Shipment and Delivery Requirements. Unless otherwise expressly agreed to by the Parties, SBA shall deliver the Goods to the Delivery Point, using SBA’s standard methods for packaging and shipping the Goods. SBA may, in agreement with Distributor, without liability or penalty, make partial shipments of Goods, each of which constitutes a separate sale, and Distributor shall pay for the units shipped in accordance with the payment terms specified in Section 3.3 whether such shipment is in whole or partial fulfillment of a Purchase Order. Any time quoted for delivery is an estimate only. All Prices are based on Intercoms 2010 and are FCA at the DSV Logistics Centre in Ghent, Belgium FOB SBA’s shipping point in Xiamen, China or, in respect of tennis balls only, Bangkok in Thailand. Distribution Agreement September 2020 5
Shipment and Delivery Requirements. Seller shall use commercially reasonable efforts to assemble, xxxx, xxxx and ship Licensed Products in the quantities, by the methods, to the Delivery Locations and by the Delivery Dates, specified in this Agreement or in an applicable Purchase Order or Release. Delivery times will be measured to the time that Licensed Products are actually received at the Delivery Location. If Seller does not comply with any of its delivery obligations under this Section 4, Buyer may, in Buyer’s sole discretion and at Seller’s sole cost and expense: (a) approve a revised Delivery Date; (b) require expedited or premium shipment; or (c) cancel the applicable Purchase Order. Unless otherwise expressly agreed to by the Parties in writing, Seller may not make partial shipments of Licensed Products to Buyer Purchasing Parties.
Shipment and Delivery Requirements. Unless otherwise expressly agreed to by the Parties, SBA shall deliver the Goods to the Delivery Point, using SBA’s standard methods for packaging and shipping the Goods. SBA may, in agreement with Distributor, without liability or penalty, make partial shipments of Goods, each of which constitutes a separate sale, and Distributor shall pay for the units shipped in accordance with the payment terms specified in Section 3.3 whether such shipment is in whole or partial fulfillment of a Purchase Order. Any time quoted for delivery is an estimate only. All Prices are based on Intercoms 2010 and are FOB SBA’s shipping point in Xiamen or Hong Kong, China or Bangkok in Thailand.
Shipment and Delivery Requirements. Unless otherwise expressly agreed to by the Parties, Seller shall deliver the Products to a shipping company at Seller’s facility, using Seller's standard methods for packaging and shipping the Products. Seller may, in its sole discretion, without liability or penalty, make partial shipments of Products, each of which constitutes a separate sale, and Distributor shall pay for the units shipped in accordance with the payment terms specified in 54.3 whether such shipment is in whole or partial fulfillment of a Purchase Order, provided, however, that if partial shipments are made, Seller shall re-imburse to Distributor the difference between the transportation costs which Distributor has paid for all partial shipments and the transportation costs which Distributor would have had to pay if all the partial shipments would have been made in one shipment. Seller will use commercially reasonable efforts to timely provide the Products for shipment to meet the times quoted for delivery.
Shipment and Delivery Requirements. Time, quantity and delivery to the Delivery Location are of the essence under this Agreement. Fastrain shall procure materials for, fabricate, assemble, xxxx, xxxx and ship Products strictly in the quantities, by the methods, to the Delivery Locations and by the Delivery Dates, specified in this Agreement or in an applicable Purchase Order or Release. Delivery times will be measured to the time that Products are actually received at the Delivery Location. If Fastrain does not comply with any of its delivery obligations under this Section 4, EMCORE may, following good faith discussion with Fastrain and at Fastrain's sole cost and expense, (a) approve a revised Delivery Date, (b) require expedited or premium shipment, or (c) cancel the Purchase Order applicable to the delayed Product and obtain similar goods from other sources (and all such Products will be deemed to have been purchased under this Agreement for purposes of satisfying EMCORE's quantity requirements hereunder), with Fastrain being liable for additional costs to EMCORE associated with such purchase. Unless otherwise expressly agreed to by the Parties in writing, Fastrain may not make partial deliveries of Products to EMCORE. Fastrain shall inform EMCORE of any anticipated delivery delay as promptly as possible, and in any event at least five Days prior to the scheduled Delivery Date. Notwithstanding anything to the contrary contained in this Agreement, Fastrain shall not take responsibility for delay in delivery directly resulting from any breach of any representation or warranty made with respect to the Purchased Assets by EMCORE in the New Asset Purchase Agreement.
Shipment and Delivery Requirements. Subject to Section 14.20, time, quantity and delivery to the Delivery Location are of the essence under this Agreement. Seller shall procure materials for the Products and ship Products strictly in the quantities, by the methods, to the Delivery Locations and by the Delivery Dates, specified in the applicable Purchase Orders and Confirmations, at its sole cost, provided that if there are any discrepancies between the Delivery Date stated in a Purchase Order and a Confirmation, the date stated in the Purchase Order shall prevail. Delivery times shall be measured to the time that the Products are actually received at the Delivery Location specified in the applicable Purchase Order.
Shipment and Delivery Requirements. Time, quantity and delivery to the delivery location specified by Buyer are of the essence under this Agreement. Delivery times will be measured to the time that Products are actually received at the delivery location specified by Buyer. If Supplier does not comply with any of its delivery obligations under this Section 4, Buyer may, in Buyer’s sole discretion and at Supplier’s sole cost and expense, (a) approve a revised delivery date, (b) require expedited or premium shipment, or (c) cancel the applicable purchase order and obtain similar goods from other sources Unless otherwise expressly agreed to by the Parties in writing, Supplier may not make partial shipments of Products to Buyer.
Shipment and Delivery Requirements. (a) Time, quantity, and delivery to the Delivery Location are of the essence under this Agreement. Seller shall procure materials for, fabricate, assemble, pxxx, xxxx, and ship Covered Products strictly in the quantities, by the methods, to the Delivery Locations and by the Delivery Dates, specified in this Agreement or in an applicable Purchase Order or Release. Delivery times will be measured to the time that Covered Products are actually received at the Delivery Location. If Seller does not comply with any of its delivery obligations under this Section 4, Buyer may, in Buyer’s sole discretion and at Seller’s sole cost and expense, (i) approve a revised Delivery Date, (ii) require expedited or premium shipment, or (iii) cancel the applicable Purchase Order and obtain similar goods from other sources (and all such Covered Products will be deemed to have been purchased under this Agreement for purposes of satisfying Buyer’s quantity requirements hereunder). Unless otherwise expressly agreed to by the Parties in writing, Seller may not make partial shipments of Covered Products to Buyer.
(b) The Buyer shall pay all shipping costs for Covered Products sold to Buyer. The Buyer is responsible for collection and pickup of all Covered Products within 28 days of the production completion date.
(c) In the event that Buyer shall have the right to cancel any Purchase Order pursuant to this Section 4 by reason of Seller’s failure to make timely delivery by the relevant Delivery Date of the Covered Products set forth in this Agreement or in the applicable Purchase Order, then and in such event, Seller shall, at the request of Buyer, either (i) refund to Buyer in full the Price previously paid for such Covered Products as contemplated by such Purchase Order, or (ii) provide Buyer with a credit against the next succeeding payments for Covered Products subsequently ordered by Bxxxx from the Seller.
Shipment and Delivery Requirements. Time, quantity, and delivery to the street address in the applicable Purchase Order (the “Delivery Location”) are of the essence under this Agreement. Seller shall assemble, xxxx, xxxx, and ship Goods strictly in the quantities, by the methods, to the Delivery Locations, and by the date that is set forth in a Purchase Order, which must be a day other than a Sunday, or a federal holiday (each, a “Delivery Date”), specified in this Agreement. Delivery times will be measured to the time that Goods are actually received at the Delivery Location. If Seller does not comply with any of its delivery obligations under this Section, without limiting Buyer's other rights under this Agreement or applicable law, Buyer may, in Buyer's sole discretion and at Seller's sole cost and expense: (i) approve a revised Delivery Date; or (ii) require expedited or premium shipment; or (iii) reject the entire shipment with no penalty to Buyer (in cases of late delivery). Unless otherwise expressly agreed to by the Parties in writing, Seller may not make partial shipments of Goods to Buyer.
Shipment and Delivery Requirements. Seller shall assemble, xxxx, xxxx, and ship Goods strictly in the quantities, by the methods, to the Delivery Locations, and by the Delivery Dates, specified in the applicable Purchase Order or this Agreement. Delivery times will be measured to the time that goods are actually received at the Delivery Location. Subject to Section 17.16, time, quantity, and delivery to the Delivery Location are of the essence of this Agreement. If Seller fails to comply with any of its delivery obligations under this Section 7.01, Master Distributor may, without limiting Master Distributor’s other rights under this Agreement or applicable Law, in Master Distributor’s sole discretion and at Seller’s sole cost and expense: (a) approve a revised Delivery Date or (b) require expedited or premium shipment. Unless otherwise expressly agreed by the Parties in writing, Seller may not make partial shipments of goods to Master Distributor.
