Shipping; Risk of Loss. All goods subject to the Contract shall be shipped F.O.B. destination. Risk of loss of the goods shall pass to the Agency at the time the goods are accepted by the Agency.
Shipping; Risk of Loss. 4.6.1 All Product(s) delivered by ThermoGenesis pursuant to this Agreement shall be suitably packed for surface or air shipment, in Distributor’s sole discretion, in ThermoGenesis’ standard shipping cartons, marked for shipment to such location or locations as Distributor may designate, and delivered to Distributor or its carrier, EXW, ThermoGenesis’ Point of Shipment. Risk of loss of Product(s) shall pass to Distributor upon delivery to the carrier at the EXW Point of Shipment.
4.6.2 ThermoGenesis shall ship all Product(s) in accordance with Distributor’s delivery instructions specified in Distributor’s purchase orders; provided, however, that if Distributor does not provide delivery instructions with respect to the carrier to be used, ThermoGenesis may use its customary carrier. Partial shipments are allowed. All freight, insurance and other shipping expenses, as well as any special packing expenses, shall be paid by Distributor. Distributor shall also bear all applicable taxes and duties that may be assessed against the Product(s) and parts after delivery to the carrier EXW, ThermoGenesis’ Point of Shipment.
4.6.3 ThermoGenesis shall use its good faith efforts to ship the Product(s) within a reasonable amount of time after receipt and acceptance of Distributor’s purchase order for the Product(s), consistent with ThermoGenesis’ shipping procedures in place from time to time. All shipments of Product(s) shall be deemed to conform to the relevant purchase order unless ThermoGenesis receives from Distributor, no later than fifteen (15) days after the receiving date of a given shipment, written notice specifying the shipment, the purchase order number and the exact nature of the discrepancy between the shipment and the order.
Shipping; Risk of Loss. (a) All costs for shipping and handling shall be billed to and paid by Supplier. Shipping terms are “DDP destination specified in the applicable Purchase Order INCOTERMS 2010” for international shipments and “DAP destination specified in the applicable Purchase Order INCOTERMS 2010” for domestic shipments, or as otherwise agreed upon in writing between Supplier and Chobani. Supplier shall ensure that all Product shipments to Chobani (i) are numbered and labeled with Chobani’s Purchase Order number, (ii) contain an itemized packing slip specifying the quantity, weight and a description of each of the Products, the part number (if applicable), and the date of shipment, (iii) include a Certificate of Analysis/Certificate of Conformance and such additional and supplemental information specified in Schedule B to this Agreement, and (iv) are properly prepaid to meet the carrier’s requirements if delivered by a carrier rather than by Supplier. Supplier shall xxxx each shipping container containing Products in a clear and legible manner using the codes supplied by Chobani.
(b) Supplier shall fully insure all shipments delivered by carrier up to the total price of the Products.
(c) Supplier will package the Products in accordance with Chobani’s standards set forth in Schedule C to this Agreement or, in the absence thereof, in such a manner so as to protect the Products from loss or damage and in accordance with best commercial practices.
(d) At Chobani’s election and upon written notice to Supplier, Chobani may modify the shipping terms and/or direct Supplier to utilize a specific third party or parties for shipping and handling in the event Chobani is able to secure preferred pricing for freight, which is lower than the price at which Supplier is able to procure for freight hereunder. Upon receiving such request, Supplier shall arrange freight through such third party identified by Chobani at the lower pricing secured by Chobani or match the pricing offered by the identified third party. The Purchase Price for the Products shall be reduced to reflect the lower freight pricing.
Shipping; Risk of Loss. Unless otherwise agreed in signed writing by Seller, for any Goods which shall be drop shipped from the manufacturer’s facility, Seller will deliver the Goods EX WORKS (Incoterms 2020)-Manufacturer’s facility. For any Goods which shall be shipped directly from Seller’s warehouse or the warehouse of any of Seller’s affiliates, Seller will deliver the Goods EX WORKS (Incoterms 2020)-Warehouse. Title and risk of loss to the Goods will pass to Purchaser when the Goods are placed in the possession of the commercial carrier; provided, however, Seller shall retain a purchase-money security interest in the Goods as security until payment in full is received. Seller assumes no liability for any loss or damage to Goods during shipment or transportation regardless of whether Purchaser or Seller contracts with the commercial carrier for the transportation of the Goods. Purchaser must inspect shipments before shipment or during unloading to identify any such loss or damage and promptly report such loss or damage, and in no case shall Purchaser exceed any limits set for such reporting by the carrier or any applicable ordinances, rules, regulations, or laws. Any claims for lost or damaged Goods by Purchaser must be made to the applicable third-party carriers or freight forwarders, as applicable; provided, however, if Seller has agreed in writing to arrange for the transportation, then Seller will provide Purchaser commercially reasonable assistance in the submission of the claim. Seller may, at its option, deliver all Goods in one lot or several lots from time to time, as long as such delivery are within the time frame set forth in the Order or this Agreement, as the case may be. To the extent delivery is in several lots, Xxxxxxxxx agrees that the amounts due for the Goods shall be apportioned based on actual delivery. Unless agreed in writing by Seller, Purchaser or its designated agent: (i) will be the importer and exporter of record on all cross-border transfers, returns, and others shipments of Goods for drop ship delivery to Purchaser’s designated location,
Shipping; Risk of Loss. 3.1 All Products shall be prepared for shipment in a manner that: (a) follows good commercial practice; (b) is acceptable to common carriers for shipment at the lowest rate; and (c) is adequate to ensure safe arrival.
3.2 Supplier shall mark all containers with necessary lifting, handling, and shipping information, PO number, date of shipment, and the names of Buyer and Supplier. Supplier shall bear the cost of shipping and risk of loss of all defective or non- conforming Products while in transit. Title and risk of loss shall pass to Buyer or Xxxxx’s agent(s) upon delivery of Products to Buyer’s dock.
Shipping; Risk of Loss. No charges for unauthorized transportation will be allowed. Any unauthorized shipment that will result in excess transportation charges must be fully prepaid by the Vendor. All items ordered shall be suitably packed and marked for shipping. Sound Devices shall not be charged for any packaging, marking or boxing, not separately itemized hereon. Vendor shall be
Shipping; Risk of Loss. All shipments of Product by Novasep will be made FCA (Incoterms 2010) the Novasep Facility (regardless of whether or not Novasep provides assistance to Celladon for the organization of the shipment of Product and/or chooses the shipping agent and common carrier on behalf of Celladon) to the delivery destination specified in the applicable Purchase Order, and all deliveries shall be in accordance with the shipping instructions of Celladon and, unless otherwise agreed by the parties, using a common carrier specified by Celladon. Novasep shall pay, on Celladon’s behalf, all costs of shipping, storage, customs, duties, taxes, freight, insurance and other charges incurred by Novasep in shipping Product (collectively, “Transport Costs”), unless Celladon provides otherwise in writing on a Purchase Order. Celladon will reimburse Novasep for the reasonable Transport Costs, without xxxx-up, actually incurred by Novasep, and Novasep shall, upon Celladon’s request, provide written documentation supporting such costs. Except as provided herein with respect to any Non-Conforming Batch, risk of loss as to Product shipped to Celladon or its designee hereunder shall pass to Celladon upon delivery of such Product to the common carrier at the Novasep Facility where the Product was manufactured. Novasep shall arrange to insure the shipment of the ordered Product as specified by Celladon, in the name and on behalf of Celladon, at Celladon’s costs. Title to Product delivered hereunder shall pass to Celladon upon payment to Novasep of the corresponding invoice.
Shipping; Risk of Loss. Seller shall ship goods to Buyer FOB point of origin. Unless otherwise agreed to in writing by the Seller, Buyer is solely and exclusively responsible for extraction and transportation of all systems and equipment related to the Job Description and the Offer Sheet. Seller shall have no liability for any costs, damages, or liabilities of any kind related to such extraction and/or transportation, and Buyer agrees to fully defend and indemnify Seller for any such liability.
Shipping; Risk of Loss. Supplied Products shall only be shipped to CareDx’s U.S. location on the purchase order, unless otherwise agreed upon in writing by the Parties. All shipments will be made under a usual and typical Incoterm (2010) that Illumina specifies (e.g., ExW or DAP), and CareDx is responsible for typical third party freight and insurance costs which will be added to the invoice and paid by CareDx. To the extent the Parties agree to in writing to make any shipments to countries outside of the U.S., CareDx agrees to cover all costs associated with freight and insurance. In addition, if Illumina ships to any CareDx location in any country outside of the U.S. specified on the purchase order where there are import duties, import taxes, or any other importation or customs-related costs incurred, CareDx will be responsible to pay those expenses in full.
Shipping; Risk of Loss. All shipments for PARI Products will be made (x) [***] in [***] (INCOTERMS 2010) by a common carrier selected by PARI; and (y) in case of the United States and Canada, [***] in [***] (INCOTERMS 2010) by a common carrier selected by INSMED, such selection to be reasonably acceptable to PARI acting in good faith.
