Shipment, Delivery and Title. Ampio shall deliver the Product EXW (Incoterms 2000) at a facility designated by Ampio in Europe on the date as specified in the Order, provided, that such dates specified in the Orders shall allow for a delivery time of at least thirty (30) days from date of Order. The product shall be delivered as bulk tablets and with Distributor responsible for labeling and packaging in final trade dress suitable for distribution to final users. Title to each of the Product shall pass to Distributor when delivery is made to the carrier at such point of shipment. Ampio shall be entitled to change the point of shipment, provided, however, that Ampio shall be responsible for any additional costs or expenses incurred by Distributor in connection with such changed point of shipment.
Shipment, Delivery and Title. Seller shall, to the best of its ability, ship product with expiration dating greater than 6 months unless otherwise agreed in advance by Seller and Customer. Seller shall not be liable for delay or non-delivery of any accepted orders.
Shipment, Delivery and Title. Seller shall suitably pack or otherwise prepare all Products to prevent damage in shipment, to obtain the lowest transportation and insurance rates, and to meet the carrier’s requirements. The packing list for all shipments must reference Buyer’s Purchase Order number and, if required by Buyer, a certificate of conformance or certificate of authenticity must accompany each Product shipped. All Products that contain hazardous or toxic materials or require special labeling or packing (e.g. climatic exposure, contamination, expiration or end use date, etc.) shall be clearly and properly marked and labeled and include a list of all hazardous chemicals and other substances included therein, if any, the quantities of each and material safety data sheets for each chemical and substance on the list. All wood material used in packaging, bundling or dunnage that will be subject to international trade/transit shall comply with the requirements set forth in the latest version of the International Plant Protection Convention’s ISPM 15 related to the regulation of wood packaging material in international trade. If the Purchase Order contains instructions in respect to delivery of Products, Seller shall comply with such instructions. Except as otherwise provided in the Purchase Order, the delivery terms shall be, for shipments within the United States, FOB Buyer’s destination as instructed by Buyer or, for shipments not wholly within the United States, DDP Buyer’s destination as instructed by Buyer (Incoterms 2020). All shipments shall be declared at full valuation to insure full insurance coverage. Seller shall not make shipments in partial quantities, excess quantities or in advance of scheduled delivery dates required by the Purchase Order without Buyer’s prior written approval. Good, exclusive and marketable title, free and clear of all liens, to all Products shall pass to Buyer upon the earlier of (a) risk
Shipment, Delivery and Title. Except as otherwise expressly provided in any Purchase Order, shipment of all Products shall be DDP Buyer’s designated location (per Incoterms 2010). Title and risk of loss will transfer to Buyer upon delivery.
Shipment, Delivery and Title. 6.1 Supplier will deliver Products FCA: Chennai Factory Dock (Incoterms 2020) (“Delivery”). Title and risk of loss for all Products transfer to NCR Voyix upon Delivery.
6.2 Without prejudice to any other rights and remedies available to NCR Voyix, Supplier will notify NCR Voyix promptly upon the Supplier having reasonable belief that an agreed upon Supplier ship date (“SSD”) will not be met. Supplier must obtain the prior written consent of NCR Voyix for alternate Product substitution in accordance with Section 12 (Specifications). If Product (conforming to the Specifications and all quality and other requirements herein) is not delivered by the SSD due to any reason attributable to Supplier, the terms relating to on time delivery in Exhibit 2 (Service Levels), apply.
Shipment, Delivery and Title. Dates of all shipments are estimated and not guaranteed. All Products will be tendered and shipped FCA Rapid’s premises in Lowell, Massachusetts (Incoterms 2020) and may be so tendered in several lots. In the absence of specific instructions, Rapid will select the carrier and ship freight prepaid and added to the price of the relevant Products. Rapid will obtain insurance for all shipments for Customer’s account under a standard all-risk policy at Rapid’s expense unless Customer specifies other coverage, in which case, such other coverage will be at Customer’s sole expense. Rapid will not be deemed to assume any liability in connection with any shipment because of the selection of a carrier or Rapid’s obtaining insurance. Title and risk of loss or damage to each of the Products will pass to Customer when delivery is made to the possession of the carrier, provided, however that xxxxxx to any software incorporated within or forming a part or the Products shall at all times remain with Rapid or the licensor(s) thereof, as the case may be.
Shipment, Delivery and Title. 6.1 Supplier shall make deliveries of Products in the quantities and at the times and locations as are specified in the Purchase Orders or as otherwise mutually agreed between the Parties. For orders of Products where quantities or delivery schedules are not specified in a Purchase Order or by Customer or are modified by Customer, subject to Section 2.1, Supplier shall deliver Products in such quantities and at such times as Customer may direct in subsequent or modified Purchase Orders, receipts, schedules, or releases.
6.2 Unless otherwise mutually agreed by the Parties, Products are to be delivered FCA (Incoterms 2010) to the point specified in the Purchase Order.
6.3 Customer shall not be required to make payment for Products delivered to Customer that are in excess of quantities specified in the applicable Purchase Order.
6.4 If all or any portion of an order is not delivered within [*****] of the delivery date(s) agreed between the Parties for commitments made within fifteen (15) days of the delivery date due solely to an act or omission Supplier (“Delay”), then Customer may [*****]:
6.4.1 Require Supplier to ship the order via premium means (such as air freight, including overnight air freight) at Supplier’s expense; limited to [*****] of the total cost of the affected Products.
6.4.2 [*****] NCR and Jabil Confidential 45330990v.3
6.5 Supplier shall promptly notify Customer in writing of any Delay or anticipated Delay on shipment of items purchased. Supplier must obtain the prior written consent of Customer for alternate Product substitution in accordance with Section 4.4.
6.6 The Parties understand and agree that at all times during the Term hereof, Supplier shall own Products until delivered to Customer. Title shall transfer to Customer at the FCA (Incoterms 2010) point designated in the applicable Purchase Order.
6.7 The Parties understand and agree that at all times during the Term hereof, Supplier shall assume and bear the risk of loss for all Products until they are tendered to Customer’s carrier or freight forwarder at the FCA (Incoterms 2010) point designated in the applicable Purchase Order in accordance with the terms of this Agreement.
Shipment, Delivery and Title. 6.1 TGB shall inspect, or cause the applicable Manufacturing Subcontractor to inspect, all Products prior to shipment, in a manner reasonably acceptable to Company. Unless otherwise specified in a particular purchase order, TGB shall sell the Products to Company on FOB terms, as such term is defined by the International Chamber of Commerce, Incoterms, 2000, at such location as is designated by TGB. TGB shall provide, or require the applicable Manufacturing Subcontractor to provide, all customs and export documentation for shipping and customs clearance, in a manner reasonably acceptable to Company. Unless otherwise agreed to in writing by the Parties, all risk and title to all Products made and purchased hereunder shall remain exclusively in TGB until delivery of same to the carrier designated by Company in the relevant purchase order, and upon such delivery, title shall then pass to and vest in Company.
6.2 TGB shall immediately notify Company of any event that might delay delivery of the Products ordered beyond the delivery or shipping date specified in the purchase order (Both parties acknowledge that standard shipping times are as follows: (a) for Products made on existing equipment and re-orders of Products, FOB within 90 days after confirmation sample has been approved by Company and Manufacturing Subcontractor has approved the proposed delivery date and (b) for any Products to be made on new equipment, 120 days after confirmation sample has been approved by Company and Manufacturing Subcontractor has approved the proposed delivery date), and shall use its best efforts to avoid or minimize any such delay. TGB acknowledges that time is of the essence and that any delivery delay in excess of ten (10) calendar days shall constitute a material breach of this Agreement unless Company waives TGB’s default in writing. Unless TGB’s default is so waived, Company shall have the right to notify TGB of its rejection of any delayed Products within ten (10) calendar days after being notified of such delay, and may in its sole discretion, choose one of the following methods of handling such delay:
(i) cancel the purchase order for the delayed Products. Immediately upon receipt of notice of cancellation, TGB at its own cost shall comply with any instructions of Company mandating destruction or disposition of any components, Trim, or Products bearing the Trademarks that were produced pursuant to the canceled purchase order and Company may, in its sole discretion, wit...
Shipment, Delivery and Title. 7.1 The Products shall be sold CIF destination port designated by Purchaser, unloaded. CIF shall mean Cost, Insurance and Freight, as defined in INCOTERMS 2000 ("INCOTERMS"). Title shall not pass to Purchaser until a Forwarder's Cargo Receipt has been issued by Purchaser or Purchaser's designee, or in the case of airfreight shipments, an air waybill.
7.2 Manufacturer shall strictly comply with Purchaser's instructions in the manufacture, finishing and packing of Products.
7.3 All purchase orders must be delivered to the Purchaser by the mutually agreed delivery date, as specified in Purchaser's purchase order or delivery will be considered late. For purchase orders held at Purchaser's request, on time delivery will be measured by the date originally set for shipment and wiII be invoiced as of that date.
7.4 Manufacturer shall immediately notify Purchaser of any event which might delay delivery of the Products ordered. Manufacturer acknowledges that time is of the essence.
7.5 Late deliveries will result in one of the following consequences:
(a) Manufacturer shall prepare within seven (7) calendar days of the late delivery a written correction action plan and shall provide a copy of same to Purchaser to review and approve.
(b) The Manufacturer and Purchaser shall discuss and mutually agree upon any course of action which may incur additional cost in resolving a late delivery
Shipment, Delivery and Title. All products will be tendered and shipped F.O.B. the Manufacturer's factory. The Purchaser will select the method of delivery and carrier and pay the cost thereof. The Manufacturer will not be deemed to assume any liability in connection with any shipment because of the selection of a carrier. Title and risk of loss or damage to each of the Products will pass to the Purchaser when delivery is made to the possession of a carrier or the Purchaser, whichever occurs first. Claims in relation to Product damaged in transit shall be reported by the Purchaser to the carrier, if any, upon the receipt of the Product by the Purchaser. Nothwithstanding the foregoing, Manufacturer shall be responsible for properly packaging and crating the Product for shipment.
