Time and Delivery Sample Clauses

Time and Delivery. Because Xxxxx’s business and operations are in part dependent on receipt of the Products that are the subject of this Agreement, timely delivery of the Products is essential to the performance of Seller’s obligations hereunder. Unless otherwise specified on the face of this Agreement, terms of delivery of the Products are F.O.B. destination with freight prepaid. Deliveries shall be made at the times and of the quantities specified on the face of this Agreement, and Seller shall not, without the written consent of Buyer, make shipments in advance of such schedule. Buyer may order expedited routing in place of scheduled routing, if necessary to meet schedule or recover time lost by any delay, in which event any excess transportation costs shall be paid by Seller. Buyer may postpone delivery of any Products covered hereby. Overshipments may be returned by Buyer at Seller's expense or retained by Xxxxx at no increase in price. Seller shall not make any commitment or production arrangements in excess of the amounts, or in advance of the time, necessary to meet Xxxxx’s delivery schedule for Products.

Time and Delivery. 8.1. The times and dates stated in the Purchase Order for delivery or completion (including any extension of such time or date granted in writing by COUNCIL) shall be binding and are of the essence. 8.2. If it appears that the Goods or Services will not be delivered or completed within the time and dates stated in the Purchase Order, the supplier must immediately notify the COUNCIL of the anticipated delay. In the event of the delay occurring COUNCIL reserve the right to terminate all or part of the Agreement (without compensation to the Supplier). 8.3. The Supplier shall deliver or arrange delivery of Products without additional charge to COUNCIL, to the address stated in the Purchase Order. 8.4. The Supplier shall not charge COUNCIL for wrapping, packing, cartons, boxing or preparing the Products for shipment unless authority for such charge is expressly incorporated in the Agreement. 8.5. The Supplier must ensure that: (a) All cases, crates and packages to be used in packaging the Products shall be protected against corrosion, weather damage, condensation, distortion, damage by vermin and the ingress of foreign matter; (b) All packaging material shall comply with all legal requirements in New Zealand which are relevant to such materials, including the requirements of the Ministry of Forestry and the Ministry of Agriculture and Fisheries. The Supplier shall take all necessary steps to ensure that the packing materials comply with such rules and the Supplier indemnifies COUNCIL against all losses, claims or expenses suffered or incurred by it as a result of such packing material not so complying; (c) A packing slip is provided with all goods; (d) The number on the Purchase Order must be quoted on all packing slips, delivery dockets, invoices and related documents, and shown clearly on all consignments. 8.6. The Supplier shall ensure that prior to the delivery or use of any Hazardous Substance on Site, the Supplier: (a) applies appropriate labelling to the Product; (b) provides COUNCIL with a copy of the current Safety Data Sheet for such Hazardous Substance that complies with any relevant Code of Practice; (c) provides COUNCIL with a completed risk assessment if Services include the use of such Hazardous Substances; (d) complies in all respects with the requirements of the Hazardous Substances and New Organisms Act 1996 and related regulations; and (e) complies with the health and safety requirements at clause 17.

Time and Delivery. 7.1 Servent shall use reasonable endeavours to provide the Services in accordance with any timescales which may be detailed in a framework agreement document or Statement of Work. However, for the avoidance of doubt, time shall not be of the essence in the delivery of Services. 7.2 If the Customer refuses or fails to take delivery of the Services tendered in accordance with this Agreement, Servent shall be entitled to payment in full for the Services so tendered. 7.3 The response times stated in any framework agreement document or Statement of Work are subject to remote access to the Customer’s equipment via Servent’s chosen remote access software. 7.4 Servent and the Customer will hold a review meeting every 90 days to discuss all open Statements of Work and agree solutions to any problems arising.

Time and Delivery. Time shall be of the essence. Unless otherwise agreed in writing Seller shall deliver pursuant to the delivery schedule. If a mutually agreed extension is arrived at for the final delivery date, the Buyer will document any such changes to the original Order.

Time and Delivery. 4.1 Where time and/or sequence for delivery and performance by the Company is specified such provision shall be of the essence of the Contract. 4.2 Failure by the Supplier to adhere to any provision as to time contained in the contract shall entitle the Company at its option to treat the Contract as repudiated, the Company shall be entitled to exercise its option at any time after the period of the time specified shall have elapsed and shall not be prejudiced by any delay or by giving time or other indulgence to the Supplier in exercising such option. 4.3 Notwithstanding any such repudiation of the Contract, the Company shall be entitled to damages in respect of all costs, losses and expenses (including damages incurred by the Company from their customers) sustained by reason of the failure of the Supplier to meet the time agreed. 4.4 Unless the Company agrees otherwise in writing all goods and materials supplied are to be delivered by the Supplier carriage paid to the address for delivery specified in the Order. 4.5 The Supplier agrees to despatch all shipments to the delivery address (es) so that goods arrive no earlier than two working days before and no later than the date requested by the Company. 4.6 Without prejudice to the other terms and conditions of this agreement, if the Supplier is subsequently unable to meet the acknowledged schedule of delivery the Company is to be notified immediately at the first indication that the default is foreseen. 4.7 If the Supplier fails to adhere to the agreed timescales the Company (in addition to its other rights) reserves the right to: 4.7.1 cancel, reduce or reschedule the Contract or any part of it; 4.7.2 enter into contracts with third parties to complete the performance; 4.7.3 be paid by the Supplier for all expenses necessarily incurred by the Company in order to fulfil the Order plus any damages incurred by the Company as a result of the Supplier’s failure to adhere to the agreed timescales. 4.8 The Company may at any time, without invalidating the Contract alter, amend, omit, add to or otherwise make any changes to the Order by issuing an instruction and the Supplier shall be bound by such changes, as though they formed part of the original Order. (a) Where ever possible, prior to the issue of any instruction any affect on the programming of work, Contract programme or Contract Price shall be mutually agreed. (b) If as a result of default, breach or action on the part of the Supplier, the Company, or the...

Time and Delivery. 6.1 The Provider shall use all reasonable endeavours to provide the Services in accordance with any timescales which may be detailed in a Statement of Work. 6.2 Software and Software Development shall be delivered to the Customer in machine readable form together with Documentation where applicable. 6.3 The Provider and the Customer will hold a review meeting every 90 days to discuss all open Statements of Work and agree solutions to any problems arising.

Time and Delivery. Because Buyer’s business and operations are in part dependent on receipt of the Products that are the subject of this Agreement, timely delivery of the Products is essential to the performance of Seller’s obligations hereunder. Unless otherwise specified on the face of this purchase order, terms of delivery of the Products are F.O.B destination with freight prepaid. Deliveries shall be made at the times and of the quantities specified on the face of this purchase order, and Seller shall not, without the written consent of Buyer, make shipment sin advance of such schedule. Buyer may order expedited routing in place of scheduled routing, if necessary, to meet schedule or recover time lost by and delay, in which even any excess transportation costs shall be paid by Seller. Buyer may postpone delivery of any Products covered hereby. Over shipments may be returned by Buyer at Seller’s expense or retained by Buyer at no increase in price. Seller shall not make any commitment or production arrangements in excess of the amounts, or in advance of the time, necessary to meet Buyer’s delivery schedule for Products.

Time and Delivery. The Supplier shall deliver Goods to the place stated in the Order (and in accordance with any additional instructions included with the Order by Relay) or such other place of delivery as is specified by Relay in writing prior to delivery. If no such date is stated, within 28 days of the date of the Order. The Supplier shall complete Services and associated deliverables by the dates specified in the Order (and in accordance with any additional instructions included with the Order by Relay). Time is of the essence with regards to delivery or completion dates stated in the Order. In the event of non- compliance with delivery or completion dates, Relay reserves the right to cancel the Order or any part of it and the Supplier shall be liable for any damages, costs or loss suffered or incurred by Relay by reason of non-delivery or non-completion by the due date. Relay reserves the right to apply liquidated damages and all associated costs for each week or part of the week for any delay to the due delivery or completion dates. Neither Relay or the Supplier shall be under any liability for failure to perform any obligation under the Contract to the extent that the performance is prevented, frustrated, hindered or delayed by war, insurrection, riot, fire, floods, strikes, lock- outs or Government intervention or any cause reasonably beyond the control which by its nature could not have been foreseen by such the party or if it could have been foreseen was unavoidable of the Supplier or Relay. Notice of any force majeure claim must be given promptly and confirmed in writing by the party intending to rely on it.

Time and Delivery. Delivery times are given as an indication for each order and constitute for ECOCUP an obligation of means. Delivery delays do not entail any cancellation or change of the contract. They shall not give rise to damages or penalties. Deliveries are only made according to availability and in which orders are received. The Customer authorises ECOCUP to make deliveries in whole or in part. The Products are received by handing them over to the Customer or his agent by the carrier at the address indicated by the Customer. Upon receipt by the Customer of the Products and without delay, the Customer undertakes: (i) to check that the number of packages received corresponds to the number indicated on the delivery note and; (ii) to proceed carefully with the examinations reasonably necessary to verify the general condition of these packages. Any partial losses, damage or deterioration that would affect the contents of the packages, and that would be noted during these checks, will be the subject of express reservations by the Customer in the shipping note and will also be notified by the Customer in a clear and detailed manner to the carrier by registered letter within three (3) days of receipt of the Products, with a copy sent to ECOCUP at the following e-mail address "xxxxxxxxxxx@xxxxxx.xxx". After this period, the Customer will no longer be entitled to claim any partial losses, damage or deterioration of the Products delivered.

Time and Delivery. DEGUSSA agrees and acknowledge that time is of the essence in this AGREEMENT, and it is accordingly contemplated between the parties that delivery of the CREATINE shall occur at the latest by June 15., 2003. If CREATINE conforming to the SPECIFICATIONS has not been delivered to AVICENA on or before the date, AVICENA shall have the option, but not the obligation, to terminate this AGREEMENT with no liability to DEGUSSA, and DEGUSSA shall be deemed to be in material breach of this AGREEMENT, and DEGUSSA shall immediately refund to AVICENA all amounts paid to DEGUSSA by AVICENA pursuant to the terms of this AGREEMENT.