Common use of Shipment and Inspection Clause in Contracts

Shipment and Inspection. Subject to any contrary terms contained in a PO which are expressly accepted by Seller, all Products are shipped F.O.B. Seller’s facility within thirty (30) days of tooling approval or PO completion and Buyer shall be responsible for arranging for and paying the carrier. Risk of loss and title shall pass to Buyer upon delivery to Xxxxx’s carrier. If Buyer fails to arrange for shipment of the Products within such thirty (30) day period, Seller shall be entitled to assess storage fees at a rate it determines in its reasonable discretion. The cost of any special packing or handling required by Buyer or the nature of the Products shall be borne by Buyer. Claims for damage, shortage or errors in shipping must be reported within two (2) days following delivery to Buyer. If Buyer has not previously approved the tooling, Buyer shall have ten (10) days from the date Buyer receives any products to inspect such products and services for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify Seller, in writing, of any defects, nonconformance or rejection of such Products. After such ten (10) day period, Buyer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, Buyer shall have no right to reject the Products for any reason or to revoke acceptance. Buyer hereby agrees that such period is a reasonable amount of time for such inspection. Buyer shall have no right to order any change or modification to any PO or otherwise cancel any PO without Seller's written consent and payment to Seller of all charges, expenses and reasonable profits owed to or incurred by Seller. Xxxxx agrees that Seller may over ship Products in any delivery in an amount not to exceed five percent (5%) of the total order quantity without penalty and with the right to bill for the entirety of such order.

Appears in 2 contracts

Samples: www.extremetool.com, www.extremetool.com

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Shipment and Inspection. Subject to any contrary terms contained in a PO which are expressly accepted by SellerWINZELER, in writing, all Products are shipped F.O.B. Seller’s XXXXXXXX’x facility within thirty (30) days of tooling approval or PO completion and Buyer shall be responsible for arranging for and paying the carrier. Risk of loss and title shall pass to Buyer upon delivery to Xxxxx’s carrier. If Buyer fails to arrange for shipment of the Products within such thirty (30) day period, Seller shall be entitled to assess storage fees at a rate it determines in its reasonable discretion. The cost of any special packing or handling required by Buyer or the nature of the Products shall be borne by Buyer. Claims for damage, shortage or errors in shipping must be reported within two five (25) days following delivery to Buyer. If Buyer has not previously approved the tooling, Buyer shall have ten thirty (1030) days from the date Buyer receives any products Products to inspect such products Products and services for defects and nonconformance which are not due to damage, shortage shortage, or errors in shipping and notify SellerWINZELER, in writing, of any defects, nonconformance nonconformance, or rejection of such Products. Buyer hereby agrees that such period is a reasonable amount of time for such inspection. After such ten thirty (1030) day period, Buyer shall be deemed to have irrevocably accepted the products, if not previously accepted. After such acceptance, Buyer shall have no right to reject the Products for any reason or to revoke acceptance. Buyer hereby agrees that such period is a reasonable amount of time for such inspection. Buyer shall have no right to order any change or modification to any PO or otherwise cancel any PO without Seller's written consent and payment to Seller of all charges, expenses and reasonable profits owed to or incurred by Seller. Xxxxx agrees that Seller WINZELER may over ship overship Products in any delivery in an amount not to exceed five percent (5%) of the total order quantity without penalty and with the right to bill for the entirety of such order. Absent gross negligence or willful misconduct on the part of WINZELER, expedited freight will not be the responsibility of WINZELER after full production of the Products has occurred for 90 days.

Appears in 1 contract

Samples: Terms and Conditions

Shipment and Inspection. Subject The terms and routing of shipment shall be as provided on the face hereof, or as Buyer otherwise directs. Shipment must be made in the quantity specified and over-shipments may be rejected at Buyer’s discretion. Buyer may revise shipping instructions as to any contrary terms contained in a PO which are expressly accepted by Seller, all Products are shipped F.O.B. Seller’s facility within thirty (30) days of tooling approval or PO completion and Buyer shall be responsible for arranging for and paying the carriergoods not then shipped. Risk of loss and title shall pass to Buyer upon delivery to Xxxxx’s carrier. If Buyer fails to arrange for shipment of the Products within such thirty (30) day period, Seller shall be entitled to assess storage fees at a rate it determines in its reasonable discretion. The cost of any special packing or handling required by Buyer or the nature of the Products shall be borne by Buyer. Claims for damage, shortage or errors in shipping must be reported within two (2) days following delivery to Buyer. If Buyer has not previously approved the tooling, Buyer shall have ten (10) days from the date Buyer receives any products right to inspect such products and services any or all of the goods upon Buyer’s receipt, which right shall be exercisable not withstanding Buyer’s having paid for defects and nonconformance which are the goods prior to inspection. Buyer, by reason of its failure to inspect the goods, shall not due to damage, shortage or errors in shipping and notify Seller, in writing, of any defects, nonconformance or rejection of such Products. After such ten (10) day period, Buyer shall be deemed to have irrevocably accepted any defective goods or goods which do not conform to the productsspecification therefor, if not previously accepted. After such acceptance, Buyer shall have no right to reject the Products for any reason or to revoke acceptance. Buyer hereby agrees that have waived any of Buyer’s rights or remedies arising by virtue of such period is a reasonable amount of time for such inspectiondefects or non-conformance. Buyer shall have be under no right duty to order any change examine merchandise prior to cutting, processing or modification to any PO altering same and Buyer’s examination, cutting, processing, altering or otherwise cancel any PO without Seller's written consent and payment to Seller of all charges, expenses and reasonable profits owed to or incurred by Seller. Xxxxx agrees that Seller may over ship Products in any delivery in an amount dealing with the merchandise shall not to exceed five percent (5%) be considered acceptance of the total order quantity without penalty merchandise so as to bar any rights of Buyer. Complaints, claims or notice of any defect or breach shall be considered to be timely made if made within fifteen (15) days after Buyer actually discovers or learns of the existence thereof. In addition to all other warranties, express or implied, Seller warrants that the merchandise will be as ordered, will not be defective, and with the right to bill will be fit for the entirety purpose for which sold. Where purchase is made on the basis of such ordera sample, Seller warrants that production deliveries will be the same as sample.

Appears in 1 contract

Samples: www.premera.com

Shipment and Inspection. Subject to any contrary terms contained in a PO which are expressly accepted by Seller, all Products product Deliverables are shipped F.O.B. Seller’s facility within thirty (30) days of tooling approval or PO completion and Buyer shall be responsible for arranging for and paying the carrier. Risk of loss and title shall pass to Buyer upon delivery to Xxxxx’s carrier. If Buyer fails to arrange for shipment of the Products within such thirty (30) day period, Seller shall be entitled to assess storage fees at a rate it determines in its reasonable discretion. The cost of any special packing or handling required by Buyer or the nature of the Products Deliverables shall be borne by Buyer. Claims for damage, shortage or errors in shipping must be reported within two (2) days following delivery to Buyer. If Buyer has not previously approved the tooling, Buyer shall have ten (10) days from the date Buyer receives any products Deliverables to inspect such products and services Deliverables for defects and nonconformance which are not due to damage, shortage or errors in shipping and notify Seller, in writing, of any defects, nonconformance or rejection of such ProductsDeliverables. After such ten (10) day period, Buyer shall be deemed to have irrevocably accepted the productsDeliverables, if not previously accepted. After such acceptance, Buyer shall have no right to reject the Products Deliverables for any reason or to revoke acceptance. Buyer hereby agrees that such period is a reasonable amount of time for such inspection. Buyer shall have no right to order any change or modification to any PO or otherwise cancel any PO without Seller's written consent and payment to Seller of all charges, expenses and reasonable profits owed to or incurred by Seller. Xxxxx agrees that Seller may over over-ship Products Deliverables in any delivery in an amount not to exceed five percent (5%) of the total order quantity without penalty and with the right to bill for the entirety of such order. IV.

Appears in 1 contract

Samples: Rapid Prototype and Manfacturing

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Shipment and Inspection. Subject Shipping documents must show the Purchase Order number. The terms and routing of shipment shall be as provided in the Purchase Order. Buyer may revise shipping instructions as to any contrary terms contained in a PO which are expressly accepted by Seller, goods not then shipped. Buyer shall have the right to inspect any and all Products are shipped F.O.B. of the goods at Seller’s facility within thirty (30) days of tooling approval plant or PO completion and Buyer upon Xxxxx’s receipt at Buyer’s election, which right shall be responsible exercisable notwithstanding Buyer’s having paid for arranging for and paying the carriergoods prior to inspection. Risk of loss and title shall pass to Buyer upon delivery to Xxxxx’s carrier. If Buyer fails to arrange for shipment of In the Products within such thirty (30) day period, Seller shall be entitled to assess storage fees at a rate it determines in its reasonable discretion. The cost of event any special packing surveillance inspection or handling required test is made by Buyer or any governmental entity, such as the nature United Kingdom Civil Aviation Authority, the European Aviation Safety Agency and the United States Federal Aviation Administration (in the case of items which will be used in an aviation product) on the premises of the Products shall be borne Seller, the Seller shall, without additional charge, provide all reasonable facilities and assistance for the safety and convenience of the inspector(s) in the performance of their duties. Buyer, by Buyer. Claims for damage, shortage or errors in shipping must be reported within two (2) days following delivery to Buyer. If Buyer has not previously approved the tooling, Buyer shall have ten (10) days from the date Buyer receives any products reason of its failure to inspect such products and services for defects and nonconformance which are the goods shall not due to damage, shortage or errors in shipping and notify Seller, in writing, of any defects, nonconformance or rejection of such Products. After such ten (10) day period, Buyer shall be deemed to have irrevocably accepted any defective goods or goods which do not conform to the productsspecifications therefor or to have waived any of Buyer’s rights or remedies arising by virtue of such defects or non-conformance. If any of the goods are defective or otherwise not in exact accordance with the requirements of this Purchase Order, if not previously accepted. After such acceptanceincluding any blueprints, Buyer shall have no right specifications, samples or instructions issued in connection herewith, Buyer, without prejudice to any of its other rights, may reject the Products goods for any reason full credit or to revoke acceptancemay fix the goods at Seller’s expense or may require prompt correction or replacement thereof by Seller or Buyer’s designee at Seller’s expense. Buyer hereby agrees that such period is a reasonable amount of time for such inspection. Buyer shall have no right to order any change or modification to any PO or otherwise cancel any PO without Should Seller's written consent and payment to Seller goods require rework for acceptance in accordance with the terms of all chargesthis Purchase Order, expenses and reasonable profits owed to or incurred by Seller. Xxxxx agrees that Seller may over ship Products in any delivery in an amount not to exceed five percent (5%) of the total order quantity without penalty and with reserves the right to bill require, and Xxxxxx agrees to pay to Buyer, compensation for reasonable charges to perform the entirety of such orderrework.

Appears in 1 contract

Samples: www8.garmin.com

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