Common use of Shipment to Storage Clause in Contracts

Shipment to Storage. If the Seller is ready to ship any Major Component to the Buyer prior to the Scheduled Major Component Shipment Date set forth in Attachment 1 but the Seller cannot ship a Major Component to the Buyer within five (5) days after the applicable Scheduled Major Component Shipment Date due solely to any cause not attributable to the Seller, the Seller may ship such Major Component to storage. If such Major Component is placed in storage, including storage at the facility where such Major Component is manufactured, the following conditions shall apply: (a) title and risk of loss shall thereupon pass to the Buyer if it had not already passed; (b) any amounts otherwise payable to the Seller upon delivery or shipment shall be payable upon presentation of the Seller’s invoice(s) and certification of cause for storage; (c) all reasonable expenses incurred by the Seller in connection with such storage, such as for preparation for and placement into storage, handling, inspection, preservation, insurance, purchase of shipping fixtures, storage, removal charges and any taxes relating thereto shall be payable by the Buyer upon submission of the Seller’s invoice(s) and reasonable supporting documentation; (d) the Services provided herein shall be subsequently changed to the rate prevailing at the time of actual use and the Buyer shall pay the net change in the rate; and (e) when the Buyer notifies the Seller that it is ready to accept the Major Component and upon payment of any amounts due hereunder with respect to such Major Component, the Seller shall resume Shipment of such Major Component.

Appears in 4 contracts

Samples: Agreement (Noble Environmental Power LLC), Agreement (Noble Environmental Power LLC), Agreement (Noble Environmental Power LLC)

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Shipment to Storage. If the Seller is ready to ship Ship any Major Component to the Buyer prior to the Scheduled Major Component Shipment Date set forth in Attachment 1 but the Seller cannot ship a Major Component to the Buyer within five (5) days after the applicable Scheduled Major Component Shipment Date due solely to any cause not attributable to the Seller, the Seller may ship such Major Component to storage. If such Major Component is placed in storage, including storage at the facility where such Major Component is manufactured, the following conditions shall apply: (a) title and risk of loss shall thereupon pass to the Buyer if it had not already passed; (b) any amounts otherwise payable to the Seller upon delivery Delivery or shipment Shipment shall be payable upon presentation of the Seller’s invoice(s) and certification of cause for storage; (c) all reasonable expenses incurred by the Seller in connection with such storage, such as for preparation for and placement into storage, handling, inspection, preservation, insurance, purchase of shipping fixtures, storage, removal charges and any taxes relating thereto shall be payable by the Buyer upon submission of the Seller’s invoice(s) and reasonable supporting documentation; (d) the Services provided herein shall be subsequently changed to the rate prevailing at the time of actual use and the Buyer shall pay the net change in the rate; and (e) when the Buyer notifies the Seller that it is ready to accept the Major Component and upon payment of any amounts due hereunder with respect to such Major Component, the Seller shall resume Shipment of such Major Component.

Appears in 2 contracts

Samples: This Agreement (Noble Environmental Power LLC), This Agreement (Noble Environmental Power LLC)

Shipment to Storage. If the Seller is ready to ship any Major Component to the Buyer prior to the Scheduled Major Component Shipment Date set forth in Attachment 1 but the Seller cannot ship a Major Component to the Buyer within five thirty (530) days after the applicable Scheduled Major Component Shipment Date due solely to any cause not attributable to the Seller, the Seller may ship such Major Component to storage. If such Major Component is placed in storage, including storage at the facility where such Major Component is manufactured, the following conditions shall apply: (a) title and risk of loss shall thereupon pass to the Buyer if it had not already passed; (b) any amounts otherwise payable to the Seller upon delivery or shipment shall be payable upon presentation of the Seller’s invoice(s) and certification of cause for storage; (c) all reasonable expenses incurred by the Seller in connection with such storage, such as for preparation for and placement into storage, handling, inspection, preservation, insurance, purchase of shipping fixtures, storage, removal charges and any taxes relating thereto shall be payable by the Buyer upon submission of the Seller’s invoice(s) and reasonable supporting documentation; (d) the Services provided herein shall be subsequently changed to the rate prevailing at the time of actual use and the Buyer shall pay the net change in the rate; and (e) when the Buyer notifies the Seller that it is ready to accept the Major Component and upon payment of any amounts due hereunder with respect to such Major Component, the Seller shall resume Shipment of such Major Component.

Appears in 2 contracts

Samples: And Related Services (Noble Environmental Power LLC), And Related Services (Noble Environmental Power LLC)

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Shipment to Storage. If Owner notifies Supplier in writing that Owner is unable to accept delivery of any part or portion of the Seller Equipment during a time when Supplier is permitted to deliver the same to the Delivery Point pursuant this Agreement (and Supplier is otherwise ready to ship any Major Component deliver, and capable of delivering, such part or portion to the Buyer prior to the Scheduled Major Component Shipment Date set forth in Attachment 1 but the Seller cannot ship a Major Component to the Buyer within five (5) days after the applicable Scheduled Major Component Shipment Date due solely to any cause not attributable to the SellerDelivery Point during such time frame), the Seller Supplier may ship such Major Component part or portion of Equipment to storage, such storage being in accordance with the Specifications or other instructions provided by Supplier. If such Major Component part or portion of Equipment is placed in storage, including storage at the facility where such Major Component is manufactured, the following conditions shall applyapply to such part or portion of the Equipment: (ai) title and risk of loss shall thereupon pass to the Buyer Owner if it had has not already passed; (bii) risk of loss, unless otherwise agreed, shall thereupon pass to Owner if it has not already passed; (iii) any amounts otherwise payable to Supplier upon Delivery of such part or portion of the Seller upon delivery or shipment Equipment shall be payable upon presentation of the SellerSupplier’s invoice(s) ); and certification of cause for storage; (civ) all reasonable expenses incurred by the Seller in connection with such storageSupplier, such as for including but not limited to, preparation for and placement into storage, handling, inspection, preservation, insurance, purchase of shipping fixtures, storage, removal charges and any taxes relating thereto shall be payable by the Buyer Owner upon submission of the SellerSupplier’s invoice(s) and reasonable supporting documentation; (d) ). If the Agreement includes Services, then to the extent such Services provided herein relate directly to the part or portion of the Equipment shipped to storage, any such related Services shall be subsequently changed to the rate then prevailing at the time of actual use and the Buyer Owner shall pay the net change in increase over the rate; and (e) when rate prevailing at the Buyer notifies time of shipment of such part or portion of the Seller that it is ready Equipment to accept the Major Component storage. When conditions permit and upon payment of any all amounts due hereunder with respect to such Major Componentunder this Section, the Seller Supplier shall resume Shipment Delivery of such Major Componentthe Equipment to the Delivery Point.

Appears in 1 contract

Samples: Fortress Transportation & Infrastructure Investors LLC

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