SHIPMENT OR DELIVERY Sample Clauses

SHIPMENT OR DELIVERY. 3.1 The Contract shall specify whether the Buyer or Seller shall be responsible for the shipping and/or delivery of the Goods, and at what point title of the goods (and therefore risk) passes.
Sample 1Sample 2
AutoNDA by SimpleDocs
SHIPMENT OR DELIVERY. Except for Spare Parts, in the event that Shipment or Delivery (as applicable depending upon the Guaranteed Date) of a Unit (as defined in Section 4.1(d)) is not made on or before the applicable Guaranteed Date for such Unit as set forth in Section 4.1(a) due to causes not excused by the provisions of this Contract, daily liquidated damages shall accrue (subject to the notice requirements of Section 4.1(d)(i) and (ii) in the event that certain Equipment is missing) at the following rates for each full day that Shipment or Delivery (as applicable) of such Unit occurs after the Guaranteed Date: for days one (1) through fourteen (14), the sum of Twenty Thousand Dollars ($20,000) per day, per Unit; and for days beyond the fourteenth (14th) day, the sum of Forty Thousand Dollars ($40,000) per day, per Unit.
Sample 1Sample 2
SHIPMENT OR DELIVERY. Time is of the essence. For services, Seller shall provide them to Buyer as described and in accordance with the dates or schedule set forth on the purchase order and in accordance with these terms and conditions. For goods, delivery will be FOB location identified in the purchase order and dates of shipment and delivery shall be in accordance with the schedule set out in the purchase order. If it appears Seller will not meet such schedule or if Seller fails to meet such schedule, Seller shall ship via expedited routing necessary either to meet such schedule or to recover the maximum possible time lost by failure to ship or deliver on schedule. Buyer reserves all rights or remedies provided by law or under this purchase order. Any additional expedited routing cost shall be borne by Seller.
Sample 1

Related to SHIPMENT OR DELIVERY

  • Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.

  • 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.

  • Redelivery Upon redelivery Lessee will provide to Lessor all documents necessary to export the Aircraft from the Habitual Base (including, without limitation, a valid and subsisting export licence for the Aircraft) and required in relation to the deregistration of the Aircraft with the Air Authority.

  • Delivery Notice Notice of the Aircraft's Delivery Date, given by the Lessee as provided in Section 3.01 of the Participation Agreement and including any notice with respect to a postponed Delivery Date given by the Lessee pursuant to Section 3.05(c) of the Participation Agreement.

  • Delivery Location All Goods shall be delivered to the address specified in this Order (the "Delivery Location") during Buyer's normal business hours or as otherwise instructed by Buyer.

  • 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.

  • Delivery Point (a) All Energy shall be Delivered hereunder by Seller to Buyer at the Delivery Point. Seller shall be responsible for the costs of delivering its Energy to the Delivery Point consistent with all standards and requirements set forth by the FERC, ISO-NE, the Interconnecting Utility and any other applicable Governmental Entity and any applicable tariff.

  • DELIVERY OUT The Custodian shall release and deliver out domestic securities and other financial assets of a Portfolio held in a U.S. Securities System, or in an account at the Underlying Transfer Agent, only upon receipt of Proper Instructions on behalf of the applicable Portfolio, specifying the domestic securities or financial assets held in the United States to be delivered out and the person or persons to whom delivery is to be made. The Custodian shall pay out cash of a Portfolio upon receipt of Proper Instructions on behalf of the applicable Portfolio, specifying the amount of the payment and the person or persons to whom the payment is to be made.

  • Other Deliveries At or prior to Closing, Parent shall have delivered to the Company (i) copies of resolutions and actions taken by Parent’s board of directors and stockholders in connection with the approval of this Agreement and the transactions contemplated hereunder, and (ii) such other documents or certificates as shall reasonably be required by the Company and its counsel in order to consummate the transactions contemplated hereunder.

  • Delivery of Products All shipments of Products shall be made either F.O.B. Destination or F.O.B. Shipping Point as designated in the Purchase Order.

Time is Money Join Law Insider Premium to draft better contracts faster.