Title and Delivery of Product Sample Clauses

Title and Delivery of Product. (a) All Products shall be delivered FOB/FCA COMPANY's manufacturing facility to the carrier designated by DISTRIBUTOR. If no such designation is made by DISTRIBUTOR, COMPANY shall select the most cost-effective carrier, given the time constraints known to COMPANY. COMPANY's title and the risk of loss to the Products shall pass to DISTRIBUTOR upon delivery of the Products to the carrier. For purposes of this Agreement, FOB and FCA shall have the meanings assigned to them under, and shall be governed by, Incoterms 1990 of the International Chamber of Commerce.
Sample 1
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Title and Delivery of Product. (a) Delivery of the Products to the Distributor shall be completed upon delivery of the Products to the Distributor’s freight forwarder at a location specified by Company. All shipments shall be EXFACTORY from such location. In all cases, Company’s title and the risk of loss or damage to any Product, shall pass to the Distributor upon delivery of the Products to the Distributor’s freight forwarder. Shipping dates are approximate and are based upon prompt receipt of all necessary information from the Distributor. In no event shall Company be liable for any reprocurement costs for delay in delivery or non-delivery, due to causes beyond Company’s control. In the event of any such delay, the date of delivery shall automatically be extended for a period equal to the time lost by reason of the delay. In any event, Company shall not be in default for failure to deliver unless Company does not respond to the Distributor with a revised delivery commitment within fifteen (15) days after receipt of written notice of failure to deliver from the Distributor. The Distributor’s sole remedy for such default shall be cancellation of the order. Company further reserves the right to allocate production deliveries among its customers in a fair and reasonable manner.
Sample 1
Title and Delivery of Product. Product shall be shipped [FCA — US][ - International] (Incoterms 2010) [Facility] in accordance with the Specifications. Shipment shall be via the carrier designated by Purchaser in the applicable Purchase Order or otherwise provided to Manufacturer in writing by Purchaser. Title to and risk of loss of Product shall pass to Purchaser at the time of delivery to the carrier designated by Purchaser at [Facility]. Unless otherwise agreed by the Parties, Manufacturer shall deliver the Product to arrive no more than five (5) days before and zero (0) days after the delivery date set forth in the applicable Purchase Order. Each delivery of Product shall not deviate more than five percent (5%) per line item quantity on the applicable Purchase Order, unless otherwise agreed to by Purchaser. Each delivery of Product shall be accompanied by a Certificate of Analysis and such other documents as may be required pursuant to the Quality Agreement or applicable Law.
Sample 1
Title and Delivery of Product. Product shall be shipped [FCA — US][ - International] (Incoterms 2010) [Facility] in accordance with the Specifications. Shipment shall be via the carrier designated by Purchaser in the applicable Purchase Order or otherwise provided to Manufacturer in writing by Purchaser. Purchaser shall at all times retain title to Product. Risk of loss of Product shall pass from Manufacturer to Purchaser at the time of delivery to the carrier designated by Purchaser at [Facility]; provided, however, that Manufacturer shall bear the risk of loss of Product arising from Manufacturer’s negligence, willful misconduct, failure to comply with cGMPs or the Product Specifications, or breach of this Agreement. Unless otherwise agreed by the Parties, Manufacturer shall deliver the Product to arrive no more than five (5) days before and zero (0) days after the delivery date set forth in the applicable Purchase Order. Each delivery of Product shall not deviate more than five percent (5%) per line item quantity on the applicable Purchase Order, unless otherwise agreed to by Purchaser. Each delivery of Product shall be accompanied by a Certificate of Analysis and such other documents as may be required pursuant to the Quality Agreement or applicable Law.
Sample 1

Related to Title and Delivery of Product

  • Delivery of Product 10.1 Subject to Clause 24 (Capacity Constraints), GSK (or the Nominated Supplier) shall Deliver the Products on the date specified in the relevant Firm Order, provided that:

  • Delivery of Products As specified in Exhibit A, DR and/or Vendor shall be responsible for making digital and/or tangible delivery of the Products as follows: a. The following provisions shall apply to any Products listed on Exhibit A for which digital delivery is to be made by DR: 1. Within twenty-four (24) hours after receipt of an order from an End User, DR shall make digital delivery of the Products available to the End User. b. The following provisions will apply to any Products listed on Exhibit A for which tangible delivery is to be made by DR: 1. The Vendor shall provided DR with an inventory of the Products to be held on consignment and used by DR to fulfill orders for the Products. DR shall be responsible for the delivery of the Products to the End Users at the locations designed by the End User. 2. The Products shall be delivered to DR prepackaged and ready for shipment and delivery to the End User. The Vendor shall be solely responsible for the shipment of the Products to DR and shall be solely responsible for all costs and expenses associated with any such shipments. The Vendor shall bear the entire risk of loss or damage to the Products during shipments to or from DR. 3. Within fifteen (15) days after the date of this Agreement, the Vendor shall provide DR with such consigned quantities of the Products as may be mutually agreed upon in writing by DR and the Vendor. On a periodic basis, DR shall provide an inventory detail to Vendor showing the current inventory of the Products, Periodically, DR will issue consignment purchase orders for the estimated needs of the Product to be tangibly delivered. The Vendor shall be responsible for making prompt delivery of the Products to DR. 4. All Shipments of Product to DR will be clearly labeled with DR's purchase order number on the outside of the box. If DR is tracking serial numbers for the Products, Vendor will provide with each shipment of the Product a complete list of the serial numbers of the Product enclosed in the box. 5.DR shall have no liability of any kind whatsoever as a result of delay in the delivery of the Products by Vendor, or the delivery of

  • Execution and Delivery of Receipts Upon receipt by any Custodian of any deposit pursuant to Section 2.2 hereunder (and in addition, if the transfer books of the Issuer or the Foreign Registrar, if applicable, are open, the Depositary may in its sole discretion require a proper acknowledgment or other evidence from the Issuer that any Deposited Securities have been recorded upon the books of the Issuer or the Foreign Registrar, if applicable, in the name of the Depositary or its nominee or such Custodian or its nominee), together with the other documents required as above specified, such Custodian shall notify the Depositary of such deposit and the person or persons to whom or upon whose written order a Receipt or Receipts are deliverable in respect thereof and the number of American Depositary Shares to be evidenced thereby. Such notification shall be made by letter or, at the request, risk and expense of the person making the deposit, by cable, telex or facsimile transmission. Upon receiving such notice from such Custodian, or upon the receipt of Shares by the Depositary, the Depositary, subject to the terms and conditions of this Deposit Agreement, shall execute and deliver at its Corporate Trust Office, to or upon the order of the person or persons entitled thereto, a Receipt or Receipts, registered in the name or names and evidencing any authorized number of American Depositary Shares requested by such person or persons, but only upon payment to the Depositary of the fees and expenses of the Depositary for the execution and delivery of such Receipt or Receipts as provided in Section 5.9, and of all taxes and governmental charges and fees payable in connection with such deposit and the transfer of the Deposited Securities.

  • Sale and Delivery of the Shares On the basis of the representations, warranties and agreements and subject to the terms and conditions set forth herein, the Company and the Manager agree that the Company may from time to time seek to sell Shares through the Manager, acting as sales agent, or directly to the Manager acting as principal, as follows:

  • Delivery of Property The Custodian shall not be responsible for any securities or other assets of a Portfolio which are not received by the Custodian or which are delivered out in accordance with Proper Instructions. The Custodian shall not be responsible for the title, validity or genuineness of any securities or other assets or evidence of title thereto received by it or delivered by it pursuant to this Agreement.

  • Execution and Delivery of Agreement Each of the parties shall be entitled to rely on delivery by fax transmission of an executed copy of this agreement by the other party, and acceptance of such fax copies shall create a valid and binding agreement between the parties.

  • Execution and Delivery of Documents Such Purchaser shall have received the following, each to be dated the Date of Closing unless otherwise indicated:

  • Purchase, Sale and Delivery of the Shares (a) On the basis of the representations, warranties, covenants and agreements herein contained, but subject to the terms and conditions herein set forth, the Company agrees to sell to the Underwriters and the Underwriters, severally and not jointly, agree to purchase from the Company, at a purchase price per share of $_______, the number of Firm Shares set forth opposite the respective names of the Underwriters in Schedule I hereto plus any additional number of Shares which such Underwriter may become obligated to purchase pursuant to the provisions of Section 9 hereof.

  • Issuance, Sale and Delivery of the Shares The Shares have been duly authorized and, when issued, delivered and paid for in the manner set forth in this Agreement, will be duly authorized, validly issued, fully paid and nonassessable, and will conform in all material respects to the description thereof set forth in the Private Placement Memorandum. No preemptive rights or other rights to subscribe for or purchase exist with respect to the issuance and sale of the Shares by the Company pursuant to this Agreement. No stockholder of the Company has any right (which has not been waived or has not expired by reason of lapse of time following notification of the Company's intent to file the Registration Statement) to require the Company to register the sale of any shares owned by such stockholder under the Securities Act of 1933, as amended (the "Securities Act"), in the Registration Statement. No further approval or authority of the stockholders or the Board of Directors of the Company will be required for the issuance and sale of the Shares to be sold by the Company as contemplated herein.

  • Execution and Delivery The Guaranteeing Subsidiary agrees that the Guarantee shall remain in full force and effect notwithstanding the absence of the endorsement of any notation of such Guarantee on the Notes.

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