Delivery of Products. Time is of the essence for the delivery of Products under this PO. SELLER shall deliver Products in strict conformity with all requirements set forth in this PO, including any delivery schedule and shipping instructions. If SELLER does not make deliveries as specified on the face of this PO, BUYER reserves the right to cancel/and or purchase elsewhere and hold SELLER accountable for all reasonable excess costs and expenses incurred by BUYER. SELLER shall not substitute other items or revise specifications from those specified in the PO without the prior written consent of BUYER. SELLER shall notify the BUYER in writing of any proposed change to (i) the Product(s), including any proposed change to the manufacturing location or the manufacturing process of the Products or the potential closure of the applicable manufacturing facility, or (ii) the ownership of SELLER at least thirty (30) days prior to the shipment date of such Product(s). Unless otherwise expressly permitted in this PO or authorized in writing by BUYER, SELLER shall not deliver Product(s) more than five (5) days in advance of the delivery date specified in this PO. In the event of such an early shipment, BUYER may, at its sole discretion, either retain or return the Product(s) at SELLER’s expense. If BUYER elects to retain the Product(s), BUYER will not issue payment for such Product(s) until such time that payment would have been due if such Product(s) had been delivered in accordance with the scheduled delivery date.
Appears in 6 contracts
Samples: Entire Agreement, Entire Agreement, Entire Agreement
