Shipping & Delivery. Manufacturer agrees not to ship Product to Anterios or its designee until it has received a written approval to release and ship from Anterios; provided however, Manufacturer may invoice Anterios for the applicable Product according to the terms of Section 8.3 of this Agreement whether or not such Product is stored by Manufacturer pursuant to this Section 7.1. Manufacturer agrees to store, under reasonable commercial storage conditions, Product intended for Phase I or Phase II clinical trials pursuant to the terms of the Work Order and Applicable Laws at no additional cost until the date on which Anterios requests that Manufacturer makes available for delivery such Product, or (ii) the second annual anniversary of the release; provided however, Manufacturer will not charge Anterios for any product being stored by Manufacturer for the purposes of stability testing or sample retention pursuant to a Work Order. Thereafter, if requested, Manufacturer will continue to store Product and charge Anterios the Manufacturer’s then-prevailing reasonable rates for storage. For Product intended for Phase III clinical trials or for commercial sale, Manufacturer will store such Product for [*] at no charge to Anterios and if requested, Manufacturer will continue to store Product for Anterios and charge Anterios the Manufacturer’s then-prevailing reasonable rates for storage. In instances of Manufacturer’s gross negligence, willful misconduct or breach of this Agreement, Manufacturer’s sole liability, if any, shall be limited to reimbursing, recompensing or indemnifying Anterios for an amount equal to the cost to Anterios of Manufacturer’s Services that were performed in connection with such destroyed, damaged or lost Product. In all other instances, Anterios shall bear the risk of loss for such Product while stored by Manufacturer. When notified to do so by Anterios, Manufacturer will deliver each Batch FCA (Incoterms 2000) Manufacturer’s Facility, (a) on the delivery date specified by Anterios in such notice and addressed to the destination designated by Anterios in writing, and (b) in accordance with the instructions for shipping and packaging specified by Anterios in the applicable Work Order, batch record, study protocol or as otherwise agreed to by the parties in writing. A xxxx of lading will be furnished to Anterios with respect to each shipment. Anterios will bear all costs of further transportation and all risk of delay, or damage in transit as well as the cost o...
Shipping & Delivery. 4.1. Except as provided in Section 3.2 above, shipments shall be made from the Facility on a monthly basis in accordance with a shipment schedule that will be provided by HOKU each Year under this Agreement (the "SHIPMENT SCHEDULE") no later than sixty (60) days prior to the applicable year. The Shipment Schedule shall provide for approximately equal monthly shipments that add up to the Minimum Annual Quantity of Products.
4.2. HOKU agrees that it will not enter into any additional supply contract with, or make any supply commitment to, any third party (not including the long term supply contracts that have been signed prior to the Effective Date (the "PRE-EXISTING COMMITMENTS")) if the aggregate of HOKU's delivery obligations under all of its supply contracts (including those with SOLARFUN and its Pre-existing Commitments) and such additional supply contract/commitment during any month would exceed the rated monthly production capacity of all polysilicon reactors at all HOKU Facilities, as certified by the manufacturer thereof. Subject to the foregoing, this Section 4.2 shall not preclude HOKU from (A) entering into supply contracts for additional capacity from Facility expansion, including pre-sales of potential Facility expansions, or from increased productivity of the Reactors, or (B) selling on the spot market or entering into long-term contracts for the sale of polysilicon that does not meet the Product Specifications at any time during the term of this Agreement, provided that HOKU uses commercially reasonable efforts to meet the Product Specifications with respect to such polysilicon and that HOKU does not manufacture polysilicon for the purpose of making such spot market sales or fulfilling such long term contracts
4.3. HOKU will use commercially reasonable efforts to make its first shipment of Products to SOLARFUN on or before July 1, 2009.
Shipping & Delivery. The Contractor shall be able to deliver to all current and potential delivery sites within the State of Indiana, where some may include desktop delivery, and meet specified delivery requirements as well as delivery to all other Ordering Agency locations. This shall include desktop delivery within given State facilities. The Contractor shall receive a weekly report from the State to identify delivery site updates or new locations.
Shipping & Delivery. All Products will be shipped FCA (defined in Incoterms 2000) Al23’s U.S. manufacturing location. Title to the Products passes from A123 to Xxxxx upon shipment from A123’s facility (or, if applicable, the third party manufacturer’s facility) or, if earlier, upon delivery by A123 to Xxxxx. A123 reserves the right to make shipments of all or part of the Products in an Order when such Products are available for shipment. Xxxxx shall promptly notify A123 if the Products have not arrived within five working days of their anticipated receipt date.
Shipping & Delivery. Unless specifically detailed as otherwise in this proposal, all shipping and delivery costs (even thouse detailed per- system) relate to single combined shipment to a single point of delivery. If requested otherwise then costs and terms subject to change.
Shipping & Delivery. Products will be shipped in accordance with sound commercial practice and instructions furnished by Buyer. Supplier will comply with Buyer’s packaging, labeling, shipping notification and freight requirements. Non-compliance may result in charges to Supplier. The costs relating to handling, packaging, storage or transportation (including duties, taxes, fees, etc.) unless otherwise expressly stated in this Contract, are included in the price. Supplier shall bear all risk of loss until Products are delivered. Deliveries will be made in the quantities and on the dates specified by Buyer in this Contract or subsequent releases or instructions. Unless otherwise stated in this Contract, delivery terms will be FCA Buyer’s dock (Incoterms 2020). Time is of the essence and Supplier may not, unless approved by Buyer in writing, make partial shipments of Products to Buyer. Supplier shall be responsible for the cost of any premium freight arrangements required to meet on-time delivery. Buyer will not be required to accept Products that are delivered in advance of the delivery date, in incorrect quantities, or otherwise not properly delivered in accordance with this Section 5.
Shipping & Delivery. (1) The goods always travel uninsured and in any case at the customer's risk. This also applies to carriage paid delivery and irrespective of the means of transportation used. Transport insurance shall only be taken out at the express request of the customer. Any costs arising from this shall be borne by the customer.
(2) We shall be entitled to determine the place of dispatch, the type of dispatch (in particular the transport company and means as well as the dispatch route) and the packaging (type and material) at our dutiful discretion. Agreements deviating from this must be made in writing.
(3) If the customer provides the means of transportation, he shall be responsible for punctual provision. Any delays must be notified to us in good time. Any resulting costs shall be borne by the customer.
(4) We are entitled to make reasonable partial deliveries.
(5) Our delivery obligation is always subject to timely and proper delivery by our own suppliers.
(6) Delivery and unloading times/dates (delivery periods) promised by us are always non-binding. This shall not apply if a fixed delivery period has been promised or agreed in writing. Promised or agreed delivery periods are calculated from order confirmation, in the case of delivery against advance payment from receipt of payment.
(7) Insofar as a fixed delivery period has been promised or agreed, we shall not be liable for impediments to delivery due to force majeure or other events unforeseeable at the time of conclusion of the contract for which we are not responsible (e.g. operational disruptions of any kind, fire, natural disasters, weather, floods, war, insurrection, terrorism, transport delays, strikes, lawful lockouts, shortages of labor, energy or raw materials, delays in the granting of any necessary official permits, official/sovereign measures, subsequent loss of export or import opportunities). Such an event shall also be the failure of our own suppliers to deliver on time or properly within the meaning of paragraph 5, provided that we are not responsible for this and the transaction with the upstream supplier is a congruent hedging transaction. If one of the aforementioned events occurs, the delivery period shall be automatically extended by the duration of the event plus a reasonable start-up period. If an obstacle to delivery for which we are not responsible lasts longer than four weeks, we shall be entitled to withdraw from the contract. We shall immediately reimburse any payments already made...
Shipping & Delivery. 5.1. Except as provided in Section 4.2 above, shipments shall be made from the Facility on a monthly basis in accordance with a shipment schedule that will be provided by HOKU each Year under this Agreement and reviewed and approved by JINKO (the “Shipment Schedule”) no later than **** days prior to the applicable Year. The Shipment Schedule shall provide for approximately equal monthly shipments that add up to the Minimum Annual Quantity of Products (the “Minimum Monthly Quantity”), but not less than **** of the Minimum Annual Quantity of Products (the “Guaranteed Monthly Quantity”). HOKU will use commercially reasonable efforts to make monthly shipments available on or about the fifteenth (15th) day of each month, and will advise JINKO approximately seven (7) days prior to the expected ship date; provided, however, that JINKO may request an alternate shipping date that is within fourteen (14) days after the advised schedule. Product shall be ready to ship EXW the HOKU Facility (INCOTERMS 2000).
5.2. HOKU will use commercially reasonable efforts to make available to JINKO its first shipment of Products on December 1, 2009. Notice of any expected delay beyond this date shall be in writing to JINKO not later than September 1, 2009. JINKO Initials & Date HOKU Initials & Date **** Confidential material omitted and filed separately with the Commission.
Shipping & Delivery. 6.1 Shipping process All orders are processed at our distribution centre in Gothenburg, Sweden, within two business days, subject to payment clearance and stock availability. We operate Monday through Friday, excluding Swedish public holidays. We use DHL Freight and UPS as our carriers. Choice of carrier and delivery service depends on the country your order is shipped to. When your order is dispatched from the warehouse, a shipping confirmation will be sent to your e-mail address. There will also be a secondary e-mail sent to you from the transport management system UNIFAUN with tracking information regarding your parcel. The products are delivered to either a drop-off point near the address you have stated when you placed your order, or to your door depending of the destination. If the carrier fails to deliver your package, it will be returned to our warehouse in Gothenburg, Sweden.
6.2 Shipping costs Sweden: SEK 59 and free shipping on orders over SEK 1,500 Norway: NOK 150 and free shipping on orders over NOK 1,500 Denmark: DKK 59 and free shipping on orders over DKK 1,500 Switzerland: EUR 15 and free shipping on orders over EUR 150 UK: GBP 5 and free shipping on orders over GBP 150 US: USD 20 and free shipping on orders over USD 200 Rest of Europe: EUR 6 and free shipping on orders over EUR 150 To find more info regarding taxes and duties, go to Terms & Conditions - 3. Prices, Taxes & Duties.
6.3 Delivery lead time and carriers
Shipping & Delivery. TIANWEI Initials & Date ___________________________ HOKU Initials & Date ___________________________
4.1. Except as provided in Section 3.2 above, shipments shall be made from the Facility on a monthly basis in accordance with a shipment schedule that will be provided by HOKU each Year under this Agreement (the “Shipment Schedule”) no later than [*] days prior to the applicable Year. The Shipment Schedule shall provide for approximately equal monthly shipments that add up to the Minimum Annual Quantity of Products.
4.2. HOKU will use commercially reasonable efforts to make available to TIANWEI its first shipment of Products on or before March 31, 2010.
4.3. [Reserved].
4.4. In addition to the Minimum Annual Quantity of Product to be delivered to TIANWEI each Year beginning on the First Shipment Date pursuant to this Agreement, prior to the First Shipment Date, HOKU shall provide TIANWEI with a right of first refusal (the “ROFR”) on up to an aggregate of [*] metric tons of Spot Market Products (as defined in the final sentence of this paragraph). TIANWEI’s ROFR on Spot Market Products shall be subject to the conditions and procedures set forth in the next sentences of this Section 4.4. Prior to any sale of Spot Market Products to a third party, HOKU shall offer such Spot Market Products to TIANWEI in writing via facsimile or email (the “Offer”). The Offer shall include the material terms of the offer, including price, volume and shipping terms. TIANWEI shall provide HOKU with a written notice of acceptance of the Offer (the “Acceptance”) within 72 hours after receipt of the Offer. The Acceptance, together with the Offer, shall be a firm order which cannot be cancelled by either Party. The Acceptance may not change or add to the terms of the Offer, and any such changes shall be construed as a rejection of the Offer. If TIANWEI does not provide the Acceptance within 72 hours after receipt of the Offer, or if TIANWEI rejects the Offer, then HOKU may sell such Spot Market Products to any third party. If TIANWEI rejects the Offer, or fails to respond as provided herein within 72 hours, HOKU shall have thirty (30) calendar days to exercise its right to sell Spot Market Products to another customer on terms that are no more favorable to the other customer than those presented to TIANWEI in the Offer. If HOKU does not so sell Spot Market Products pursuant to the Offer within said thirty (30) day period, HOKU must repeat this process. The foregoing ROFR shall expire...
