, ST shall evaluate whether the Evaluation Data indicates that the IC Design conforms to the Specifications in all material respects. ST shall accept or reject the IC Design based on the Evaluation Data and shall give RFM written notice thereof within seven (7) calendar days after RFM’s delivery of the Evaluation Data to ST. An IC Design will be deemed accepted by ST if RFM has not received notification of rejection of such IC Design from ST within seven (7) calendar days after RFM’s delivery of the applicable Evaluation Data to ST. ST’s refusal to accept the IC Design must be reasonable, must be in writing and must be accompanied by a reasonably detailed description of the manner in which the IC Design fails to comply with the Specifications in all material respects (collectively, the “Deficiencies”) so that RFM can have the opportunity to correct the Deficiencies. If ST properly rejects the IC Design, RFM shall use commercially reasonable efforts to correct any Deficiencies and redeliver a corrected IC Design File within […***…] after RFM’s receipt of the rejection notice and the foregoing provisions set forth in this Section 3.3 shall be reapplied until the IC Design is accepted; provided, however, that upon the […***…] or any subsequent rejection, either party may terminate this Agreement upon thirty (30) calendar days prior written notice to the other party, unless the IC Design is accepted during such notice period.

  • Delivery and Acceptance All Software provided hereunder will be delivered electronically. We provide trial licenses of the Software for testing and pre-acceptance before purchase and therefore, delivery is deemed complete and accepted when such Software is made available to you. You are responsible for downloading, installing, registering, or otherwise using the Software.

  • INSPECTION AND ACCEPTANCE Cisco may reject any or all of the Work which does not conform to the applicable requirements within 10 business days of Supplier’s delivery of the Work. At Cisco’s option, Cisco may (i) return the non- conforming Work to Supplier for a refund or credit; (ii) requires Supplier to replace the non-conforming Work; or (iii) repair the non-conforming Work so that it meets the requirements. As an alternative to (i) through (iii), Cisco may accept the non-conforming Work conditioned on Supplier providing a refund or credit in an amount Cisco reasonably determines to represent the diminished value of the non-conforming Work. Cisco’s payment to Supplier for Work prior to Xxxxx’s timely rejection of such Work as non- conforming will not be deemed as acceptance by Xxxxx.

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