Shipment Dates. Systems purchased by Xxxxxxxx hereunder shall be -------------- shipped and delivered to Xxxxxxxx on a monthly basis on or before the last day of each calendar month in accordance with the provisions of Section 3.4 below. Proton will use best efforts to meet the shipment dates for each accepted Purchase Order, but will not be liable for failure to do so (a) due to a Force Majeure Act or (b) so long as Xxxxxxxx is not in compliance with Section 4.3 relating to payment of the purchase price, or (c) to the extent the quantities of the Systems requested in such Purchase Order exceed [*****] of the Forecast for the subject month submitted by Xxxxxxxx prior to the end of the previous calendar quarter or [*****] of the largest quantity of Products purchased by Xxxxxxxx during any previous calendar quarter.
Shipment Dates. Shipment dates are estimates only. No contract will be made to ship in a specified time unless the Seller has a commitment in writing by an authorized representative of the manufacturer of the quoted material.
Shipment Dates. The first 100.000 MT 10% The next shipments for the remaining quantity as available subject to ship charter/loading availability within 14 calendar months from the issuance of the standby Letter of Credit.
Shipment Dates. Supplier will ship the Products by the firm shipping date and acknowledges that time is of the essence with respect to its obligations under this Agreement. Supplier will diligently monitor its performance against its obligations and agrees that the failure to perform such monitoring will constitute a material default of this Agreement. Supplier is allowed to have a [*****] grace period for delivery in advance of planned delivery dates; no late delivery grace period is allowed.
Shipment Dates. The following Shipment dates shall apply: Shipment plans that Contractor receives until 13:00, will be ready until the end of the same Day (except that on weekend days prior coordination will be required); Shipment plans that Contractor receives after 13:00, will be ready until the end of the next Day (except that on weekend days prior coordination will be required). Contractor's performance regarding the Shipment Date shall constitute a material obligation, and is an essential element in this Agreement.
Shipment Dates. Shipment Dates in an accepted Purchase Order are estimates only, provided that (i) AV will use reasonable commercial efforts to ship the Products on such Shipment Dates and (ii) AV shall notify DISTRIBUTOR within five (5) days prior to the Shipment Date if a Shipment Date cannot be met, advising DISTRIBUTOR of a new Shipment Date (the “New Shipment Date”). Failure to notify DISTRIBUTOR within such period shall be deemed as a confirmation of the Shipment Dates set forth in the Purchase Order. AV, in its discretion, may make shipments within two (2) days of the confirmed Shipment Dates, provided it notifies DISTRIBUTOR at least three (3) business days prior to the confirmed Shipment Date. If (i) the New Shipment Date is unacceptable to DISTRIBUTOR and/or Customer, or (ii) AV fails to deliver within two (2) days of the confirmed Shipment Dates, DISTRIBUTOR may withdraw the Purchase Order and not be obligated to purchase said Product.
Shipment Dates. Delivery dates set forth in any confirmation of purchase order shall be deemed to be estimated delivery dates only, and the Company shall not be liable to the Distributor or the Customers for any losses or damages whatsoever, including, without limitation, direct, indirect, special, consequential or incidental damages, that may arise out of the failure by the Company to deliver, or the prevention of, or delay in, the delivery of any Product shipment or any part thereof, due to any cause or reason whatsoever. The Company shall make reasonable efforts to timely fill and ship the Distributor's orders for Products. However, the Company shall not be liable in any respect for any failure or delay in any delivery due in whole or in part to such matters as shortage or curtailment of material, labor, transportation or utility services, or failure or delay by the Company's suppliers in making deliveries to it, whether due to labor or production difficulty or other causes or due to any other cause beyond the Company's reasonable control or without the Company's fault or negligence.
Shipment Dates. Anabolic shall use commercially reasonable efforts to ship Product at the shipment time set forth in the Purchase Order, which shall be no earlier than forty-five (45) days from the date of the Purchase Order. Notwithstanding the above, in the event of a need for the production of any Products to be expedited due to consumer demand, upon written notification from Twinlab, Anabolic shall utilize its commercially reasonable efforts to meet any production needs of Twinlab requiring less than 45 days notice. In the event Anabolic determines that it will be unable to ship any of the Products by the date specified in a Purchase Order, Anabolic shall promptly notify Twinlab of an expected late shipping date. Anabolic shall use commercially reasonable efforts, including the use of overtime, to make any late shipping within 14 days after the originally-scheduled shipping date and if such shipment cannot be made within such time, Twinlab may cancel such Purchase Order, with such Purchase Order being counted toward the Purchase Obligation under Section 3.2.
Shipment Dates. A purchase order from Distributor shall be necessary to initiate any shipment. Distributor will specify desired Product shipment dates in the purchase order. These shipment dates may not be scheduled prior to [***] days after the date the purchase order is received and acknowledged in writing by Company, unless by mutual consent of the Parties. In the case of the first order or if there is any change in the art-work, shipment dates may not be scheduled prior to one hundred and [***] days after the complete, officially signed and approved relevant art-work is received and accepted in writing by Company (and, if applicable, provided to Contract Manufacturer). Purchase orders from Distributor will be non-cancellable, except with the consent of Company, which the Company will not unreasonably withhold, or except as provided in Sections 4.8 or 4.11.
Shipment Dates. All ship dates quoted are “estimates”. All sales are FOB Shipping Point. No contract has been made to ship in a specified time, unless set forth in writing by an authorized representative of the Seller. Seller shall not be liable for any damages as a result of any delay or failure to deliver due to Buyer’s inability to satisfy Seller’s credit approval or due any cause beyond Seller’s reasonable control, including, but not limited to, any act of God or nature, act of Buyer, governmental act, accident, labor disturbances or unavailability, delay in production schedules of the manufacturing facilities, unavailability of materials or transporting difficulties. Seller is also entitled to make additional charges for special packaging, at its sole discretion, to protect goods or materials for safe delivery. Boxing is recommended on materials with finished surfaces. Special packaging will be quoted as a separate line item unless specifically stated otherwise to obtain necessary labor, materials or manufacturing facilities.
