Delivery Clause Samples

Delivery. (a) Delivery shall be made as ordered and in accordance with the Contract. Unless otherwise specified in the Contract, delivery shall be to a loading dock or receiving platform. The Contractor or Contractor’s shipping designee shall be responsible for removal of Goods from the carrier and placement on the Client Agency loading dock or receiving platform. The receiving personnel of the Client Agency are not required to assist in this process. The decision of DAS as to reasonable compliance with delivery terms shall be final and binding. The burden of proof of proper receipt of the order shall rest with the Contractor. (b) In order for the time of delivery to be extended, the Client Agency must first approve a request for extension from the time specified in the Contract, such extension applying only to the particular item or shipment. (c) Goods shall be securely and properly packed for shipment, according to accepted standard commercial practice, without extra charge for packing cases, baling or sacks. The containers shall remain the property of the Client Agency unless otherwise stated in the Contract. (d) All risk of loss and damage to the Goods transfers to the Client Agency upon Title vesting in the Client Agency.

Delivery. Time of delivery of services is of the essence in this Contract. County reserves the right to refuse any services and to cancel all or any part of the services that do not conform to the prescribed Scope of Work.

Delivery. Time of delivery of goods or services is of the essence in this Contract. County reserves the right to refuse any goods or services and to cancel all or any part of the goods not conforming to applicable specifications, drawings, samples or descriptions or services that do not conform to the prescribed statement of work. Acceptance of any part of the order for goods shall not bind County to accept future shipments nor deprive it of the right to return goods already accepted at Contractor’s expense. Over shipments and under shipments of goods shall be only as agreed to in writing by County. Delivery shall not be deemed to be complete until all goods or services have actually been received and accepted in writing by County.

Delivery. The term of the contract is shown on the face of the contract award. The contractor is required to supply the state's needs during this term. The number of days required to place the commodity in the receiving agency's designated location under normal conditions is also shown. Consistent failure to meet delivery without a valid reason may cause removal from the bidders' list or suspension of eligibility for award.

Delivery. Delivery must be in strict compliance with the schedule contained in an Order and the Products shall be delivered directly to Cirrus’ designated delivery location in accordance with Cirrus’ Order(s) schedule(s). Parts fabricated in excess or in advance of Cirrus’ requirements contained in an Order are at Seller’s risk. Cirrus reserves the right to return to Seller, at Seller’s expense, all Products received more than seven (7) calendar days ahead of the required delivery date. Cirrus reserves the right, without loss of discount privileges, to pay invoices covering items shipped in advance of the schedule on the normal maturity after the delivery date specified on the Order. If Seller fails to meet its scheduled delivery dates and Cirrus elects to call for expedited shipments, Seller will pay the difference between the method of shipping specified and the actual expedited rate incurred. Seller shall be responsible for any additional charges resulting from any deviation from Cirrus' shipping procedures and requirements. Should Cirrus accept Products which are not delivered on or before the required delivery date, which option Cirrus reserves, the Seller shall be liable for all reasonable additional costs incurred by Cirrus because of such delay(s) which are not excusable under paragraph 15, Force Majeure, including, but not limited to, additional or premium transportation charges, special handling expenses, and costs to Cirrus to install the Product(s) out of normal manufacturing sequence in addition to other remedies available by law to Cirrus. Title and risk of loss in the Products shall remain in Seller until delivery of the Products to Cirrus. If Seller encounters or anticipates difficulty in meeting the delivery schedule, Seller shall immediately notify Cirrus in writing, giving pertinent details; provided, however, that the receipt of such notice shall be for information purposes only and shall not be construed as a waiver by Cirrus of any delivery schedule or date or of any rights or remedies provided by law or this Agreement. If Seller fails to make delivery promptly and regularly, as required by an Order, Cirrus may, in addition to other remedies available at law, terminate this Agreement and all Orders issued hereunder, or the whole or any part of an Order in accordance with the paragraphs of this Agreement entitled “Termination for Default.”

Delivery. 4.1 The Supplier shall deliver the Supplies in accordance with the instructions and date(s) specified in the Authorizing Document (or, to the extent that no date or timescale is specified, then within 14 days after the date of this Agreement or at such other time as the Company may approve in writing or reasonably request). Time is of the essence for delivery of the Supplies. The Supplier shall, and shall procure that the Supplier Personnel shall, (without further liability to the Company) devote such of their time, attention and ability to the Supplies (including any overtime or additional shifts required) as may be necessary to meet those timescales. If there is any likelihood that the Supplier or any Supplier Personnel will fail to provide any Supplies within the applicable timeline for performance, then, without prejudice to any of the Company’s other rights or remedies, the Supplier shall promptly give the Company advance notice of the nature and effects of the circumstances in question and a best estimate of the duration of such circumstances. 4.2 The Supplier shall ensure that: (a) any Goods are marked and delivered in accordance with the Company’s instructions and any applicable regulations or requirements of the carrier and properly packed and secured so as to reach their destination in an undamaged condition in the ordinary course; and (b) any delivery of Goods is accompanied by a delivery note which shows the Authorizing Document number, date of order, number of packages and contents and, in the case of part delivery, the outstanding balance remaining to be delivered. 4.3 Unless otherwise agreed by the Company in writing, all Goods shall be delivered to the Premises during business hours with transportation charges and any other applicable charges pre-paid by the Supplier. The Company shall not be obliged to carry out any work to enable delivery of Supplies to take place. The Supplier shall offload Goods at its own risk, as directed by the Company. 4.4 The Company and, if applicable, the Supplier shall inspect the Goods as soon as practicable following delivery and agree an inventory of the quality and quantity delivered. The Company shall not be liable for any damage found on such inspection. If the Company in its reasonable opinion considers any of the Goods to be in an unsuitable condition or of the wrong quantity either on delivery or subsequently, the Company shall notify the Supplier, which shall promptly arrange the repair, remedy, correc...

Delivery. Delivery terms (per Incoterms® 2020) are stated on each Order. All Orders must include Buyer’s or forwarder’s address and are assumed to authorize immediate release upon ready-to-ship status unless otherwise specified in writing. All shipping dates are approximate; production will not begin until receipt by Seller of complete manufacturing, shipping, and credit information. Tender of delivery is deemed to occur at the earliest of (A) acceptance of shipment by designated shipper, (B) allocation of Goods to Buyer at location other than Seller’s location, (C) delivery to Buyer’s representative or designee, or (D) mailing of an invoice to Buyer. ▇▇▇▇▇ agrees to provide Seller with defined shipping instructions within seven (7) business days following receipt of packing list provided by Seller. Title to Goods will pass to Buyer on tender of delivery, subject to Seller’s right to stop Goods in transit and to any interest of Seller reserved to secure Buyer’s payment or performance to Seller, even if freight is included or prepaid. If Seller holds Goods at Buyer’s instruction or because ▇▇▇▇▇ has failed to supply shipping instructions or because Seller, in its sole discretion, determines that any part of Goods should be held for Buyer’s account, Seller may invoice Buyer for the Goods, as well as for storage. Storage fees will be at Seller’s standard rates. Goods invoiced and held at any location for whatever reason will be at Buyer’s risk and Seller may charge for (but is not obligated to carry) insurance. If Buyer fails to provide shipping instructions, Seller may, at its option, ship the Goods to Buyer at the address specified in the applicable Order and invoice Buyer for the Goods. ▇▇▇▇▇ agrees to make payment of such invoice when due under this Agreement. Buyer will accept and pay for partial deliveries at the Agreement prices and terms. If Buyer declares or indicates an intention to not accept delivery, Seller may, at its option, give written notice to Buyer that Seller is ready and willing to deliver, and such notice will constitute a valid tender of delivery. Buyer must report any shortages in shipments within three (3) calendar days of receipt of the initial shipment. Buyer may not make any deduction from any payment due because of loss or damage to Goods in transit. If ▇▇▇▇▇ makes a written request, Seller, in its sole discretion, may agree as a service to Buyer to process ▇▇▇▇▇’s claim against the freight vendor for any loss or damage in transit, so long...

Delivery. (a) At the Closing, subject to the terms and conditions hereof, (i) the Company shall deliver to the Investors all of the Shares and all of the Parent Warrants to be purchased in accordance with Section 1.2 by delivery of certificates evidencing the Shares and the Parent Warrants and (ii) the Company shall cause each Operating Subsidiary to deliver to the Investors all of the Subsidiary Stock Purchase Rights to be purchased in accordance with Section 1.2 by delivery of certificates evidencing such Subsidiary Stock Purchase Rights, in each case free and clear of any Encumbrances (as hereinafter defined) other than those imposed by federal or state securities laws or created by the Standstill Agreement or otherwise placed thereon by or on behalf of the Investors, and the Investors shall make payment to the Company and the applicable Operating Subsidiaries, as applicable, of the aggregate purchase price therefor by wire transfer of immediately available funds to an account designated by the Company to the Investors at least two busiess days prior to the Closing Date. (b) In the circumstances and at the times herein set forth, subject to the terms and conditions hereof, (i) the Company shall deliver to the holders of the related Subsidiary Stock Purchase Rights all of the Replacement Warrants (if any) to be issued in accordance with Section 1.2, by delivery of certificates evidencing the Replacement Warrants, (ii) the Company shall cause each Operating Subsidiary to deliver to the holders of the related Subsidiary Stock Purchase Rights (or their transferees, subject to the transfer restrictions contained in the Standstill Agreement), the IPO Valuation Warrants (if any) to be issued in accordance with Section 1.2, by delivery of certificates evidencing the IPO Valuation Warrants and (iii) the Company shall cause each Operating Subsidiary to deliver to the holders of the Shares (or to holding entities established by such holders, if so elected by such holders) all of the Subsidiary Warrants (if any) to be issued in accordance with Section 1.2, by delivery of certificates evidencing such Subsidiary Warrants, in each case free and clear of any Encumbrances (as hereinafter defined) other than those imposed by federal or state securities laws or created by the Standstill Agreement or otherwise placed thereon by or on behalf of the Investors.

Delivery. Delivery of the Representative’s Warrant Agreement shall be made on the Closing Date and shall be issued in the name or names and in such authorized denominations as the Representative may request.