Common use of Shipment and Delivery Clause in Contracts

Shipment and Delivery. Shipments will be made to the address of Distributor set forth in the applicable purchase order. Shipments will be made by truck. In the event Distributor requests express delivery or shipment by air instead of by truck or by courier service, Distributor agrees to pay all additional expenses required by such request. The Company will use commercially reasonable efforts to meet Distributor's requested delivery schedules for Products. The Company agrees to ship the ordered quantity of Products as soon as possible after receipt of the applicable purchase order. Unless otherwise specified in Distributor's purchase order, the Company shall be authorized to make deliveries in installments. Distributor shall make any claims for shortage or damage of Products with the common carrier promptly upon receipt of the order and provide the Company with written notice of such a claim. The Company will have no responsibility for Products damaged in shipment and Distributor must handle all claims for damage with the carrier. As between the Company and Distributor, Products shall be deemed accepted by Distributor unless, within two (2) days of delivery of the Products, Distributor affirmatively rejects the Products, by written notice detailing the reasons for rejections. The parties acknowledge that they may mutually agree in writing in the future that the foregoing period of time be modified. If no such notice of rejection is timely received, Distributor shall be deemed to have accepted delivery; provided, however, the acceptance of delivery shall in no way diminish or affect the product warranty given by the Company in Section 9 (Warranty). If Distributor rejects a shipment, Distributor shall promptly return a sample of the defective Product to the Company in accordance with the Company's instructions, to enable the Company to, within thirty (30) days, inspect and determine whether the Product is defective; provided that Distributor shall retain the rest of the Products pending such determination. It is Distributor's responsibility to store and handle properly all Products pending inspection and/or return. If rejection was timely effected and the Company determines the Products to be defective, the Company agrees to replace the Products or refund the amounts paid with respect to such defective Product which is to be returned to the Company, at the Company's option. Unless Distributor requests otherwise, all Products ordered by Distributor shall be packed for shipment and storage in accordance with the applicable purchase order. It is Distributor's obligation to notify the Company of any special packaging requirements (which shall be at Distributor's expense).

Shipment and Delivery. Shipments While SERVICE CONTRACTOR will use all reasonable commercial efforts to maintain the delivery and/or performance date(s) quoted by SERVICE CONTRACTOR, all shipping dates and/or performance date(s) are approximate and not guaranteed. SERVICE CONTRACTOR shall not be bound to tender delivery of any Goods, for which OWNER has not provided shipping instructions and other required information. If the shipment of the Goods is postponed or delayed by OWNER for any reason, OWNER agrees to reimburse SERVICE CONTRACTOR for any and all storage costs and other additional expenses resulting there from. Risk of loss and legal title shall pass from SERVICE CONTRACTOR to OWNER upon delivery to and receipt by carrier at SERVICE CONTRACTOR's shipping point. All shipments of Goods are F.O.B. SERVICE CONTRACTOR's shipping point. Any claims for shortages or damages suffered in transit are the responsibility of OWNER and shall be submitted by OWNER directly to the carrier. Shortages or damages must be identified and signed for at the time of delivery. LIMITED WARRANTY: The Goods are manufactured and inspected with care by experienced craftsmen. The Manufacturer warrants, for the period of ninety (90) days, each product to be free from defects in materials and workmanship. Repair, replacement, or appropriate adjustment at the Manufacturer's option will be furnished if the product, upon SERVICE CONTRACTOR's inspection, is found to be properly installed, maintained, and operated in accordance with Manufacturer's instruction manuals. The warranty does not apply to malfunctions caused by damage, unreason able to use, misuse, repair or service by unauthorized persons, or normal wear and tear. For more information regarding the specific Manufacturer's warranty coverage applicable to the Goods within this proposal, refer to the applicable Warranty Technical Publication, which will be made to the address of Distributor set forth in the applicable purchase order. Shipments will be made available by truck. In the event Distributor requests express delivery or shipment by air instead of by truck or by courier service, Distributor agrees to pay all additional expenses required by such SERVICE CONTRACTOR upon request. The Company will use commercially reasonable efforts to meet Distributor's requested delivery schedules for Products. The Company agrees to ship the ordered quantity of Products as soon as possible after receipt of the applicable purchase order. Unless otherwise specified in Distributor's purchase order, the Company shall be authorized to make deliveries in installments. Distributor shall make any claims for shortage or damage of Products with the common carrier promptly upon receipt of the order and provide the Company with written notice of such a claim. The Company will have no responsibility for Products damaged in shipment and Distributor must handle all claims for damage with the carrier. As between the Company and Distributor, Products shall be deemed accepted by Distributor unless, within two (2) days of delivery of the Products, Distributor affirmatively rejects the Products, by written notice detailing the reasons for rejections. The parties acknowledge that they may mutually agree in writing in the future that the foregoing period of time be modified. If no such notice of rejection is timely received, Distributor shall be deemed to have accepted delivery; provided, however, the acceptance of delivery shall in no way diminish or affect the product warranty given by the Company in Section 9 (Warranty). If Distributor rejects a shipment, Distributor shall promptly return a sample of the defective Product to the Company in accordance with the Company's instructions, to enable the Company to, within thirty (30) days, inspect and determine whether the Product is defective; provided that Distributor shall retain the rest of the Products pending such determination. It is Distributor's responsibility to store and handle properly all Products pending inspection and/or return. If rejection was timely effected and the Company determines the Products to be defective, the Company agrees to replace the Products or refund the amounts paid with respect to such defective Product which is to be returned to the Company, at the Company's option. Unless Distributor requests otherwise, all Products ordered by Distributor shall be packed for shipment and storage in accordance with the applicable purchase order. It is Distributor's obligation to notify the Company of any special packaging requirements (which shall be at Distributor's expense).

Shipment and Delivery. Shipments will be made to the business address of Distributor set forth above, unless a different delivery address is specified in the applicable purchase order. Shipments will be made by truck. In the event Distributor requests express delivery or shipment by air instead of by truck or by courier service, Distributor agrees to pay all additional expenses required by such request. The Company will use commercially reasonable efforts to meet Distributor's requested delivery schedules for Products. The Company agrees to ship the ordered quantity of Products as soon as possible within thirty (30) days after receipt of the applicable purchase order. Should orders for Products exceed the Company's available inventory, the Company will allocate its available inventory and make deliveries on such basis as the Company deems equitable. Unless otherwise specified in Distributor's purchase order, the Company shall be authorized to make deliveries in installments. Distributor shall make any claims for shortage or damage of Products with the common carrier promptly upon receipt of the order and provide the Company with written notice of such a claim. The Company will have no responsibility for Products damaged in shipment and Distributor must handle all claims for damage with the carrier. As between the Company and Distributor, Products shall be deemed accepted by Distributor unless, within two (2) days of delivery of the Products, Distributor affirmatively rejects the Products, by written notice detailing the reasons for rejections. The parties acknowledge that they may mutually agree in writing in the future that the foregoing period of time be modified. If no such notice of rejection is timely received, Distributor shall be deemed to have accepted delivery; provided, however, the acceptance of delivery shall in no way diminish or affect the product warranty given by the Company in Section 9 10 (Warranty). If Distributor rejects a shipment, Distributor shall promptly return a sample of the defective Product to the Company in accordance with the Company's instructions, to enable the Company to, within thirty (30) days, inspect and determine whether the Product is defective; provided that Distributor shall retain the rest of the Products pending such determination. It is Distributor's responsibility to store and handle properly all Products pending inspection and/or return. If rejection was timely effected and the Company determines the Products to be defective, the Company agrees to replace the Products or refund the amounts paid with respect to such defective Product which is to be returned to the Company, at the Company's option. Unless Distributor requests otherwise, all Products ordered by Distributor shall be packed for shipment and storage in accordance with the applicable purchase order. It is Distributor's obligation to notify the Company of any special packaging requirements (which shall be at Distributor's expense).

Shipment and Delivery. Shipments Except as provided in Section 19 (Compliance with Laws), shipments will be made to the address of Distributor set forth in the applicable purchase order. Shipments will be made by truck. In the event Distributor requests express delivery or shipment by air instead of by truck or by courier service, Distributor agrees to pay all additional expenses required by such request. The Company will use commercially reasonable efforts to meet Distributor's ’s requested delivery schedules for the CBD Products. The Company agrees to ship the ordered quantity of the CBD Products as soon as possible after receipt of the applicable purchase order. Unless otherwise specified in Distributor's ’s purchase order, the Company shall be authorized to make deliveries in installments. Distributor shall make any claims for shortage or damage of the CBD Products with the common carrier promptly upon receipt of the order and provide the Company with written notice of such a claim. The Company will have no responsibility for the CBD Products damaged in shipment and Distributor must handle all claims for damage with the carrier. As between the Company and Distributor, the CBD Products shall be deemed accepted by Distributor unless, within two (2) days of delivery of the CBD Products, Distributor affirmatively rejects the CBD Products, by written notice detailing the reasons for rejections. The parties acknowledge that they may mutually agree in writing in the future that the foregoing period of time be modified. If no such notice of rejection is timely received, Distributor shall be deemed to have accepted delivery; provided, however, the acceptance of delivery shall in no way diminish or affect the product warranty given by the Company in Section 9 11 (Warranty). If Distributor rejects a shipment, Distributor shall promptly return a sample of the defective Product to the Company in accordance with the Company's ’s instructions, to enable the Company to, within thirty (30) days, inspect and determine whether the CBD Product is defective; provided that Distributor shall retain the rest of the CBD Products pending such determination. It is Distributor's ’s responsibility to store and handle properly all of the CBD Products pending inspection and/or return. If rejection was timely effected and the Company determines the CBD Products to be defective, the Company agrees to replace the CBD Products or refund the amounts paid with respect to such defective CDB Product which is to be returned to the Company, at the Company's ’s option. Unless Distributor requests otherwise, all of the CBD Products ordered by Distributor shall be packed for shipment and storage in accordance with the applicable purchase order. It is Distributor's ’s obligation to notify the Company of any special packaging requirements (which shall be at Distributor's ’s expense).

Shipment and Delivery. Shipments All goods made the subject hereof are to be suitably prepared and packaged for shipment in accordance with good commercial practice so as to effect safe delivery and freedom from weather or other damage and to meet the carrier’s requirements. All damages to such goods occurring prior to delivery will be made charged to Vendor. No charges will be allowed for packing, crating or carriage unless stated in the Agreement. If, in order to comply with NBU’s required delivery date, it becomes necessary for Vendor to ship by a more expensive way than specified in the Agreement any such increased transportation costs shall be paid by Vendor. All deliveries shall be f.o.b point designated in these Additional Terms and Conditions or as specified in writing by NBU. Cost of all return shipments, for whatever reason returned, shall be borne by Vendor with title and risk of loss passing at NBU’s point of shipment, unless otherwise specified by NBU at the time of return. INSPECTION: NBU shall have a reasonable time after delivery or performance to inspect the items delivered or the services performed. All such items or services must conform to the address of Distributor specifications, instructions, drawings and data set forth in the applicable purchase orderAgreement and Service Agreement Addendum Number 1. Shipments will be made by truck. In NBU may reject and refuse acceptance of any items or services which do REJECTION OF MATERIALS AND WORKMANSHIP: NBU shall have the event Distributor requests express delivery right to reject furnished materials and workmanship that are defective or shipment by air instead of by truck or by courier service, Distributor agrees to pay all additional expenses required by such request. The Company will use commercially reasonable efforts otherwise fail to meet Distributor's requested delivery schedules for Products. The Company agrees to ship the ordered quantity of Products as soon as possible after receipt terms and conditions of the applicable purchase orderAgreement and require their correction. Unless otherwise specified in Distributor's purchase order, the Company Rejected goods shall be authorized satisfactorily replaced with proper materials without charge to make deliveries NBU, and Vendor shall promptly segregate and remove rejected materials from the point designated. If Vendor does not correct defective workmanship or replace the rejected materials within a reasonable time, NBU may do so and charge all costs, damages, fees, and expenses to Vendor including, without limitation actual, consequential and incidental damages. SHOP DRAWINGS, SUBMITTALS, QUALITY OF GOODS: Vendor shall confirm that all materials are in installments. Distributor shall make any claims for shortage or damage of Products strict accordance with the common carrier promptly upon receipt Agreement and Service Agreement Addendum Number 1. Where required, prior to shipment, Vendor shall provide shop drawings or submittals sufficient to demonstrate compliance with the Agreement for NBU’s review and approval. A failure of NBU during the progress of the order and provide the Company with written notice of such a claim. The Company will have no responsibility for Products damaged in shipment and Distributor must handle all claims for damage with the carrier. As between the Company and Distributor, Products shall be deemed accepted by Distributor unless, within two (2) days of delivery of the Products, Distributor affirmatively rejects the Products, by written notice detailing the reasons for rejections. The parties acknowledge that they may mutually agree in writing in the future that the foregoing period of time be modified. If no such notice of rejection is timely received, Distributor shall be deemed work to have accepted delivery; provided, however, the acceptance of delivery shall in no way diminish discover or affect the product warranty given by the Company in Section 9 (Warranty). If Distributor rejects a shipment, Distributor shall promptly return a sample of the defective Product to the Company reject materials not in accordance with the Company's instructions, to enable the Company to, within thirty (30) days, inspect and determine whether the Product is defective; Agreement shall not be deemed an acceptance thereof or a waiver of defects therein. No payment or use of goods provided that Distributor shall retain the rest of the Products pending such determination. It is Distributor's responsibility to store and handle properly all Products pending inspection and/or return. If rejection was timely effected and the Company determines the Products to be defective, the Company agrees to replace the Products or refund the amounts paid with respect to such defective Product which is to be returned to the Company, at the Company's option. Unless Distributor requests otherwise, all Products ordered by Distributor Vendor shall be packed for shipment and storage construed as an acceptance of materials which are not strictly in accordance with the applicable purchase orderAgreement. It NO DAMAGES FOR DELAY: Vendor shall have no right to claim any damages against NBU, including consequential or incidental damages, as a result of delay. Extension of time for Vendor’s performance is Distributor's obligation conditioned upon NBU’s approval of an extension of time to notify the Company contract or delays claimed by Vendor. Failure of Vendor to make a claim promptly shall be deemed a waiver of the right to a claim for an extension of time for the particular cause. TERMINATION: NBU may terminate this Agreement or any part thereof for cause in the event of any special packaging requirements default by Vendor, or if Vendor fails to comply with any of the terms and conditions of this Agreement. The Uniform Commercial Code of the State of Texas (which “UCC”) shall be at Distributor's expense)apply to NBU’s rights and remedies under commercial transactions. NBU reserves all rights, remedies, and warranties, express and implied, under the UCC. Vendor may not terminate this Agreement unless NBU fails to provide payment for goods and/or associated services expressly accepted by NBU. TAXES: NBU is exempted from all city, state, and federal excise taxes. DO NOT include tax on your invoice. NBU’s Federal ID Number is 00-0000000. However, NBU agrees taxes assessed on fuel purchases while using the fuel card(s) provided by Vendor are acceptable charges that NBU will fully reimburse to Vendor.

Shipment and Delivery. Shipments will be made to the address of Distributor set forth in the applicable purchase order. Shipments will be made by truck. In the event Distributor requests express delivery or shipment by air instead of by truck or by courier service, Distributor agrees to pay all additional expenses required by such request. The Company will use commercially reasonable efforts to meet Distributor's ’s requested delivery schedules for Products. The Company agrees to ship the ordered quantity of Products as soon as possible after receipt of the applicable purchase order. Unless otherwise specified in Distributor's ’s purchase order, the Company shall be authorized to make deliveries in installments. Distributor shall make any claims for shortage or damage of Products with the common carrier promptly upon receipt of the order and provide the Company with written notice of such a claim. The Company will have no responsibility for Products damaged in shipment and Distributor must handle all claims for damage with the carrier. As between the Company and Distributor, Products shall be deemed accepted by Distributor unless, within two (2) days of delivery of the Products, Distributor affirmatively rejects the Products, by written notice detailing the reasons for rejections. The parties acknowledge that they may mutually agree in writing in the future that the foregoing period of time be modified. If no such notice of rejection is timely received, Distributor shall be deemed to have accepted delivery; provided, however, the acceptance of delivery shall in no way diminish or affect the product warranty given by the Company in Section 9 (Warranty). If Distributor rejects a shipment, Distributor shall promptly return a sample of the defective Product to the Company in accordance with the Company's ’s instructions, to enable the Company to, within thirty (30) days, inspect and determine whether the Product is defective; provided that Distributor shall retain the rest of the Products pending such determination. It is Distributor's ’s responsibility to store and handle properly all Products pending inspection and/or return. If rejection was timely effected and the Company determines the Products to be defective, the Company agrees to replace the Products or refund the amounts paid with respect to such defective Product which is to be returned to the Company, at the Company's ’s option. Unless Distributor requests otherwise, all Products ordered by Distributor shall be packed for shipment and storage in accordance with the applicable purchase order. It is Distributor's ’s obligation to notify the Company of any special packaging requirements (which shall be at Distributor's ’s expense).