Common use of Shipping; Risk of Loss Clause in Contracts

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. (a) All costs for shipping Coal that will be transported by barge as set forth in the Confirmation will be loaded and handling shall be billed to and paid delivered, as applicable, by Supplier. Shipping terms are “DDP destination Seller into barges at Seller's loading facilities at the Delivery Point specified in the applicable Purchase Order INCOTERMS 2010” Confirmation, at the loading times established under the agreed upon delivery schedule. Seller must load barge(s) in accordance with the Carrier Specifications (as defined below), including but not limited to minimum loading and maximum loading standards. Seller will be responsible for international shipments payment of all charges imposed by Xxxxx's barge carrier ("Barge Carrier") resulting from Seller's non-compliance with the Carrier Specifications (as defined in (c) below), including but not limited to, demurrage charges incurred at Seller's Loading Facilities and “DAP destination specified for any under-loading or over-loading charges incurred and charges in the applicable Purchase Order INCOTERMS 2010” for domestic shipmentsconnection with any damage to such barge(s) plus other reasonable administrative expenses and costs related to such charges. If Buyer is assessed any demurrage, damage, or other charges by the Barge Carrier caused by Seller or its contractors or other representatives, Buyer will net such charges against outstanding invoices owed to Seller pursuant to Section 9 of these Standard Terms. If there are no DEK - IronCoul -PO - 34716-July 2021 Spot-Confinn - as otherwise agreed upon of21_8_31 4 remaining outstanding invoices, Seller will pay Buyer by electronic funds transfer in writing between Supplier and Chobani. Supplier shall ensure that all Product shipments United States funds 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 account 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 ChobaniXxxxx. (b) Supplier shall fully insure all shipments Coal that will be transported by rail as set forth in the Confirmation will be loaded and delivered by carrier up Seller into unit trains at Seller's Delivery Point specified in the Confirmation, at the loading times established under the agreed upon delivery schedule. Seller is required to be available to load coal at any time, twenty-four (24) hours a day, seven (7) days a week, at Seller's Loading Facilities. Further, each unit train must be loaded in accordance with the Carrier Specifications, including but not limited to minimum loading and maximum loading standards, such that the lowest available rail rate to Buyer is obtained for the Shipment of coal to the total price applicable Station(s) or other Buyer destination. In addition to the foregoing, prior to loading any railcar (i) Seller must visually check each railcar to ensure that such railcar is reasonably free of debris and (ii) and must check that the Productsdoors on such railcars (with the exception of gondolas) are "locked-over-center" and visually check that the primary and secondary locking mechanisms are secure. For any railcars that (A) are determined to contain debris or (B) for which the doors are not "locked­ over-center" or the primary or secondary locking mechanism appears to not be secure, Seller must refuse to load such railcar and mark such car on the waybill as a "bad order". When in reasonable doubt as to the condition of any railcar Seller should "bad order" such railcar as provided above. Seller will be responsible for payment of all charges imposed by Xxxxx's rail carrier ("Rail Carrier") resulting from Seller's non-compliance with the Carrier Specifications, including but not limited to, demurrage charges incurred at Seller's Loading Facilities and for any under-loading or over-loading charges incurred plus other reasonable administrative expenses related to such charges. If Xxxxx is assessed any charges by the Rail Carrier caused by Seller or its contractor or other representatives, Buyer will net such charges against outstanding invoices owed to Seller pursuant to Section 9 of these Standard Terms. If there are no remaining outstanding invoices, Seller will pay Buyer by electronic funds transfer in United States funds to the account specified by Xxxxx. (c) Supplier will package Each of the Products in accordance Barge Carrier and the Rail Carrier may be referred to herein individual, as applicable, as "Carrier". ·carrier Specifications" means the provisions of the applicable Carrier tariff or applicable agreement(s) made by Buyer with Chobani’s standards set forth in Schedule C the Carrier, as amended from time to this Agreement ortime, in covering the absence thereofrequirements for each Shipment, in such a manner so as to protect including the Products from loss or damage timing 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 freightloading requirements thereunder, which is lower than the price at which Supplier is able to procure for freight hereunderare incorporated herein by reference. Upon receiving request by Seller, such request, Supplier shall arrange freight through such third party identified Carrier Specifications will be made available for review by Chobani at the lower Seller; provided that Buyer will not be required to disclose 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 pricingother confidential or commercially sensitive information.