Common use of Shipment and Delivery Clause in Contracts

Shipment and Delivery. 5.1 Indicated or “promised” Delivery Dates, Shipment Dates and Completion Dates are estimates and assume, among other things, timely receipt from Buyer and others of any necessary information, conforming raw materials, and tooling, and of any required advance payment. Timken’s failure to meet an indicated Delivery Date or Completion Date will not constitute a breach of the Agreement. (The “Delivery Date” is the date upon which Timken has satisfied the applicable Incoterms 2010 delivery obligation. The “Completion Date” is the date upon which Timken has substantially completed performing the Services that are subject of an order.) Timken will be excused from any performance obligation to the extent Timken’s performance is prevented or delayed by a cause or event beyond its reasonable control, including an act of God, action of governmental authorities (valid or invalid), fire, flood, windstorm, explosion, riot, natural disaster, war, sabotage, labor problems (including lockouts, strikes, slowdowns), failure of or inability to obtain power, material, labor, equipment or transportation, and a court or administrative injunction or order. If Timken’s production or delivery is delayed, Timken may allocate production and delivery among its customers in a manner it deems reasonable.

Shipment and Delivery. 5.1 Indicated or “promised” Delivery Dates, Shipment Dates and Completion Dates are estimates and assume, among other things, timely receipt from Buyer and others of any necessary information, conforming raw materials, and tooling, and of any required advance payment. Timken’s failure to meet an indicated Delivery Date or Completion Date will not constitute a breach of the Agreement. (The “Delivery Date” is the date upon which Timken has satisfied the applicable Incoterms 2010 2020 delivery obligation. The “Completion Date” is the date upon which Timken has substantially completed performing the Services that are subject of an order.) Timken will be excused from any performance obligation to the extent Timken’s performance is hindered, prevented or delayed by a cause or event beyond its reasonable control, including an act of God, action of governmental authorities (valid or invalid), fire, flood, windstorm, explosion, riot, natural disaster, disease, epidemic, war, sabotage, labor problems (including lockouts, strikes, slowdowns), failure of or inability to obtain power, material, labor, equipment or transportation, and a court or administrative injunction or order. If Timken’s production or delivery is delayed, Timken may allocate production and delivery among its customers in a manner it deems reasonable.

Shipment and Delivery. 5.1 Indicated or “promised” Delivery Dates, Shipment Dates and Completion Dates are estimates and assume, among other things, timely receipt from Buyer and others of any necessary information, conforming raw materials, and tooling, and of any required advance payment. Timken’s Timken Belts’ failure to meet an indicated Delivery Date or Completion Date will not constitute a breach of the Agreement. (The “Delivery Date” is the date upon which Timken Belts has satisfied the applicable Incoterms 2010 2020 delivery obligation. The “Completion Date” is the date upon which Timken Belts has substantially completed performing the Services that are subject of an order.) Timken Belts will be excused from any performance obligation to the extent Timken’s Timken Belts’ performance is hindered, prevented or delayed by a cause or event beyond its reasonable control, including an act of God, action of governmental authorities (valid or invalid), fire, flood, windstorm, explosion, riot, natural disaster, disease, epidemic, war, sabotage, labor problems (including lockouts, strikes, slowdowns), failure of or inability to obtain power, material, labor, equipment or transportation, and a court or administrative injunction or order. If Timken’s Timken Belts’ production or delivery is delayed, Timken Belts may allocate production and delivery among its customers in a manner it deems reasonable.

Shipment and Delivery. 5.1 6.1 Indicated or “promised” Delivery Dates, Shipment Dates and Completion Dates are estimates and assume, among other things, timely receipt from Buyer and others of any necessary information, conforming raw materials, and tooling, and of any required advance payment. Timken’s failure to meet an indicated Delivery Date or Completion Date will not constitute a breach of the Agreement. (The “Delivery Date” is the date upon which Timken has satisfied the applicable Incoterms 2010 2020 delivery obligation. The “Shipment Date” is the date upon which Timken has completed the applicable order and made the Products available for shipment, regardless of the applicable Incoterms 2020 delivery term. The “Completion Date” is the date upon which Timken has substantially completed performing the Services that are subject of an order.) Timken will be excused from any performance obligation to the extent Timken’s performance is hindered, prevented or delayed by a cause or event beyond its reasonable control, including an act of God, action of governmental authorities (valid or invalid), fire, flood, windstorm, explosion, riot, natural disaster, disease, epidemic, war, sabotage, labor problems (including lockouts, strikes, slowdowns), failure of or inability to obtain power, material, labor, equipment or transportation, and a court or administrative injunction or order. If Timken’s production or delivery is delayed, Timken may allocate production and delivery among its customers in a manner it deems reasonable.

Shipment and Delivery. 5.1 Indicated or “promised” Delivery Dates, Shipment Dates and Completion Dates are estimates and assume, among other things, timely receipt from Buyer and others of any necessary information, conforming raw materials, and tooling, and of any required advance payment. TimkenSeller’s failure to meet an indicated Delivery Date or Completion Date will not constitute a breach of the Agreement. (The “Delivery Date” is the date upon which Timken Seller has satisfied the applicable Incoterms 2010 2020 delivery obligation. The “Completion Date” is the date upon which Timken Seller has substantially completed performing the Services that are subject of an order.) Timken Seller will be excused from any performance obligation to the extent TimkenSeller’s performance is hindered, prevented or delayed by a cause or event beyond its reasonable control, including an act of God, action of governmental authorities (valid or invalid), fire, flood, windstorm, explosion, riot, natural disaster, disease, epidemic, war, sabotage, labor problems (including lockouts, strikes, slowdowns), failure of or inability to obtain power, material, labor, equipment or transportation, and a court or administrative injunction or order. If TimkenSeller’s production or delivery is delayed, Timken Seller may allocate production and delivery among its customers in a manner it deems reasonable.

Shipment and Delivery. 5.1 Indicated or “promised” Delivery Dates, Shipment Dates and Completion Dates are estimates and assume, among other things, timely receipt from Buyer and others of any necessary information, conforming raw materials, and tooling, and of any required advance payment. Timken’s failure to meet an indicated Delivery Date or Completion Date will not constitute a breach of the Agreement. (The “Delivery Date” is the date upon which Timken has satisfied the applicable Incoterms 2010 2020 delivery obligation. The “Completion Date” is the date upon which Timken has substantially completed performing the Services that are subject of an order.) Timken will be excused from any performance obligation to the extent Timken’s performance is hindered, prevented or delayed by a cause or event beyond its reasonable control, including an act of God, action of governmental authorities (valid or invalid), fire, flood, windstorm, explosion, riot, natural disaster, disease, epidemic, war, sabotage, labor problems (including lockouts, strikes, slowdowns), failure of or inability to obtain power, material, labor, equipment or transportation, and a court or administrative injunction or order. If Timken’s production or delivery is delayed, Timken may allocate production and delivery among its customers in a manner it deems reasonable.

Shipment and Delivery. 5.1 Indicated or “promised” Delivery Dates, Shipment Dates and Completion Dates are estimates and assume, among other things, timely receipt from Buyer and others of any necessary information, conforming raw materials, and tooling, and of any required advance payment. TimkenTimkenSteel’s failure to meet an indicated Delivery Date or Completion Date will not constitute a breach of the Agreement. (The “Delivery Date” is the date upon which Timken TimkenSteel has satisfied the applicable Incoterms 2010 delivery obligation. The “Completion Date” is the date upon which Timken TimkenSteel has substantially completed performing the Services that are the subject of an order.) Timken TimkenSteel will be excused from any performance obligation to the extent Timken’s its performance is prevented or delayed by a cause or event beyond its reasonable control, including an act of God, action of governmental authorities (valid or invalid), fire, flood, windstorm, explosion, riot, natural disaster, war, terrorism, sabotage, labor problems (including lockouts, strikes, slowdowns), failure of or inability to obtain power, material, labor, equipment or transportation, and a court or administrative injunction or order. If TimkenTimkenSteel’s production or delivery is delayed, Timken TimkenSteel may allocate production and delivery among its customers in a manner it deems reasonable.

Shipment and Delivery. 5.1 Indicated or “promised” Delivery Dates, Shipment Dates and Completion Dates are estimates and assume, among other things, timely receipt from Buyer and others of any necessary information, conforming raw materials, and tooling, and of any required advance payment. Timken’s Xxxxxxx’x failure to meet an indicated Delivery Date or Completion Date will not constitute a breach of the Agreement. (The “Delivery Date” is the date upon which Timken Xxxxxxx has satisfied the applicable Incoterms 2010 2020 delivery obligation. The “Completion Date” is the date upon which Timken Xxxxxxx has substantially completed performing the Services that are subject of an order.) Timken Xxxxxxx will be excused from any performance obligation to the extent Timken’s Xxxxxxx’x performance is hindered, prevented or delayed by a cause or event beyond its reasonable control, including an act of God, action of governmental authorities (valid or invalid), fire, flood, windstorm, explosion, riot, natural disaster, disease, epidemic, war, sabotage, labor problems (including lockouts, strikes, slowdowns), failure of or inability to obtain power, material, labor, equipment or transportation, and a court or administrative injunction or order. If Timken’s Xxxxxxx’x production or delivery is delayed, Timken Xxxxxxx may allocate production and delivery among its customers in a manner it deems reasonable.

Shipment and Delivery. 5.1 Indicated or “promised” Delivery Dates, Shipment Dates and Completion Dates are estimates and assume, among other things, timely receipt from Buyer and others of any necessary information, conforming raw materials, and tooling, and of any required advance payment. Timken’s Xxxxxxx’x failure to meet an indicated Delivery Date or Completion Date will not constitute a breach of the Agreement. (The “Delivery Date” is the date upon which Timken Xxxxxxx has satisfied the applicable Incoterms 2010 delivery obligation. The “Completion Date” is the date upon which Timken Xxxxxxx has substantially completed performing the Services that are subject of an order.) Timken Xxxxxxx will be excused from any performance obligation to the extent Timken’s Xxxxxxx’x performance is prevented or delayed by a cause or event beyond its reasonable control, including an act of God, action of governmental authorities (valid or invalid), fire, flood, windstorm, explosion, riot, natural disaster, war, sabotage, labor problems (including lockouts, strikes, slowdowns), failure of or inability to obtain power, material, labor, equipment or transportation, and a court or administrative injunction or order. If Timken’s Xxxxxxx’x production or delivery is delayed, Timken Xxxxxxx may allocate production and delivery among its customers in a manner it deems reasonable.

Shipment and Delivery. 5.1 Indicated or “promised” Delivery Dates, Shipment Dates and Completion Dates are estimates and assume, among other things, timely receipt from Buyer and others of any necessary information, conforming raw materials, and tooling, and of any required advance payment. TimkenPT Tech’s failure to meet an indicated Delivery Date or Completion Date will not constitute a breach of the Agreement. (The “Delivery Date” is the date upon which Timken PT Tech has satisfied the applicable Incoterms 2010 delivery obligation. The “Completion Date” is the date upon which Timken PT Tech has substantially completed performing the Services that are subject of an order.) Timken PT Tech will be excused from any performance obligation to the extent TimkenPT Tech’s performance is prevented or delayed by a cause or event beyond its reasonable control, including an act of God, action of governmental authorities (valid or invalid), fire, flood, windstorm, explosion, riot, natural disaster, war, sabotage, labor problems (including lockouts, strikes, slowdowns), failure of or inability to obtain power, material, labor, equipment or transportation, and a court or administrative injunction or order. If TimkenPT Tech’s production or delivery is delayed, Timken PT Tech may allocate production and delivery among its customers in a manner it deems reasonable.