STOP SHIPMENTS Sample Clauses

STOP SHIPMENTS. The Buyer acknowledges that the Division reserves the right, in its sole discretion, to cancel any Buyer orders previously accepted by the Division or to delay the delivery of any of the Products covered thereby if the Buyer defaults in any of its obligations under this Agreement or if the Division reasonably believes that the Buyer may do so for or with respect to any past or pending Buyer order.
Sample 1
AutoNDA by SimpleDocs
STOP SHIPMENTS. Upon receipt of Buyer's written documentation indicating that a defect in the Product has been discovered, Supplier will immediately stop shipment and manufacturing of Products which are subject to a suspected failure to meet the criteria specified in such Products' acceptance criteria. If Supplier is responsible for such failure, and Supplier is not able to correct the matter within thirty (30) days of receipt of such stop notice, then (i) Buyer may reject non-conforming Products, and, (ii) Buyer may, without penalty (including loss of capacity), cancel any then-pending Purchase order(s) for such Products as to which product has not been shipped by sending written notice of cancellation to Supplier. Such a notice of cancellation shall be effective on receipt by Supplier.
Sample 1
STOP SHIPMENTS. 4.5.1 Subject to Buyer's obligations with respect to volumes committed under the ordering and forecasting procedures involved, upon receipt of Buyer's written Stop Request, Seller will immediately stop shipment of Products which are subject to a suspected failure to meet the criteria specified in the wafer acceptance criteria agreed upon in writing between Buyer and Seller. If Seller is responsible for such failure, and Seller is not able to correct the matter within sixty (60) days of receipt of such Stop Notice, then (i) Buyer may reject non-conforming Products, and, (ii) Buyer may, without penalty (including loss of capacity), cancel any then-pending purchase order(s) for such Products as to which Wafers have not been started by sending written notice of cancellation to Seller within seventy- five (75) days of the written Stop Request. Such a notice of cancellation shall be effective on receipt by Seller. 4.5.2 If Buyer requests Seller to stop shipment of any Products which Buyer is obligated to purchase, and the Products are determined in good faith by Seller to have been processed in accordance with the applicable written requirements, in addition to and without waiving any other remedies, Buyer shall pay Seller in full for completed Products and, in addition, for Seller's reasonable costs for work in progress. Under this Section 4.5 payment for completed Products will be at the purchase order price, and payment for work in progress shall be based on Buyer's actual costs for raw materials and the relative mask step reached when work is stopped.
Sample 1
STOP SHIPMENTS. SEL may, in its sole discretion, cancel any Reseller orders previously accepted by SEL or delay the delivery of any of the Products covered thereby if the Reseller defaults in any of its obligations under this Agreement or if SEL reasonably believes that the Reseller may do so for or with respect to any past or pending Reseller order.
Sample 1
STOP SHIPMENTS. Subject to Section 5 of the Capacity Agreement, with respect to orders comprising Allocated Production Capacity, as defined in that agreement, and Conexant's obligations with respect to volumes committed under the ordering and forecasting procedures involved, UMC will immediately stop shipment and manufacturing, upon receipt of Conexant's written request ("Stop Request"), of Products which are subject to a suspected failure to meet the criteria specified in the wafer acceptance criteria agreed upon in writing between Conexant and UMC. If UMC is responsible for such failure, and UMC is not able to correct the matter within sixty (60) days of receipt of such Stop Notice, then (i) Conexant may reject non-conforming Products, and, (ii) Conexant may, without penalty (including loss of capacity), cancel any then-pending purchase order(s) for such Products as to which wafers have not been started by sending written notice of cancellation to UMC within seventy-five (75) days of the Stop Request. Such a notice of cancellation shall be effective on receipt by UMC. 4.5.1 If Conexant requests UMC to stop shipment of any Products which Conexant is obligated to purchase, and the Products are determined in good faith by UMC and Conexant to have been processed in accordance with the applicable written requirements and industry-standard processing except to the extent Conexant's written requirements require something other than industry-standard processing, in addition to and without waiving any other remedies, Conexant shall pay UMC in full for completed Products and, in addition, for UMC's reasonable costs for work in progress. Under this Section 4.5 payment for completed Products will be at the purchase order price, and payment for work in progress shall be based on the formula used in Section 3.3.2 for partially completed products.
Sample 1

Related to STOP SHIPMENTS

  • Shipments The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties.

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • Drop Shipped Off loaded by carrier to an Agency loading dock or designated area. There will be no charge to the ordering Agency for this delivery method.

  • Stop Work Orders A. The JBE may, at any time, by Notice to Contractor, require Contractor to stop all or any part of the Services for a period up to ninety (90) days after the Notice is delivered to Contractor, and for any further period to which the parties may agree (“Stop Work Order”). The Stop Work Order shall be specifically identified as such and shall indicate it is issued under this provision. Upon receipt of the Stop Work Order, Contractor shall immediately comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the Services covered by the Stop Work Order during the period of stoppage. Within ninety (90) days after a Stop Work Order is delivered to Contractor, or within any extension of that period to which the parties shall have agreed, the JBE shall either (i) cancel the Stop Work Order; or (ii) terminate the Services covered by the Stop Work Order as provided for in this Agreement. B. If a Stop Work Order issued under this provision is canceled or the period of the Stop Work Order or any extension thereof expires, Contractor shall resume the performance of Services. The JBE shall make an equitable adjustment in the delivery schedule, the Contract Amount, or both, and the Agreement shall be modified, in writing, accordingly, if: i. The Stop Work Order results in an increase in the time required for, or in Contractor’s cost properly allocable to the performance of any part of this Agreement; and ii. Contractor requests an equitable adjustment within thirty (30) days after the end of the period of stoppage; however, if the JBE decides the facts justify the action, the JBE may receive and act upon a proposal submitted at any time before final payment under this Agreement. C. The JBE shall not be liable to Contractor for loss of profits because of a Stop Work Order issued under this provision.

  • Packing Materials and Containers for Shipment Packing materials and containers in which the good is packed for shipment shall be disregarded in determining whether-- (i) the non-originating materials used in the production of the good undergo an applicable change in tariff classification set out in subdivision (t) of this note; and (ii) the good satisfies a regional value-content requirement.

  • PACKING AND SHIPMENT (a) Unless otherwise specified, all Work is to be packed in accordance with good commercial practice. (b) A complete packing list shall be enclosed with all shipments. SELLER shall mark containers or packages with necessary lifting, loading, and shipping information, including the LOCKHEED XXXXXX Contract number, item number, dates of shipment, and the names and addresses of consignor and consignee. Bills of lading shall include this Contract number. (c) Unless otherwise specified, delivery shall be FOB Place of Shipment.

  • Mail Order Catalog Warnings In the event that, the Settling Entity prints new catalogs and sells units of the Products via mail order through such catalogs to California consumers or through its customers, the Settling Entity shall provide a warning for each unit of such Product both on the label in accordance with subsection 2.4 above, and in the catalog in a manner that clearly associates the warning with the specific Product being purchased. Any warning provided in a mail order catalog shall be in the same type size or larger than other consumer information conveyed for such Product within the catalog and shall be located on the same display page of the item. The catalog warning may use the Short-Form Warning content described in subsection 2.3(b) if the language provided on the Product label also uses the Short-Form Warning.

  • Stop Work Order (a) NYSERDA may at any time, by written Order to the Contractor, require the Contractor to stop all or any part of the Work called for by this Agreement for a period of up to ninety (90) days after the Stop Work Order is delivered to the Contractor, and for any further period to which the parties may agree. Any such order shall be specifically identified as a Stop Work Order issued pursuant to this Section. Upon receipt of such an Order, the Contractor shall forthwith comply with its terms and take all reasonable steps to minimize the incurrence of costs allocable to the Work covered by the Order during the period of work stoppage consistent with public health and safety. Within a period of ninety (90) days after a Stop Work Order is delivered to the Contractor, or within any extension of that period to which the parties shall have agreed, NYSERDA shall either: (i) by written notice to the Contractor, cancel the Stop Work Order, which shall be effective as provided in such cancellation notice, or if not specified therein, upon receipt by the Contractor, or (ii) terminate the Work covered by such order as provided in the Termination Section of this Agreement. (b) If a Stop Work Order issued under this Section is cancelled or the period of the Order or any extension thereof expires, the Contractor shall resume Work. An equitable adjustment shall be made in the delivery schedule, the estimated cost, the fee, if any, or a combination thereof, and in any other provisions of the Agreement that may be affected, and the Agreement shall be modified in writing accordingly, if: (i) the Stop Work Order results in an increase in the time required for, or in the Contractor’s cost properly allocable to, the performance of any part of this Agreement, and (ii) the Contractor asserts a claim for such adjustments within 30 days after the end of the period of Work stoppage; provided that, if NYSERDA decides the facts justify such action, NYSERDA may receive and act upon any such claim asserted at any time prior to final payment under this Agreement. (c) If a Stop Work Order is not cancelled and the Work covered by such Order is terminated, the reasonable costs resulting from the Stop Work Order shall be allowed by equitable adjustment or otherwise. (d) Notwithstanding the provisions of this Section 12.01, the maximum amount payable by NYSERDA to the Contractor pursuant to this Section 12.01 shall not be increased or deemed to be increased except by specific written amendment hereto.

  • Purchase Orders Unless otherwise authorized in writing by the Commissioner, no Product is to be delivered or furnished by Contractor until transmittal of an official Purchase Order from the Authorized User. Unless terminated or cancelled pursuant to the authority vested in the Commissioner, Purchase Orders shall be effective and binding upon the Contractor when placed in the mail or electronically transmitted prior to the termination of the contract period, addressed to the Contractor at the address for receipt of orders set forth in the Contract or in the Contract Award Notification. All Purchase Orders issued pursuant to Contracts let by the Commissioner must bear the appropriate Contract number and, if necessary, required State approvals. As deemed necessary, the Authorized User may confirm pricing and other Product information with the Contractor prior to placement of the Purchase Order. The State reserves the right to require any other information from the Contractor which the State deems necessary in order to complete any Purchase Order placed under the Contract. Unless otherwise specified, all Purchase Orders against Centralized Contracts will be placed by Authorized Users directly with the Contractor and any discrepancy between the terms stated on the vendor’s order form, confirmation or acknowledgment, and the Contract terms shall be resolved in favor of the terms most favorable to the Authorized User. Should an Authorized User add written terms and conditions to the Purchase Order that conflict with the terms and conditions of the Contract, the Contractor has the option of rejecting the Purchase Order within five business days of its receipt but shall first attempt to negotiate the additional written terms and conditions in good faith with the Authorized User, or fulfill the Purchase Order. Notwithstanding the above, the Authorized User reserves the right to dispute any discrepancies arising from the presentation of additional terms and conditions with the Contractor. If, with respect to an Agency Specific Contract let by the OGS Commissioner, a Purchase Order is not received by the Contractor within two weeks after the issuance of a Contract Award Notification, it is the responsibility of the Contractor to request in writing that the appropriate Authorized User forward a Purchase Order. If, thereafter, a Purchase Order is not received within a reasonable period of time, the Contractor shall promptly notify in writing the appropriate purchasing officer in OGS. Failure to timely notify such officer may, in the discretion of the OGS Commissioner and without cost to the State, result in the cancellation of such requirement by the OGS Commissioner with a corresponding reduction in the Contract quantity and price.

  • Purchase Order Requirements Customers shall use a Request for Quote per section 287.056(2), Florida Statutes, when making purchases off of this State Term Contract. Customers shall issue Request for Quotes to at least 25 vendors approved to provide IT Staff Augmentation services in accordance with section 287.0591(5), Florida Statutes. Customers shall order services from the Request for Quote via a Purchase Order with the Customers’ selected Contractor. The terms of the Purchase Order shall not conflict with the terms and conditions established by this Contract. In accepting a Purchase Order, the Contractor recognizes its responsibility for all tasks and deliverables contained therein, warrants that it has fully informed itself of all relevant factors affecting accomplishment of the tasks and deliverables and agrees to be fully accountable for the performance thereof.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!