Time and Place of Delivery. AFP shall deliver the Product to MannKind DAT (“Delivered at Terminal,” as such term is defined in INCOTERMS 2010) to Xxxx X. Xxxxxxx International Airport (“JFK”), or other designated terminal within the United States (“Alternate Designated Terminal”) at MannKind’s reasonable discretion upon reasonable written notice to AFP, to arrive on or before the scheduled date as set forth in the Purchase Orders. AFP shall ensure that the shipping, handling and storage conditions are sufficiently maintained so that there is no adverse impact to Product quality. Upon delivery to MannKind, AFP shall ensure Product will have a remaining expiry date of not less than four (4) years.
Time and Place of Delivery. (a) On the Commencement Date, Charterers shall unconditionally accept delivery of the Vessel under this Charter “as is, where is”, in whatsoever condition the Vessel may be at the time of such delivery. Such delivery shall take place at a location mutually agreed by the parties and is referred to herein as “Delivery of the Vessel”. On Delivery of the Vessel, Charterers shall execute and deliver to Owners a Certificate of Acceptance.
(b) OWNERS MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE TITLE, SEAWORTHINESS, CONDITION, VALUE, EQUIPMENT DESIGN, OPERATION, MERCHANTABILITY OR FITNESS FOR USE OF THE VESSEL FOR ANY PARTICULAR PURPOSE OR AS TO THE ELIGIBILITY OF THE VESSEL FOR ANY PARTICULAR TRADE OR ANY OTHER REPRESENTATION, WARRANTY OR GUARANTEE WITH RESPECT TO TIE VESSEL AND NONE SHALL BE IMPLIED FROM THIS CHARTER; PROVIDED, HOWEVER, THAT OWNERS WARRANT THAT OWNERS HAVE AND SHALL RETAIN WHATEVER TITLE TO THE VESSEL THAT OWNERS RECEIVED FROM CHEVRON TRANSPORT CORPORATION SUBJECT ONLY TO THE MORTGAGE, THIS CHARTER AND LIENS AND ENCUMBRANCES WHICH CHARTERERS ARE OBLIGATED TO DISCHARGE OR SATISFY. CHARTERERS HEREBY WAIVE AS AGAINST OWNERS AND THE VESSEL, ALL REMEDIES, WARRANTIES NOT EXPRESSED IN SUBCLAUSE (b) OF THIS CLAUSE 3 OR LIABILITIES, EXPRESS OR IMPLIED, ARISING BY LAW OR OTHERWISE WITH RESPECT TO OWNERS’ TITLE THERETO OR THE PHYSICAL CONDITION OF THE VESSEL AT THE TIME OF DELIVERY TO CHARTERERS INCLUDING, BUT NOT LIMITED TO (i) ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (ii) ANY IMPLIED WARRANTY ARISING FROM COURSE OF PERFORMANCE, COURSE OF DEALING OR USAGE OF TRADE, (ii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOUNDED IN STRICT LIABILITY IN TORT AND (iv) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY FOR LOSS OR DAMAGE TO THE VESSEL. The acceptance by Charterers of the Vessel under this Charter shall constitute conclusive proof, as between Owners and Charterers, that the Vessel is seaworthy, and otherwise in the condition required by this Charter, in good working order and repair and without defect or inherent defect in title, seaworthiness, condition, design, operation or fitness for use, whether or not discoverable by Charterers as of the date of such tender, and generally in all respects satisfactory to Charterers.
(c) Charterers warrant that upon Delivery of the Vessel to them the Vessel shall be in Charterers’ custody and under its con...
Time and Place of Delivery. 2.1 Delivery time is by 11/5/2021 after signature of the contract by both sides.
2.2 The place for delivery the goods is: Výzkumný ústav Xxxxx Taroucy pro krajinu a okrasné zahradnictví, v.v.i., Květnové náměstí 391, CZ 25243 Průhonice, Czech Republic (department of Biomonitoring).
Time and Place of Delivery. 2.1. The Seller shall deliver the Object of Purchase and shall carry out Related Activities within twenty- four (24) weeks from the effectiveness of this Contract.
2.2. The Buyer is responsible for shipping the Object of Purchase to the Place of delivery.
2.3. The place of delivery is the following address: Institute Atmospheric Physics CAS, Observatory Milešovka, Czech Republic.
Time and Place of Delivery i. Place of all deliveries is stipulated in the order.
ii. The time of delivery stated in the order by BPI A/S must be closely observed, i.
e. neither shortened nor extended unless the Supplier has a written acceptance of this from BPI A/S.
Time and Place of Delivery. F.O.B. DESTINATION F-4 5252.247-9201 MILSTAMP INFORMATION (SEP 1989) (APPLICABLE TO ALL F.O.B. ORIGIN CLINS) G-1 252.204-7006 BILLING INSTRUCTIONS (OCT 2005)
Time and Place of Delivery. The CONTRACTOR shall deliver and release the VESSEL to PURCHASER in to the fairway of Vltava waterway in Prague or other agreed place (the “Delivery Place”). The expenses for deliver and release of the VESSEL in the Delivery Place are included in the Contract Price as per Article 7 of this CONTRACT. The CONTRACTOR shall start building the VESSEL within 1 month from effective date of this CONTRACT. The CONTRACTOR shall deliver and release the VESSEL in the Delivery Place within 19 months (the “Delivery Date”) from effective date of this CONTRACT. The CONTRACTOR shall provide to PURCHASER with the necessary assistance in connection with the deliver and release of the VESSEL for registration the VESSEL in the Czech ship register. The Delivery Date as set out above shall be subject to extension by the cumulative amount of all Permissible Delays as provided for in this CONTRACT. The PURCHASER shall take possession of the VESSEL immediately upon delivery and acceptance. On delivery and release of the VESSEL to the PURCHASER every responsibility for the safety and generally for the condition of the VESSEL is transferred to the PURCHASER, and thereafter all responsibilities on the part of the CONTRACTOR shall cease with the exception of the obligations in Article 4 (d) hereof and with the exception of the guarantee obligations provided for in Article 12 hereof. The delivery of the VESSEL shall include all the essentials to enable operation of the VESSEL. In connection with the delivery of the VESSEL, the CONTRACTOR shall provide training of the VESSEL crew for control, operation and maintenance of the VESSEL in expected range of 5 days. The PURCHASER is entitled to request additional training of its crew on each VESSEL beyond the expected 5 days, if required. The remuneration for each additional day of training shall be set at the same rate as specified by the CONTRACTOR under Article 7 (b) (E) of this CONTRACT.
Time and Place of Delivery. 2.1 Party B shall submit the following documents, otherwise Party A is entitled to refuse the delivery, and all losses thus caused to Party A shall be borne by Party B:
Time and Place of Delivery. The Seller shall deliver the Object of Purchase and shall carry out Related Activities within 12 weeks in accordance with the maximum time limits stated in the Art. 1.3 of the Tender Documentation] weeks from the effectiveness of this Contract. The Buyer is responsible for shipping the Object of Purchase to the Place of delivery. The place of delivery is the following address: CTU in Prague – FEE, Xxxxxxxxx 0, 000 00 Xxxxxx - Xxxxxxx
Time and Place of Delivery. (a) The Owner shall give and the Charterer shall take delivery of the Vessel concurrently with delivery of the Vessel by the Builder to the Owner when the Vessel is ready for delivery by Builder after trials and the Owner, Builder and Chevron Shipping Company, as agent for the Charterer (the "Agent") have executed the Protocol of Delivery and Acceptance in substantially the form of Exhibit B to the Shipbuilding Contract.
(b) The Charterer warrants that upon delivery of the Vessel to the Charterer the Vessel shall be in the Charterer's custody and under its control.
(c) If for any reason other than a default by the Owner under the Building Contract, the Builder becomes entitled under the Building Contract not to deliver the Vessel to the Owner, the Owner shall upon giving to the Charterer written notice of Builder becoming so entitled, be excused from giving delivery of the Vessel to the Charterer and upon receipt of such notice by the Charterer this Charter shall cease to have effect.
(d) If for any reason the Owner becomes entitled under the Building Contract to reject the Vessel, the Owner shall, before exercising such right of rejection, give written notice thereof to the Charterer and consult the Charterer and thereupon:
(i) If the Charterer does not wish to take delivery of the Vessel, it shall inform the Owner within seven (7) days of notice from the Owner by notice in writing and upon receipt by the Owner of such notice this Charter shall cease to have effect; or
(ii) If the Charterer wishes to take delivery of the Vessel, it may by notice in writing within seven (7) days of notice from the Owner require the Owner to negotiate with the Builder as to the terms on which delivery should be taken and during such period refrain from exercising the Owner's right of rejection and upon receipt of such notice the Owner shall commence such negotiations; provided however, the Owner shall not be required to accept delivery of the Vessel from the Builder unless the terms of such delivery are acceptable to it in its sole discretion.
(e) In no circumstances shall the Charterer be entitled to reject the Vessel unless the Owner is able to reject the Vessel from the Builder. If this Charter terminates under sub-clause (c) or (d) of this Clause, the Owner shall thereafter not be liable to the Charterer for any claim under or arising out of this Charter or its termination.
(f) THE OWNER MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, EXPRESS OR IMPLIED, STA...
