SHIPMENT, DELIVERY AND ACCEPTANCE a. Seller shall deliver the Materials according to the Incoterm as agreed in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully package the Materials for shipment. Any loss or damage, whenever occurring, which results from Seller’s improper packaging or crating shall be borne by Seller. Notwithstanding anything in the foregoing to the contrary, title to and risk of loss of the Materials shall pass to Buyer only upon receipt of the same by Xxxxx, and any rightful rejection or revocation of any Materials by Xxxxx shall immediately shift the risk of loss of such Materials, wherever located, to Seller.
b. All items shipped shall be properly identified with Buyer’s Order number and any Order item number or other identification number shown. Seller accepts full responsibility for the completeness and accuracy of all transport and customs documentation (“Shipping Documents”) provided to Buyer. Seller accepts any liabilities resulting from incomplete or inaccurate data on Shipping Documents or failure to comply with any import or exportrequirements.
c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Materials after the same have been delivered to Xxxxx’s premises. Buyer shall not be deemed to have accepted any such Materials until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Materials consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to be defective. Upon rejection or revocation of acceptance of any Materials, Seller promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s expense, including all shipping costs. Buyer’s failure to inspect or reject Materials, or payment for Materials, shall not relieve Seller of any of its obligations hereunder or constitute awaiver of any of Buyer’s rights hereunder.
SHIPMENT, DELIVERY AND ACCEPTANCE. 3.1 Packaging and method of shipment utilized by Imagenetix shall be consistent with the nature of the Product shipped and hazards of transportation, in order to assure safe transit to destination.
3.2 Vibrant's purchase order number and item numbers will appear on all invoices and packing slips and be referenced on all correspondence regarding such.
3.3 Vibrant's acceptance of any Product delivered hereunder shall be considered complete unless notification is given to Imagenetix within forty-five (45) days.
SHIPMENT, DELIVERY AND ACCEPTANCE. LIFECOMM will use commercially reasonable efforts to meet desired shipment dates specified in an accepted purchase order that are consistent with applicable manufacturing lead times, and under no circumstances shall LIFECOMM be liable for any delays in shipment caused by AMAC or by third parties. Partial shipments will be allowed in the case where LIFECOMM is unable to fulfill the full order requirements. Delivery will be made FCA LIFECOMM (or its designated representative’s) facilities (Incoterms 2000). Title (excluding Intellectual Property Rights) to the Devices ordered by AMAC will pass to AMAC upon delivery to a common carrier by LIFECOMM. LIFECOMM will retain all Intellectual Property Rights in the Devices. Without limiting the express warranties set forth in Subsection 10.2 (Warranties by LIFECOMM), all shipments will be deemed accepted upon delivery to a common carrier by LIFECOMM at the foregoing shipping point.
SHIPMENT, DELIVERY AND ACCEPTANCE. 14.1 Alvotech shall notify ADVANZ of the Collection Date at least [***] prior to the Collection Date. Alvotech shall deliver each Confirmed Order (together with the packing list and invoice) to ADVANZ on the Collection Date.
14.2 All Products shall be delivered EXW (INCOTERMS 2020), the Delivery Facility. If ADVANZ requires transport to be arranged from the Delivery Facility to ADVANZ’s nominated destination, then Alvotech may arrange such transport for ADVANZ subject to a [***]% surcharge. The cost of such transport (including insurance) shall be reimbursed, and the surcharge shall be paid by ADVANZ to Alvotech within [***] from the correspondent invoice date. Alternatively, ADVANZ shall make its own transport arrangements as it wishes at its own cost.
14.3 Alvotech shall provide ADVANZ, together with each shipment, a certificate of analysis and/or other certificate that is necessary to confirm that the Products then delivered conforms with their respective Specifications and the Technical Agreement.
14.4 Should ADVANZ determine that any Product supplied is not in accordance with its Specifications, ADVANZ shall notify Alvotech in writing of any visual defect or deficiency (which could be detected or discoverable by reasonable visual inspection of such Product upon delivery) within [***] after ADVANZ’s receipt of such Product, or, for any hidden defect (being one which could not be determined or detected by reasonable visual inspection of such Product upon delivery), within [***] of the defect or deficiency coming to ADVANZ’s attention during the Shelf Life of the Product concerned.
14.5 In the event that ADVANZ determines that a shipment of a Product fails to conform with its Specifications, the Technical Agreement, this Agreement or applicable laws, even if such determination is disputed by Alvotech, Alvotech shall as soon as practicable forward a new shipment(s) of such Product to ADVANZ. If the dispute concerning conformance with the Specifications, the Technical Agreement, this Agreement or applicable laws is resolved in accordance with Clause 14.6 in Alvotech’s favour, ADVANZ shall bear the expenses resulting from production and shipment of the conforming Product supplied as a replacement. Should Alvotech agree, or when testing by the independent laboratory (see Clause 14.6) shows, that the Product concerned does not meet its Specifications, the Technical Agreement, this Agreement or applicable laws, Alvotech shall bear all costs for the replacement...
SHIPMENT, DELIVERY AND ACCEPTANCE a. Shipment and Risk of Loss. SAC shall deliver PRODUCTS F.O.B. SAC's manufacturing location to the place designated for shipment and by the carrier specified by JASPER on its purchase order. Title to and risk of loss of PRODUCTS shall pass to JASPER upon delivery of the same to the carrier designated by JASPER, or if not designated by JASPER to the carrier selected by SAC. The carrier shall be deemed to be JASPER's agent and JASPER shall make all claims with respect to damage in transit against the responsible carrier.
SHIPMENT, DELIVERY AND ACCEPTANCE
SHIPMENT, DELIVERY AND ACCEPTANCE a. Shipment and Risk of Loss. SAC shall deliver PRODUCTS F.O.B. SAC's manufacturing location to the place designated for shipment and by the carrier specified by JASPER on its purchase order. Title to and risk of loss of PRODUCTS shall pass to JASPER upon delivery of the same to the carrier designated by JASPER, or if not designated by JASPER to the carrier selected by SAC. The carrier shall be deemed to be JASPER's agent and JASPER shall make all claims with respect to damage in transit against the responsible carrier.
SHIPMENT, DELIVERY AND ACCEPTANCE
