Common use of Shipping and Delivery Clause in Contracts

Shipping and Delivery. a. Scheduled shipping dates will be assigned by Cisco as close as practicable to Customer’s requested date based on Cisco’s then-current lead times for the Products. Cisco will communicate scheduled shipping dates in the order acknowledgement or on Xxxxx.xxx. Unless given written instruction by Customer, Cisco shall select the carrier. b. Shipping options available as well as applicable shipment terms (per Incoterms 2010) are set forth in the Shipping Terms Exhibit available at the following URL: xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_Exhibit.pdf at Xxxxx.xxx (the “Shipping Terms Exhibit”). The selected shipping option shall be indicated on the Purchase Order. Where applicable, Customer shall pay the shipping and handling charges in addition to the purchase price for the Products, which will be included in remittance and/or commercial invoices issued by Cisco. Title and risk of loss shall transfer from Cisco to Customer and delivery shall be deemed to occur in accordance with the Shipping Terms Exhibit. Customer shall be responsible for all freight, handling and insurance charges subsequent to delivery. c. Where Customer places orders on any Cisco Affiliate other than Cisco, Customer shall pay any invoices issued by such entity with respect to such orders and the delivery terms agreed with such entity shall apply. Different shipping terms may apply to such Purchase Orders as set forth in the Shipping Terms Exhibit or otherwise as set out on Xxxxx.xxx. d. Customer shall assume responsibility for compliance with applicable export laws and regulations, including the preparation and filing of shipping documentation necessary for export clearance. This also applies in cases where Customer requests in its Purchase Order delivery of Products to Customer’s forwarding agent or another representative in the country of shipment. Customer agrees not to use any export licenses owned by Cisco or any of its Affiliates. e. For shipments under FCA as per the Shipping Terms Exhibit, Customer specifically agrees to provide Cisco with the complete name and address of each End User either (i) in the Purchase Order issued, or (ii) in writing within five (5) days of receiving a request by Cisco, and other information required under these Terms of Sale or requested by Cisco. Export clearance will ensure utilizing Cisco’s general global export licenses or in the case a general global license does not include the listed End User destination, then individual export licenses must be obtained prior to export. Customer accepts any additional delays caused by the export licensing process as well as delays to comply with conditions of the individual export license. f. Cisco shall not be liable for any loss, damage, or penalty for delay in delivery or for failure to give notice of any delay. Except in accordance with the applicable shipping terms set forth in these Terms of Sale, Cisco shall not have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of Cisco. g. All sales are final. Except as provided in Cisco’s warranty statements, Cisco does not accept returns unless (i) Cisco shipped a product other than as specified in the Purchase Order, (ii) such Product is unopened, and (iii) the Product is returned in accordance with Cisco’s then current RMA policy and procedures.

Shipping and Delivery. a. Scheduled shipping dates will be assigned by Cisco as close as practicable to Customer’s requested date based on Cisco’s then-current lead times for the Products. Cisco will communicate scheduled shipping dates in the order acknowledgement or on Xxxxx.xxx. Unless given written instruction by Customer, Cisco shall select the carrier. b. Shipping options available as well as applicable shipment terms (per Incoterms 2010) are set forth in the Shipping Terms Exhibit available at the following URL: xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_Exhibit.pdf at Xxxxx.xxx (the “Shipping Terms Exhibit”). The selected shipping option shall be indicated on the Purchase Order. Where applicable, Customer shall pay the shipping and handling charges in addition to the purchase price for the Products, which will be included in remittance and/or commercial invoices issued by Cisco. Title and risk of loss shall transfer from Cisco to Customer and delivery shall be deemed to occur in accordance with the Shipping Terms Exhibit. Customer shall be responsible for all freight, handling and insurance charges subsequent to delivery. c. Where Customer places orders on any Cisco Affiliate other than Cisco, Customer shall pay any invoices issued by such entity with respect to such orders and the delivery terms agreed with such entity shall apply. Different shipping terms may apply to such Purchase Orders as set forth in the Shipping Terms Exhibit or otherwise as set out on Xxxxx.xxx. d. Customer shall assume responsibility for compliance with applicable export laws and regulations, including the preparation and filing of shipping documentation necessary for export clearance. This also applies in cases where Customer requests in its Purchase Order delivery of Products to Customer’s forwarding agent or another representative in the country of shipment. Customer agrees not to use any export licenses owned by Cisco or any of its Affiliates. e. For shipments under FCA as per the Shipping Terms Exhibit, Customer specifically agrees to provide Cisco with the complete name and address of each End User either (i) in the Purchase Order issued, or (ii) in writing within five (5) days of receiving a request by Cisco, and other information required under these Terms of Sale or requested by Cisco. Export clearance will ensure utilizing Cisco’s general global export licenses or in the case a general global license does not include the listed End User destination, then individual export licenses must be obtained prior to export. Customer accepts any additional delays caused by the export licensing process as well as delays to comply with conditions of the individual export license. f. Cisco shall not be liable for any lossCISCO SHALL NOT BE LIABLE FOR ANY LOSS, damageDAMAGE OR PENALTY FOR DELAY IN DELIVERY OR FOR FAILURE TO GIVE NOTICE OF ANY DELAY. EXCEPT IN ACCORDANCE WITH THE APPLICABLE SHIPPING TERMS SET FORTH IN THESE TERMS OF SALE, or penalty for delay in delivery or for failure to give notice of any delay. Except in accordance with the applicable shipping terms set forth in these Terms of SaleCISCO SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH SHIPMENT, Cisco shall not have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of CiscoNOR SHALL THE CARRIER BE DEEMED TO BE AN AGENT OF CISCO. g. All sales are final. Except as provided in Cisco’s warranty statements, Cisco does not accept returns unless (i) Cisco shipped a product other than as specified in the Purchase Order, (ii) such Product is unopened, and (iii) the Product is returned in accordance with Cisco’s then current RMA policy and procedures.

Shipping and Delivery. a. 5.1 Scheduled shipping dates will be assigned by Cisco as close as practicable to Customer’s requested date based on Cisco’s then-current lead times for the Products. Cisco will communicate scheduled shipping dates in the order acknowledgement or on Xxxxx.xxx. Unless given written instruction by Customer, Cisco shall select the carrier. b. 5.2 Shipping options available as well as applicable shipment terms (per Incoterms 2010) are set forth in the Shipping Terms Exhibit available at the following URL: xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_Exhibit.pdf xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_Ex hibit.pdf at Xxxxx.xxx (the “Shipping Terms Exhibit”). The selected shipping option shall be indicated on the Purchase Order. Where applicable, Customer shall pay the shipping and handling charges in addition to the purchase price for the Products, which will be included in remittance and/or commercial invoices issued by Cisco. Title and risk of loss shall transfer from Cisco to Customer and delivery shall be deemed to occur in accordance with the Shipping Terms Exhibit. Customer shall be responsible for all freight, handling and insurance charges subsequent to delivery. c. 5.3 Where Customer places orders on any Cisco Affiliate other than Cisco, Customer shall pay any invoices issued by such entity with respect to such orders and the delivery terms agreed with such entity shall apply. Different shipping terms may apply to such Purchase Orders as set forth in the Shipping Terms Exhibit or otherwise as set out on Xxxxx.xxx. d. 5.4 Customer shall assume responsibility for compliance with applicable export laws and regulations, including the preparation and filing of shipping documentation necessary for export clearance. This also applies in cases where Customer requests in its Purchase Order delivery of Products to Customer’s forwarding agent or another representative in the country of shipment. Customer agrees not to use any export licenses owned by Cisco or any of its Affiliates. e. . For shipments under FCA as per the Shipping Terms Exhibit, Customer specifically agrees to provide Cisco with the complete name and address of each End User either (ia) in the Purchase Order issued, or (iib) in writing within five (5) days of receiving a request by CiscoXxxxx, and other information required under these Terms of Sale this Agreement or requested by Cisco. Export clearance will ensure utilizing Cisco’s general global export licenses or in the case a general global license does not include the listed End User destination, then individual export licenses must be obtained prior to export. Customer accepts any additional delays caused by the export licensing process as well as delays to comply with conditions of the individual export license. f. Cisco shall not be liable for any loss5.5 CISCO SHALL NOT BE LIABLE FOR ANY LOSS, damageDAMAGE OR PENALTY FOR DELAY IN DELIVERY OR FOR FAILURE TO GIVE NOTICE OF ANY DELAY. EXCEPT IN ACCORDANCE WITH THE APPLICABLE SHIPPING TERMS SET FORTH IN THESE TERMS OF SALE, or penalty for delay in delivery or for failure to give notice of any delay. Except in accordance with the applicable shipping terms set forth in these Terms of SaleCISCO SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH SHIPMENT, Cisco shall not have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of CiscoNOR SHALL THE CARRIER BE DEEMED TO BE AN AGENT OF CISCO. g. 5.6 All sales are final. Except as provided in Cisco’s warranty statements, Cisco does not accept returns unless (i) Cisco shipped a product other than as specified in the Purchase Order, (ii) such Product is unopened, and (iii) the Product is returned in accordance with Cisco’s then current RMA policy and procedures.

Shipping and Delivery. a. Scheduled shipping dates will be assigned by Cisco as close as practicable to CustomerIntegrator’s requested date based on Cisco’s then-current lead times for the Products. Cisco will communicate scheduled shipping dates in the order acknowledgement or on Xxxxx.xxx. Unless given written instruction by CustomerIntegrator, Cisco shall select the carrier. b. Shipping options available as well as applicable shipment terms (per Incoterms 2010) are set forth in the Shipping Terms Exhibit available at the following URL: xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_Exhibit.pdf at Xxxxx.xxx (the “Shipping Terms Exhibit”). , The selected shipping option shall be indicated on the Purchase Order. Where applicable, Customer integrator shall pay the shipping and handling charges in addition to the purchase price for the Products, which will be included in remittance and/or commercial invoices issued by Cisco. Title and risk of loss shall transfer from Cisco to Customer Integrator and delivery shall be deemed to occur in accordance with the Shipping Terms Exhibit. Customer Integrator shall be responsible for all freight, handling and insurance charges subsequent to delivery. c. Where Customer Integrator places orders on any Cisco Affiliate other than Cisco, Customer Integrator shall pay any invoices issued by such entity with respect to such orders and the delivery terms agreed with such entity shall apply. Different shipping terms may apply to such Purchase Orders as set forth in the Shipping Terms Exhibit or otherwise as set out on Xxxxx.xxx. d. Customer Integrator shall assume responsibility for compliance with applicable export laws and regulations, including the preparation and filing of shipping documentation necessary for export clearance. This also applies in cases where Customer Integrator requests in its Purchase Order delivery of Products to CustomerIntegrator’s forwarding agent or another representative in the country of shipment. Customer Except as provided in the next paragraph, integrator agrees not to use any export licenses owned by Cisco or any of its Affiliates. e. . For shipments under FCA as per the Shipping Terms Exhibit, Customer Integrator specifically agrees to provide Cisco with the complete name and address of each End User either (i) in the Purchase Order issued, or (ii) in writing within five (5) days of receiving a request by Cisco, and other information required under these Terms of Sale this Agreement or requested by Cisco. Export clearance will ensure utilizing Cisco’s general global export licenses or in the case a general global license does not include the listed End User destination, then individual export licenses must be obtained prior to export. Customer Integrator accepts any additional delays caused by the export licensing process as well as delays to comply with conditions of the individual export license. f. Cisco shall not be liable for any losse. CISCO SHALL NOT BE LIABLE FOR ANY LOSS, damageDAMAGE OR PENALTY FOR DELAY IN DELIVERY OR FOR FAILURE TO GIVE NOTICE OF ANY DELAY. EXCEPT IN ACCORDANCE WITH THE APPLICABLE SHIPPING TERMS SET FORTH IN THIS AGREEMENT, or penalty for delay in delivery or for failure to give notice of any delay. Except in accordance with the applicable shipping terms set forth in these Terms of SaleCISCO SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH SHIPMENT, Cisco shall not have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of CiscoNOR SHALL THE CARRIER BE DEEMED TO BE AN AGENT OF CISCO. g. All sales are final. Except as provided in Cisco’s warranty statements, Cisco does not accept returns unless (i) Cisco shipped a product other than as specified in the Purchase Order, (ii) such Product is unopened, and (iii) the Product is returned in accordance with Cisco’s then current RMA policy and procedures.

Shipping and Delivery. a. 5.1 Scheduled shipping dates will be assigned by Cisco as close as practicable to Customer’s requested date based on Cisco’s then-current lead times for the Products. Cisco will communicate scheduled shipping dates in the order acknowledgement or on Xxxxx.xxx. Unless given written instruction by Customer, Cisco shall select the carrier. b. 5.2 Shipping options available as well as applicable shipment terms (per Incoterms 2010) are set forth in the Shipping Terms Exhibit available at the following URL: xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_Exhibit.pdf xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_Ex hibit.pdf at Xxxxx.xxx (the “Shipping Terms Exhibit”). The selected shipping option shall be indicated on the Purchase Order. Where applicable, Customer shall pay the shipping and handling charges in addition to the purchase price for the Products, which will be included in remittance and/or commercial invoices issued by Cisco. Title and risk of loss shall transfer from Cisco to Customer and delivery shall be deemed to occur in accordance with the Shipping Terms Exhibit. Customer shall be responsible for all freight, handling and insurance charges subsequent to delivery. c. 5.3 Where Customer places orders on any Cisco Affiliate other than Cisco, Customer shall pay any invoices issued by such entity with respect to such orders and the delivery terms agreed with such entity shall apply. Different shipping terms may apply to such Purchase Orders as set forth in the Shipping Terms Exhibit or otherwise as set out on Xxxxx.xxx. d. 5.4 Customer shall assume responsibility for compliance with applicable export laws and regulations, including the preparation and filing of shipping documentation necessary for export clearance. This also applies in cases where Customer requests in its Purchase Order delivery of Products to Customer’s forwarding agent or another representative in the country of shipment. Customer agrees not to use any export licenses owned by Cisco or any of its Affiliates. e. . For shipments under FCA as per the Shipping Terms Exhibit, Customer specifically agrees to provide Cisco with the complete name and address of each End User either (ia) in the Purchase Order issued, or (iib) in writing within five (5) days of receiving a request by Cisco, and other information required under these Terms of Sale this Agreement or requested by Cisco. Export clearance will ensure utilizing Cisco’s general global export licenses or in the case a general global license does not include the listed End User destination, then individual export licenses must be obtained prior to export. Customer accepts any additional delays caused by the export licensing process as well as delays to comply with conditions of the individual export license. f. 5.5 Cisco shall not be liable for any loss, damage, or penalty for delay in delivery or for failure to give notice of any delay. Except in accordance with the applicable shipping terms set forth in these Terms of Sale, Cisco shall not have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of Cisco. g. 5.6 All sales are final. Except as provided in Cisco’s warranty statements, Cisco does not accept returns unless (i) Cisco shipped a product other than as specified in the Purchase Order, (ii) such Product is unopened, and (iii) the Product is returned in accordance with Cisco’s then current RMA policy and procedures.

Shipping and Delivery. a. 5.1. Scheduled shipping dates will be assigned by Cisco as close as practicable to Customer’s requested date based on Cisco’s then-current lead times leadtimes for the Products. Cisco will communicate scheduled shipping dates in the order acknowledgement or on Xxxxx.xxx. Unless given written instruction by Customer, Cisco shall select the carrier. b. 5.2. Shipping options available as well as applicable shipment terms (per terms(per Incoterms 2010) are set forth in the Shipping Terms Exhibit available at the following URL: xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_Exhibit.pdf at Xxxxx.xxx (the “Shipping Terms Exhibit”). The selected shipping selectedshipping option shall be indicated on the Purchase Order. Where applicable, Customer shall pay the shipping and handling charges in addition to the purchase price for the Products, which will be included in remittance and/or commercial invoices issued by Cisco. Title and risk of loss shall transfer from Cisco to Customer and delivery shall be deemed to deemedto occur in accordance with the Shipping Terms Exhibit. Customer shall be responsible for all freight, handling and insurance charges subsequent to delivery. c. Where Customer places 5.3. For IN-SLC routed orders on any Cisco Affiliate other than Cisco(DTA), Customer shall pay any invoices issued by such entity with respect to such orders and carrier will make a maximum of two attempts of delivery, if the delivery terms agreed with such entity shall applyE- waybills are valid. Different shipping terms may apply to such Purchase Orders as set forth in the Shipping Terms Exhibit or otherwise as set out on Xxxxx.xxx. d. Customer shall assume responsibility for compliance with applicable export laws and regulations, including the preparation and filing of shipping documentation necessary for export clearance. This also applies in cases where Customer requests in its Purchase Order delivery of Products to Customer’s forwarding agent or another representative in the country of shipment. Customer agrees not to use any export licenses owned by Cisco or any of its Affiliates. e. For shipments under FCA as per the Shipping Terms Exhibit, Customer specifically agrees to provide Cisco with the complete name and address of each End User either (i) in the Purchase Order issued, or (ii) in writing within five (5) days of receiving a request by Cisco, and other information required under these Terms of Sale or requested by Cisco. Export clearance will ensure utilizing Cisco’s general global export licenses or in the case a general global license does not include the listed End User destination, then individual export licenses must be obtained prior to export. Customer accepts any additional delays caused by the export licensing process as well as delays to comply with conditions of the individual export license. f. Cisco shall not be liable for any loss, damage, or penalty for delay in delivery or deliveryor for failure to give notice of any delay. Except in accordance with the applicable shipping terms set forth in these Terms of Sale, Cisco shall not have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of Cisco. g. 5.4. Customer will be invoiced and shall pay for any value-addedshipping services opted for by Customer. All shipments to the ‘Ship to Address’ indicated on the Purchase Order will be delivered using standard delivery terms. Off-loading of material at the “Ship To Address” location will be the responsibility of the ‘Ordering entity” indicated on the Purchase Order. 5.5. In the event Customerresells Products under this Agreement to customers that are not Institutional or Industrial customers under the Legal Metrology Act, 2009 (“LM Act”), then Customer shall be responsible for complying with the relevant provisions of the LM Act, including but not limited to appropriately labelling the Products for such resale. 5.6. Shipment to FTWZ will be limited to shipment to Customer’s bondedwarehouse at its FTWZ location and transfer shall on a bond to bond basis. Customer will be responsible to ship the Products to the end user. It is Customer’s responsibility to pay all shipping costs and complywith any applicable laws when shipping Products from Customer’s FTWZ to the end user. For FTWZ routedorders, Customer’s end user will be responsible to procure Import licenses if applicable. Customer will be responsible for E-waybill generation, whenever applicable. Cisco shall not be liable for any loss, damage, or penalty for delay in delivery or for failure to give notice of any delay. Except in accordance with the applicable shippingterms set forth in this Agreement, Cisco shall not have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of Cisco. 5.7. All sales are final. Except as provided in Shipments whichhave shipped but have not been accepted by an End User may follow Cisco’s warranty statements, Cisco does not accept returns unless standard RMA Process beginning fifteen (i15) Cisco shipped a product other than as specified in days after shipping confirmation; any costs incurredpursuant to the Purchase Order, (ii) such Product is unopened, RMA process shall be billed to and (iii) the Product is returned in accordance with Cisco’s then current RMA policy and procedurespaid by Customer.

Shipping and Delivery. a. Scheduled shipping dates will be assigned by Cisco as close as practicable to Customer’s requested date based on Cisco’s then-current lead times for the Products. Cisco will communicate scheduled shipping dates in the order acknowledgement or on Xxxxx.xxx. Unless given written instruction by Customer, Cisco shall select the carrier. b. Shipping options available as well as applicable shipment terms (per Incoterms 2010) are set forth in the Shipping Terms Exhibit available at the following URL: xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_Exhibit.pdf at Xxxxx.xxx (the “Shipping Terms Exhibit”). The selected shipping option Delivery shall be indicated on the Purchase Order. Where applicabledeemed to have been made, Customer shall pay the shipping and handling charges in addition to the purchase price for the Products, which will be included in remittance and/or commercial invoices issued by Cisco. Title title and risk of loss shall transfer pass from Cisco to Customer Integrator, upon the earlier of transfer of possession of the Products to the carrier or to Integrator’s representative at Cisco’s site, Narita, Chiba, Japan, or other Cisco designated shipping location. List prices specified in Cisco’s then-current Price List include all freight and delivery shall be deemed to occur in accordance with the Shipping Terms Exhibit. Customer shall be responsible for all freightshipping, handling and insurance charges subsequent to deliveryIntegrator’s distribution facility in Tokyo. c. Where Customer places orders on any Cisco Affiliate other than Cisco, Customer shall pay any invoices issued by such entity with respect to such orders and the delivery terms agreed with such entity shall apply. Different shipping terms may apply to such Purchase Orders as set forth in the Shipping Terms Exhibit or otherwise as set out on Xxxxx.xxx. d. Customer shall assume responsibility for compliance with applicable export laws and regulations, including the preparation and filing of shipping documentation necessary for export clearance. This also applies in cases where Customer requests in its Purchase Order delivery of Products to Customer’s forwarding agent or another representative in the country of shipment. Customer agrees not to use any export licenses owned by Cisco or any of its Affiliates. e. For shipments under FCA as per the Shipping Terms Exhibitd. CISCO SHALL NOT BE LIABLE FOR ANY LOSS, Customer specifically agrees to provide Cisco with the complete name and address of each End User either (i) in the Purchase Order issuedDAMAGE OR PENALTY FOR DELAY IN DELIVERY OR FOR FAILURE TO GIVE NOTICE OF ANY DELAY. EXCEPT IN ACCORDANCE WITH THE APPLICABLE SHIPPING TERMS SET FORTH IN THESE TERMS OF SALE, or (ii) in writing within five (5) days of receiving a request by CiscoCISCO SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH SHIPMENT, and other information required under these Terms of Sale or requested by Cisco. Export clearance will ensure utilizing Cisco’s general global export licenses or in the case a general global license does not include the listed End User destination, then individual export licenses must be obtained prior to export. Customer accepts any additional delays caused by the export licensing process as well as delays to comply with conditions of the individual export licenseNOR SHALL THE CARRIER BE DEEMED TO BE AN AGENT OF CISCO. f. Cisco shall not be liable for any loss, damage, or penalty for delay in delivery or for failure to give notice of any delay. Except in accordance with the applicable shipping terms set forth in these Terms of Sale, Cisco shall not have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of Cisco. g. e. All sales are final. Except as provided in Cisco’s warranty statements, Cisco does not accept returns unless (i) Cisco shipped a product other than as specified in the Purchase Order, (ii) such Product is unopened, and (iii) the Product is returned in accordance with Cisco’s then current RMA policy and procedures.

Shipping and Delivery. a. Scheduled shipping dates will be assigned by Cisco as close as practicable to Customer’s requested date based on Cisco’s then-current lead times for the Products. Cisco will communicate scheduled shipping dates in the order acknowledgement or on Xxxxx.xxx. Unless given written instruction by Customer, Cisco shall select the carrier. b. Shipping options available as well as applicable shipment terms (per Incoterms 2010) are set forth in the Shipping Terms Exhibit available at the following URL: xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_Exhibit.pdf at Xxxxx.xxx (the “Shipping Terms Exhibit”). The selected shipping option shall be indicated on the Purchase Order. Where applicable, Customer shall pay the shipping and handling charges in addition to the purchase price for the Products, which will be included in remittance and/or commercial invoices issued by Cisco. Title and risk of loss shall transfer from Cisco to Customer and delivery shall be deemed to occur in accordance with the Shipping Terms Exhibit. Customer shall be responsible for all freight, handling and insurance charges subsequent to delivery. c. Where Customer places orders on any Cisco Affiliate other than Cisco, Customer shall pay any invoices issued by such entity with respect to such orders and the delivery terms agreed with such entity shall apply. Different shipping terms may apply to such Purchase Orders as set forth in the Shipping Terms Exhibit or otherwise as set out on Xxxxx.xxx. d. Customer shall assume responsibility for compliance with applicable export laws and regulations, including the preparation and filing of shipping documentation necessary for export clearance. This also applies in cases where Customer requests in its Purchase Order delivery of Products to Customer’s forwarding agent or another representative in the country of shipment. Customer agrees not to use any export licenses owned by Cisco or any of its Affiliates. e. For shipments under FCA as per the Shipping Terms Exhibit, Customer specifically agrees to provide Cisco with the complete name and address of each End User either (i) in the Purchase Order issued, or (ii) in writing within five (5) days of receiving a request by CiscoXxxxx, and other information required under these Terms of Sale or requested by Cisco. Export clearance will ensure utilizing Cisco’s general global export licenses or in the case a general global license does not include the listed End User destination, then individual export licenses must be obtained prior to export. Customer accepts any additional delays caused by the export licensing process as well as delays to comply with conditions of the individual export license. f. Cisco shall not be liable for any loss, damage, or penalty for delay in delivery or for failure to give notice of any delay. Except in accordance with the applicable shipping terms set forth in these Terms of Sale, Cisco shall not have any liability in connection with shipment, nor shall the carrier be deemed to be an agent of Cisco. g. All sales are final. Except as provided in Cisco’s warranty statements, Cisco does not accept returns unless (i) Cisco shipped a product other than as specified in the Purchase Order, (ii) such Product is unopened, and (iii) the Product is returned in accordance with Cisco’s then current RMA policy and procedures.

Shipping and Delivery. a. 5.1 Scheduled shipping dates will be assigned by Cisco Xxxxx as close as practicable to CustomerDistributor’s requested date based on CiscoXxxxx’s then-current lead times for the Products. Cisco will communicate scheduled shipping dates in the order acknowledgement or on Xxxxx.xxx. Unless given written instruction by Customer, Cisco shall select the carrier. b. 5.2 Shipping options available as well as applicable shipment terms (per Incoterms 2010) are set forth in the Shipping Terms Exhibit available at the following URL: xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_Exhibit.pdf at Xxxxx.xxx xxxxx://xxx.xxxxx.xxx/web/fw/tools/commerce/ngorder/doc/Standard_Shipping_ Exhibit.pdf (the “Shipping Terms Exhibit”). The selected shipping option shall be indicated on the Purchase Order. Where applicable, Customer Distributor shall pay the shipping and handling charges in addition to the purchase price for the Products, which will be included in remittance and/or commercial invoices issued by Cisco. Title and risk of loss shall transfer from Cisco to Customer Distributor and delivery shall be deemed to occur in accordance with the Shipping Terms Exhibit. Customer Distributor shall be responsible for all freight, handling handling, and insurance charges subsequent to delivery. c. 5.3 Where Customer Distributor places orders on any Cisco Affiliate other than Cisco, Customer Distributor shall pay any invoices issued by such entity with respect to such orders and the delivery terms agreed with such entity shall apply. Different shipping terms may apply to such Purchase Orders as set forth in the Shipping Terms Exhibit or otherwise as set out on Xxxxx.xxx. d. Customer 5.4 Distributor shall assume responsibility for compliance with applicable export laws and regulations, including the preparation and filing of shipping documentation necessary for export clearance. This also applies in cases where Customer Distributor requests in its Purchase Order delivery of Products to Customer’s Distributor's forwarding agent or another representative in the country of shipment. Customer Distributor agrees not to use any export licenses owned by Cisco or any of its Affiliates. e. . For shipments under FCA as per the Shipping Terms Exhibit, Customer Distributor specifically agrees to provide Cisco Xxxxx with the complete name and address of each End User either (ia) in the Purchase Order issued, or (iib) in writing within five (5) days of receiving a request by CiscoXxxxx, and other information required under these Terms of Sale this Agreement or requested by Cisco. Export clearance will ensure utilizing Cisco’s general global export licenses or in the case a general global license does not include the listed End User destination, then individual export licenses must be obtained prior to export. Customer Distributor accepts any additional delays caused by the export licensing process as well as delays to comply with conditions of the individual export license. f. Cisco shall not be liable for any loss5.5 CISCO SHALL NOT BE LIABLE FOR ANY LOSS, damageDAMAGE, or penalty for delay in delivery or for failure to give notice of any delayOR PENALTY FOR DELAY IN DELIVERY OR FOR FAILURE TO GIVE NOTICE OF ANY DELAY. Except in accordance with the applicable shipping terms set forth in these Terms of SaleEXCEPT IN ACCORDANCE WITH THE APPLICABLE SHIPPING TERMS SET FORTH IN THIS AGREEMENT, Cisco shall not have any liability in connection with shipmentCISCO SHALL NOT HAVE ANY LIABILITY IN CONNECTION WITH SHIPMENT, nor shall the carrier be deemed to be an agent of Cisco. g. NOR SHALL THE CARRIER BE DEEMED TO BE AN AGENT OF CISCO. 5.6 All sales are final. Except as provided in Cisco’s warranty statements, Cisco does not accept returns unless (i) Cisco shipped a product Product other than as specified in the Purchase Order, and (ii) such Product is unopened, and (iii) the Product is returned in accordance with Cisco’s then then-current RMA policy and procedures.