Common use of Shipping Acceptance Clause in Contracts

Shipping Acceptance. 1.1 Shipping shall be F.O.B. as indicated in this Agreement. Seller must ensure that all items are preserved, packaged, packed, and marked in accordance with best commercial practices and in conformity with carrier requirements and all applicable international, federal, state and local laws and regulations. A complete packing list must be enclosed with all shipments. Unless the Prime Contract specifically provides otherwise, all risk of loss or damage to the Supplies shall remain with Seller until delivery F.O.B. destination, provided however that the risk of loss shall remain with Seller as to Supplies which are not accepted or are rejected by Buyer or the Owner. 1.2 Seller’s acknowledgment, acceptance of payment, or commencement of any part of performance, shall constitute Seller’s unqualified acceptance of this Agreement. Acceptance of this Agreement is expressly limited to these Terms and Conditions and this Agreement, and none of Seller’s terms and conditions in acknowledging or accepting this Agreement shall apply unless agreed to in writing by Buyer. Acceptance of the Supplies or Services under the Agreement shall not constitute acceptance of Seller’s terms and conditions. 1.3 Seller shall only tender for acceptance those items that conform to the requirements of the Agreement. Buyer and the Owner may inspect or test any Supplies or Services that have been tendered for acceptance. No such inspection or testing shall relieve Seller of its obligations to furnish and warrant all Supplies and Services in conformance with this Agreement. If Seller delivers non-conforming Supplies or Services, Buyer may, in addition to any other remedies available at law or equity, (i) accept all or part of such Supplies or Services at an equitable price reduction, (ii) reject the Supplies or Services at a full refund in price, or

Shipping Acceptance. 1.1 Shipping shall be F.O.B. as indicated in this Agreement. Seller must ensure that all items are preserved, packaged, packed, and marked in accordance with best commercial practices and in conformity with carrier requirements and all applicable international, federal, state and local laws and regulations. A complete packing list must be enclosed with all shipments. Unless the Prime Contract specifically provides otherwise, all risk of loss or damage to the Supplies shall remain with Seller until delivery F.O.B. destination, provided however that the risk of loss shall remain with Seller as to Supplies which are not accepted or are rejected by Buyer Alutiiq or the Owner. 1.2 Seller’s acknowledgment, acceptance of payment, or commencement of any part of performance, shall constitute Seller’s unqualified acceptance of this Agreement. Acceptance of this Agreement is expressly limited to these Terms and Conditions and this Agreement, and none of Seller’s terms and conditions in acknowledging or accepting this Agreement shall apply unless agreed to in writing by BuyerAlutiiq. Acceptance of the Supplies or Services under the Agreement shall not constitute acceptance of Seller’s terms and conditions. 1.3 Seller shall only tender for acceptance those items that conform to the requirements of the Agreement. Buyer Alutiiq and the Owner may inspect or test any Supplies or Services that have been tendered for acceptance. No such inspection or testing shall relieve Seller of its obligations to furnish and warrant all Supplies and Services in conformance with this Agreement. If Seller delivers non-conforming Supplies or Services, Buyer Alutiiq may, in addition to any other remedies available at law or equity, (i) accept all or part of such Supplies or Services at an equitable price reduction, (ii) reject the Supplies or Services at a full refund in price, or

Shipping Acceptance. 1.1 Shipping shall be F.O.B. as indicated in this Agreement. Seller must ensure that all items are preserved, packaged, packed, and marked in accordance with best commercial practices and in conformity with carrier requirements and all applicable international, federal, state and local laws and regulations. A complete packing list must be enclosed with all shipments. Unless the Prime Contract specifically provides otherwise, all risk of loss or damage to the Supplies shall remain with Seller until delivery F.O.B. destination, provided however that the risk of loss shall remain with Seller as to Supplies which are not accepted or are rejected by Buyer or the Owner. 1.2 Seller’s acknowledgment, acceptance of payment, or commencement of any part of performance, shall constitute Seller’s Seller s unqualified acceptance of this Agreement. Acceptance of this Agreement is expressly limited to these Terms and Conditions and this Agreement, and none of Seller’s Seller s terms and conditions in acknowledging or accepting this Agreement shall apply unless agreed to in writing by Buyer. Acceptance of the Supplies or Services under the Agreement shall not constitute acceptance of Seller’s terms and conditions. 1.3 Seller shall only tender for acceptance those items that conform to the requirements of the Agreement. Buyer and the Owner may inspect or test any Supplies or Services that have been tendered for acceptance. No such inspection or testing shall relieve Seller of its obligations to furnish and warrant all Supplies and Services in conformance with this Agreement. If Seller delivers non-conforming Supplies or Services, Buyer may, in addition to any other remedies available at law or equity, (i) accept all or part of such Supplies or Services at an equitable price reduction, (ii) reject the Supplies or Services at a full refund in price, oror by Seller is not timely, Buyer may elect to return, re- perform or repair, replace, or re-procure the Supplies or Services at Seller s expense. Rejected Supplies shall be deemed to be the property of Seller. Failure to inspect or reject one shipment shall not constitute a waiver of Buyer s rights with respect to any other. Payment shall neither be deemed to constitute acceptance nor be a waiver of Buyer rights to reject any shipment or performance by Seller. Seller shall be liable for all shipping and storage costs and handling charges for quantities shipped in excess of specified quantities.