SHIPMENTS AND PACKAGING. (a) If it becomes necessary for Seller to ship by a more expensive way than specified in this purchase order to comply with Purchaser’s required delivery date, any increased transportation costs resulting therefrom shall be paid for by Seller unless the necessity for such rerouting or expedited handling has been caused by Purchaser and approved in advance. (b) Time is of the essence in making deliveries of good and/or services under this Order. Purchaser may, in addition to all other remedies available to it, cancel a purchase order and this Agreement in whole or in part, without liability, if deliveries are not made at the time specified in the Agreement. Seller agrees to pay Purchaser 20% of the value of the late purchase order for all later deliveries as liquidated damages, not a penalty, as the exact amount of damages incurred by Purchaser for such late delivery are difficult to predict upon acceptance of such purchase order. Alternatively, Purchaser may purchase the same or similar goods and/or services from another supplier(s) and Seller will pay Purchaser for all costs and expenses to cover such goods and/or services. (c)
SHIPMENTS AND PACKAGING. (a) If it becomes necessary for Seller to ship by a more expensive way than specified in this purchase order to comply with Purchaser’s required delivery date, any increased transportation costs resulting therefrom shall be paid for by Seller unless the necessity for such rerouting or expedited handling has been caused by Purchaser and approved in advance. (b) Time is of the essence in making deliveries of good and/or services under this Order. Purchaser may, in addition to all other remedies available to it, cancel a purchase order and this Agreement in whole or in part, without liability, if deliveries are not made at the time specified in the Agreement. Seller agrees to pay Purchaser 20% of the value of the late purchase order for all later deliveries as liquidated damages, not a penalty, as the exact amount of damages incurred by Purchaser for such late delivery are difficult to predict upon acceptance of such purchase order. Alternatively, Purchaser may purchase the same or similar goods and/or services from another supplier(s) and Seller will pay Purchaser for all costs and expenses to cover such goods and/or services. (c) Quantity Tolerance: If Seller delivers less than 95% or more than 110% of the quantity of goods ordered, Purchaser may reject all or any excess goods. Any such rejected goods shall be returned to Seller at Seller’s risk of loss and expense. If Purchaser does not reject the goods and instead accepts the delivery of goods at the increased or reduced quantity, the price for the goods shall be adjusted on a pro-rata basis. (d) Packaging: Seller shall package the goods in accordance with accepted standard commercial practices for normal shipment considering the type of goods involved and the normal risks encountered during shipment. Each package shipped to Purchaser shall be numbered and labeled with Purchaser’s purchase order number, stock number, contents and weight, and shall contain an itemized packing slip. No charges of any kind will be allowed, including charges for boxing, packing, crating or cartage, unless specifically agreed to by Purchaser on the face hereof. Seller shall include an itemized list of goods, and if applicable to the items purchased, a Certificate of Analysis and Safety Data Sheets with each shipment.
SHIPMENTS AND PACKAGING. Each container, and accompanying packing list, must show its order number. No charge will be allowed for packing, boxing, or cartage unless fully and separately itemized on the face hereof. All items shall be suitably prepared for shipment to secure the lowest transportation and insurance rates and to meet carrier’s requirements. All shipments to be packaged in strict conformity with Rule 41 Consolidated Freight Classification and all ICC Regulations, except where otherwise provided in Government Directives. Dangerous or explosive material must be packaged and labeled to conform with ICC Regulations. Only shipments of dangerous or explosive material should be insured for maximum value.
