SHIPMENTS AND DELIVERY. Performance of the Contract is contingent upon the Purchaser supplying to the Seller, when needed, all required commercial documents requested by the Seller. The Seller shall use reasonable effort to meet all delivery dates stated in the Contract but, unless otherwise agreed, any such dates are estimates only and are not guaranteed. Accordingly, the Seller shall have no liability to the Purchaser for damages or penalties, direct or indirect, of any delay in delivery, whether such delay is minor or substantial, nor shall the Purchaser have the right to declare a breach of the Contract because of any such delay. Unless otherwise agreed, the Seller shall have the right to make partial deliveries. Unless otherwise specified, delivery of the product shall be ex- works (EXW, Incoterms 2000) the point of delivery (which unless otherwise specified shall be the Seller’s normal place of business) and risk of loss or damage is the responsibility of the Purchaser upon uplift by the carrier. All claims for damages, delay or shortage arising from any shipment shall be made directly against the carrier by the Purchaser. The Purchaser shall inspect the product at or prior to uplift from the point of delivery, failing which, within one working day of receipt, and immediately notify the Seller of any visual damage to or shortage of the product. Failure to notify the Seller as stated, shall constitute acceptance by the Purchaser of the product and relieve Seller of any liability for any such alleged damage or shortage. If the Seller has agreed to deliver the product other than EXW and shipment is postponed by or due to the Purchaser’s delay or request, the Seller may tender delivery and store the product at the Purchaser’s expense and risk. Such tender shall constitute delivery and the full Purchase Price for the product tendered shall be immediately due and payable
SHIPMENTS AND DELIVERY. (a) Cliffs and Algoma will agree on a mutually acceptable delivery schedule for each year prior to November 1 of the preceding year. Such schedule must be established to match both Algoma’s furnace requirements and Cliffs’ pellet availability. Cliffs and Algoma will balance the delivery schedule by pellet source and type so that monthly shipments will be relatively equal, considering winter shipping restrictions and production schedules. Cliffs and Algoma recognize that changes in schedule will occur as provided in Section 5, and will use commercially reasonable efforts to accommodate such changes.
(b) During 2002, Cliffs will use commercially reasonable efforts (which shall not require incurring additional operating or capital costs) to load an average of 70 railcars per day for direct delivery by the Wisconsin Central System, or its successor (“WCS”), to the Sault Ste. Xxxxx Plant. The number of railcars shipped daily from the various locations shall be agreed upon by Cliffs and Algoma, but the total shall not exceed 70. Thereafter, Cliffs will use commercially reasonable efforts (which shall not require incurring additional operating or capital costs) to increase the tonnage of shipments to the Sault Ste. Xxxxx Plant by direct rail with the objective of being able to (i) ship a minimum of 90% of Algoma’s annual pellet requirements by direct rail, and (ii) cause a minimum of 90% of the railcars loaded out of the Xxxxxx Plant or the Empire Plant not to exceed their capacities, and not to have a gross weight over rail in excess of 263,000 pounds. Cliffs and Algoma acknowledge that neither of them owns any railcars and as such they must obtain the cooperation of WCS. To this end, Algoma will pursue with WCS a more appropriately sized rail car fleet (i.e., smaller rail cars) to be used for shipments by WCS. Algoma will cause WCS to adjust the weight of any railcar that is loaded in excess of its designed carrying capacity.
(c) Deliveries shall be made as follows:
(i) Xxxxxx Mag Flux Pellets and Xxxxxx Hem Flux Pellets shall be delivered by Cliffs to Algoma f.o.b. loaded vessel at Port Marquette, Michigan or f.o.b. loaded railcar at Xxxxxxxxx, Michigan, as the case may be, and in either case title and all risk of loss, damage or destruction shall pass to Algoma at the time of discharge of the pellets from the loading device to the vessel or at the time of transfer of rail cars to WCS.
(ii) Empire Royal Pellets shall be delivered by Cliffs to Algoma f.o.b. loa...
SHIPMENTS AND DELIVERY. (a) Cliffs and Inland will agree on a mutually acceptable delivery schedule for each Contract Year prior to December 1 of the preceding Contract Year and Cliffs shall make pellets available hereunder in accordance with such schedule. Such schedule must be established to match both Inland’s blast furnace requirements and Cliffs’ pellet availability and will include monthly shipment tonnage by grade. Cliffs and Inland will balance the delivery schedule by pellet source and type so that monthly shipments will be relatively equal over the Contract Year, considering winter shipping restrictions and production schedules to the locations designated in Section 8(b) below. Cliffs and Inland recognize that changes in schedule will occur as provided in Section 5, and will use commercially reasonable efforts to accommodate such changes. For purposes of this Section 8(a), the term “pellets” shall be deemed to include pellets supplied by the Partnership under the EIMP Ore Sales Agreement.
(b) Deliveries shall be made as follows:
(i) Deliveries of Empire Pellets shall be made by Cliffs to Inland f.o.
SHIPMENTS AND DELIVERY. Title and risk of loss or damage to equipment shipped shall pass from Heraeus Electro-Nite to the purchaser upon delivery to the carrier by Heraeus Electro-Nite. Any claims for loss or damage after risk has been passed shall be filed with the carrier. Heraeus Electro-Nite shall not be liable for loss or damage from delay in delivery or failure to manufacture due to causes beyond its control. Heraeus Electro-Nite shall not be required to allocate production and deliveries among customers should such delay in delivery or failure to manufacture occur. Shipping and delivery dates are approximate and based upon prompt receipt by Heraeus Electro-Nite of all necessary information, including final agreement on detailed specifications and approved submittal drawings, at its offices, on such dates or with such lead times as specified.
SHIPMENTS AND DELIVERY. Shipment dates are based upon Seller’s best judgment, subject to production limitations and schedules, and hence are not guaranteed. All sales, unless otherwise specified herein, are F.O.B. delivery to Buyer’s warehouse. Delivery to Buyer shall be deemed made upon the release of the Products to Buyer or to any third-party carrier at Buyer’s warehouse at which point all risk of loss shall pass to Buyer.
SHIPMENTS AND DELIVERY. All orders placed on this Website are subject to product availability. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process, also described at xxxxx://xxx.xxxxxxxxxxxxx.xxx/shipping. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.
SHIPMENTS AND DELIVERY. Dealer may specify a shipping option at the time Dealer places an Order, which such options may include ground, overnight, 2-day, 3-day or same-day (available only for orders placed and approved by 2:00 PM ET and limited to ten items or less). Orvis will ship Goods to Dealer in accordance with the delivery option specified by Dealer in the applicable Order, provided it is accepted by Seller; provided, however, that the time for shipment and for delivery of the Goods is not of the essence, as dates for shipment or delivery are estimates only. Orvis will not be liable for any direct or indirect loss arising from late delivery or any other delivery failure.
SHIPMENTS AND DELIVERY. (a) We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
SHIPMENTS AND DELIVERY. All Purchase Orders will be shipped in accordance with the accepted Purchase Order Schedule. Provider will give Company prompt notice if Provider anticipates that it cannot meet a delivery date for all or any part of the Products. If a partial shipment is acceptable to Company, Provider will ship the available Products. Except as otherwise specified in a Purchase Order, on time delivery, (“OTD”) means zero (0) days late through three (3) Business Days early for the applicable delivery date set forth in such a Purchase Order.
SHIPMENTS AND DELIVERY. All Product shipments shall be delivered EXW (Incoterms 2010) Biomatrica’s facility. Title to and the risk of loss or damage of Products shall pass to Customer at the time of Biomatrica’s delivery according to EXW (Incoterms 2010). Biomatrica shall designate a carrier pursuant to Biomatrica’s standard shipping practices unless otherwise specified in writing by Customer. Biomatrica shall have the right to deliver all Products covered hereby in a single lot or multiple lots.
