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.

Shipment and Inspection. Subject to any contrary terms contained in a PO which are expressly accepted by SellerFALCON, in writing, all Products are shipped F.O.B. Sellershipped B. FALCON’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 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 SellerFALCON, 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 FALCON 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 FALCON, expedited freight will not be the responsibility of FALCON after full production of the Products has occurred for 90 days.

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.

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.