Common use of SHIPMENTS AND PACKAGING Clause in Contracts

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.

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 goods 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.