Shipment Schedule Clause Samples
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Shipment Schedule. (a) Seller will use all commercially reasonable efforts to ship Products in accordance with the shipment schedule set forth in Schedule 1. Seller reserves the right to ship quantities prior to the scheduled dates; provided, however, that no shipment shall be made such that Purchaser receives the shipment earlier than the calendar month immediately preceding the month such quantity was originally scheduled to be shipped.
(b) Seller shall be deemed in default due to a delay in meeting the shipment schedule set forth in Schedule 1 only if, immediately after the last day of any calendar month specified therein, the cumulative quantity actually shipped by Seller is less than eighty-five percent (85%) of the cumulative quantity due to have been shipped.
(c) In the event of a default by Seller as provided in Section 3.2(b), Purchaser shall be entitled to liquidated damages of one percent (1%) per week of the purchase price of the delayed Products, subject to a maximum of ten percent (10%) of such purchase price. If Product shipments are delayed six weeks or more due to circumstances within Seller's reasonable control, then in lieu of the foregoing liquidated damages Purchaser may claim damages actually resulting from the delay up to forty percent (40%) of the purchase price of the delayed Products. This paragraph states Purchaser's sole claim for damages resulting from Seller's delay in delivering Products.
Shipment Schedule. 1. The shipment schedule for units to be shipped under this Schedule during the period ending [ * ] is as follows: ------------------------------------------------------------------ Quarterly (13-Week) Period Ending ------------------------------------------- Product* [ * ] [ * ] [ * ] [ * ] =============================================--------------------- GaN LED die (in K) [ * ] ** [ * ] [ * ] [ * ] ------------------------------------------------------------------ ------------------------------------------------------------------ [ * ] LED die (in K) [ * ] [ * ] [ * ] *** [ * ] *** ------------------------------------------------------------------ ------------------------------------------------------------------ SiC Wafers [ * ] [ * ] [ * ] [ * ] ------------------------------------------------------------------ * As described in Third Amended Schedule 3. ** [ * ] was included in [ * ] shipments. *** Seller acknowledges that Purchaser's customers have not yet qualified any [ * ] LEDs manufactured by Seller. Purchaser will use all reasonable efforts to obtain such qualification in order that its volume requirements for the periods noted equal or exceed the quantities listed above. In the event Purchaser is unable to obtain such qualification, it may elect to purchase GaN LEDs in lieu of [ * ] LEDs under the terms and conditions of Paragraph (A)(2).
2. Subject to the provisions of this Agreement, unless otherwise mutually agreed the quarterly amounts shown above will be shipped in three approximately equal shipments on the last day of the fourth, eighth and final week of each quarterly period, except that the [ * ] LEDs scheduled for delivery during the first quarterly period shall be shipped the last week of such period. Purchaser may without charge reschedule shipments of quantities of GaN LEDs shown above under the following terms:
(a) for quantities scheduled to be shipped more than twenty-four (24) weeks following Seller's receipt of written notice from Purchaser requesting rescheduling, Purchaser may reschedule up to thirty percent (30%) of such quantity for up to ninety (90) days after the originally scheduled shipment date but not later than [ * ]; and
(b) for quantities scheduled to be shipped more than twelve (12) weeks but within twenty-four (24) weeks following Seller's receipt of written notice from Purchaser requesting rescheduling, Purchaser may reschedule up to ten percent (10%) of such quantity for up to ninety (90) days after the origi...
Shipment Schedule. Once every quarter CCT Shanghai will evaluate the inventory of equipment to determine what replenishments or new stocking is required. The evaluation will use both the business plans as well as marketing forecasts to determine the amount of inventory to be stocked. It is anticipated that the lead time to supply CPE is typically 3 months while the lead time to supply NOC related equipment is typically 6 months.
Shipment Schedule. Shipments shall be made in the fiscal weeks 1-30 excluding weeks 10-18. Units will be shipped at a rate of no more than *** Units per week. Exact fiscal weeks and quantities per week shall be mutually agreed upon no later than July 1, 2007. Fiscal Week Major Component Shipment Date *** *** *** Weekly Total
Shipment Schedule. Buyer may specify in each Purchase Order the date for delivery of Goods by Seller. The delivery date specified in a Purchase Order is the date on which the Goods subject to the Purchase Order must be available for pick up by Buyer, except for imported Product delivered directly to the Buyer for which delivery dates shall be estimates only. Indeed, for imported Product, the final delivery dates will depend on customs and FDA clearance and the Seller will update daily the Buyer on such clearance. Lead-time required for rail and truck delivery of material to the specified facility is 7 days and 48 hours prior to shipment date, respectively. Railcar orders placed within this timeframe will be shipped as product and railcars become available. Truck orders placed within this timeframe will be subject to driver and truck availability.
Shipment Schedule. 6.1. No later than thirty (30) days prior to the start of a Contract Year, the Seller shall determine an annual shipment schedule in order to meet the Minimum Quantity requirements in such Contract Year in accordance with Clause 3.1, with due observance to the Permitted Tolerance (the “Shipment Schedule”). Such Shipment Schedule shall include:
(a) the number of Shipments which the Seller will provide to the Buyer in the relevant Contract Year on a FOB basis;
(b) the quantity of Product to be contained in each Shipment and loaded on board each Vessel in accordance with FOB delivery requirements; and
(c) the proposed delivery dates for each Shipment.
6.1.1. The Shipment Schedule, including the relevant quantities and shipments information for the first Contract Year shall be finalized up to [●].
6.2. The Shipment Schedule for the first Contract Year shall be prepared considering that the Seller shall reach a Stable Production on [●]. If, for any reason, the Seller cannot reach a Stable Production to such date, the Seller shall be entitled to postpone and adjust the Shipment Schedule accordingly, provided that the Seller informs about such postponement with at least three (3) months in advance and such postponement does not exceed twelve (12) months. Such postponement will be considered permitted postponement by the Parties and will not constitute a breach or require any remediation under this Agreement.
6.3. Without prejudice to the above, no later than on the first Business Day of each month of a Contract Year (“M”), Seller shall provide Buyer with a rolling forecast for the 3 following calendar months, i.e., for the first (“M+1”), the second (“M+2”) and the third (“M+3”) following M (the “Rolling Forecast”).
6.4. If the quantities of Product defined in the Rolling Forecast is no more or less than 15% of the monthly quantities set forth in the Shipment Schedule, the Rolling Forecast shall be binding upon the Parties.
6.5. On the other hand, if the quantities of Product defined in the Rolling Forecast exceed the range of more or less fifteen percent (15%) of the quantities set forth in the Shipment Schedule, the Rolling Forecast shall be subject to Buyer’s approval, which shall not be unreasonably denied. In the event of a Rolling Forecast not approved by Buyer pursuant this Section, the Parties shall discuss in good faith and agree on the best alternative to accommodate the quantities of Product out of the range set forth above.
6.6. Without prejudice to th...
Shipment Schedule. Altamira shall cause the Products to be delivered or shipped to the FOB Rotterdam or Hamburg seaport or FCA Frankfurt airport point of delivery after acceptance of the relevant Purchase Order. Altamira shall be in default if delivery of all the Products ordered under a Purchase Order is not made within thirty (30) calendar days after the delivery date set forth in such Purchase Order.
Shipment Schedule. 3 3.2. Packaging...........................................................................................3 3.3.
Shipment Schedule. Seller shall arrange and schedule coal shipments based on Purchaser's production needs at its Canton Mill facility and pursuant to the minimum inventory quantities for each type of coal set forth in Schedule C.
Shipment Schedule. Charterers shall endeavor to provide cargoes fairly evenly spread throughout the year. Charterers and Owners will work closely to coordinate cargo shipments. At the start of each Navigation Season, Charterers shall provide Owners with a tentative vessel schedule for the coming Navigation Season. Charterers and Owners shall thereafter work closely together regarding scheduling. The tentative schedule shall be considered a good faith estimate only and may be changed from time to time in the reasonable discretion of Charterers. Throughout the navigation season, Master shall each day, prior to 0730 hours,complete and provide Charterers with a morning report substantially in the form set out in Schedule 2.