Shipment Date. Per Section 2.3 above, the scheduled shipment date for Wafers will be specified by MEMC in the MEMC Order Acknowledgment.
Shipment Date. Per Section 2.03 above, the scheduled shipment date for Modules will be specified by SunSpark in the SunSpark Order Acknowledgment.
Shipment Date. The shipment date specified in the Order Documentation, if any, is dependent upon the lead-time as discussed above and is, thus, approximate. Seller will endeavor to make shipment of orders as scheduled, but Seller reserves the right to adjust shipment dates.
Shipment Date. Upon acceptance of a purchase order, McDATA will provide Reseller with an estimated delivery date. McDATA will upon Reseller's request ship/deliver Products within [*] after receipt of Reseller's purchase order (ARO) for forecasted quantities of Products. If Reseller requires quantities in excess of the forecast or shipment lead times less than [*], McDATA will use its reasonable commercial efforts to comply with such request.
Shipment Date. BUYER shall have the ability to adjust the delivery dates of the Product within [***] from the original delivery date specified in the applicable PO, as long as such adjustment is made [***] from the original scheduled delivery date. Such adjusted delivery dates are subject to approval by SELLER, which will not be unreasonably withheld, conditioned or delayed.
Shipment Date. AVS shall not be liable for any delay affecting delivery. Shipment and delivery dates are approximate and are based on AVS’s best estimate as to AVS’s ability to fulfill an order, and is not a schedule guarantee. The delivery period quoted shall only apply after complete clarification of all technical details, Buyer approval of an AVS general arrangement drawing if supplied and receipt of a down payment, or irrevocable letter of credit and import license or other documents, necessary to initiate the order. AVS shall have no liability to Buyer or any third party for any loss, damage, or expense from any delay or failure to meet the estimated schedule.
Shipment Date. Unless otherwise expressly provided in the Order, any shipment date for the Goods is a desired and not a promised date. Xxxxx will make all reasonable efforts to meet the shipment schedule set forth in the Order but shall not be liable for failure to do so. Notwithstanding anything provided in the Order to the contrary, Xxxxx shall not be liable for any damage to or loss of the Goods or any delay in or failure to ship, deliver, erect, install, service, repair or replace the Goods arising from shortage of raw materials, failure of suppliers to make timely delivery, labor disputes of any kind, fire, windstorm, flood, theft, war, embargoes, governmental acts or rulings, loss or damage or delays in carriage, acts of God, or any other circumstances beyond Xxxxx’ control. Xxxxx shall have the right to make partial shipments. Each partial shipment shall be deemed a separate sale and payment for the goods in the partial shipment shall become due in accordance with the terms of payments set forth in the Order on a prorated basis.
Shipment Date. MICROART shall use commercially reasonable efforts to deliver all Products by the applicable Delivery Date, and failure to do so shall be deemed a breach of this Agreement. Upon the occurrence of any event which, in MICROART’s reasonable discretion, makes such delivery impracticable or unreasonable, MICROART shall notify TIVIC immediately, and the parties shall negotiate in good faith to agree to an updated Delivery Date that is reasonably acceptable to both parties. In the event that MICROART fails to deliver the Products by the applicable Delivery Date and the parties are unable come to an agreement with respect to an updated Delivery Date in accordance with the terms of this Section 3.3, MICROART shall be responsible for all losses or damages incurred by TIVIC as a result of the delay in its shipment thereof.
Shipment Date. The date as of which Product is shipped by StorMedia for delivery to Seagate.
Shipment Date. Convergent shall use reasonable efforts to ship the Products on the shipment date requested in the Customer's purchase order. Convergent shall not be liable for any loss, expense or damage incurred by the Customer if Convergent fails to meet the specified delivery date. Convergent reserves the right to allocate shipment of Products among its purchasers and to make partial shipments. Notwithstanding the foregoing, partial shipments shall only be made with previous written approval from the Customer.
