Delivery and Delay. 6.1 Any information provided by PTV with regard to delivery times shall be non-binding. Binding dates of delivery shall require written approval by PTV. Partial deliveries shall be permissible if the Client is able to make reasonable use of such.
Delivery and Delay. Delivery of the goods shall be F.O.B. Seller’s factory, but risk of loss of the goods shall pass to Buyer upon identification of the goods to the contract between Buyer and Seller. Shipping dates are estimates only, and time is not of the essence. Seller may ship all of the goods at one time or in portions from time to time. Seller shall have the right, but not the obligation, to determine the method of shipment and routing. Seller shall not be liable for damages resulting from any delay or failure to deliver goods caused in whole or in part by circumstances beyond Seller’s control (including, but not limited to, casualty, labor trouble, accidents or unavailability of supplies or transportation), and the time for delivery shall be extended for the period of the delay. If Buyer causes or requests delay in the manufacture or shipment of goods, Buyer shall pay Seller for all costs, losses, and damages resulting from the delay. Seller shall not be required to ship the goods unless and until Buyer shall have paid in full the purchase price of all tooling that Seller shall have ordered for use in producing goods.
Delivery and Delay. Time is of the essence. Supplier shall not make delivery earlier than date (s) shown without written consent of Buyer. If goods are shipped in advance of scheduled delivery date(s), Buyer may return them or store them at Supplier's expense. Acceptance by Buyer of late deliveries shall not relieve Supplier of the obligation to make future deliveries on schedule. Buyer shall not be liable for delays in performance of any of its obligations hereunder resulting from causes beyond its reasonable control, including but not limited to acts of God, workforce disputes or delays imposed by Buyer's customers. Whenever an actual or potential workforce dispute will delay or threaten to delay performance, Supplier shall immediately notify Buyer in writing.
Delivery and Delay. 3.1. Delivery of goods shall take place as stated in VB's offer or order confirmation according to INCOTERMS 2020.
Delivery and Delay. Kendrion (Mishawaka) will deliver Goods to Customer FOB at Kendrion (Mishawaka)’s place of business within a variance of 10 percent. Delivery dates specified in a quotation or order acknowledgment are estimates only and time is not of the essence. Customer assumes the risk of loss of Goods once delivered to the carrier (the “Shipping Date”) or ten (10) days after Kendrion (Mishawaka) notifies Customer that the Goods are ready for pick-up. Kendrion (Mishawaka) may deliver all of the Goods at one time or in portions from time to time. All deliveries are subject to modifications or cancellation due to events beyond Kendrion (Mishawaka)’s reasonable control, including without limitation acts of God, compliance with any law, order, rule or regulation of any governmental or other authority, disruption of suppliers, delay in transportation, labor disputes, strikes, failure of equipment or systems, or shortages of any labor or materials or services (“Force Majeure Events”). Kendrion (Mishawaka) will not be liable for any loss of profit or property, or for any direct, indirect, special, incidental, consequential or other damages caused by any delay or failure to deliver. If Customer causes or requests a delay in the manufacture or delivery of any Goods, Customer will reimburse Kendrion (Mishawaka) for all resulting damages, including without limitation reasonable storage expenses. Customer shall acquire and maintain sufficient property and casualty insurance to cover any loss or risk of loss to any Goods.
Delivery and Delay. Unless otherwise provided in Annex A, all shipments of the Goods shall be shipped by the Supplier DDP Seoul Headquarters of GGGI (INCOTERMS 2010). Without in any way limiting sub-Clause (a) above, all transportation charges, import and export duties, insurance costs and any other costs and charges on the Goods delivered shall be borne by the Supplier. The Goods shall be packed in standard packing conditions according to international commercial and industrial practice for international shipment. Without prejudice to foregoing, the Supplier shall apply proper anti-erosion and/or anti-rust compounds or coating, protective waterproof wrapping and/or packing, as the case may be. The original copies of the invoices and packing lists are to be packed with the Goods, duplicates and other documents as required by the Supplier are to be sent separately and as quickly as possible in order to reach GGGI before the shipment arrives in the destination. The Supplier shall inform GGGI of shipping details, including xxxx of lading numbers, and number of packages, and its expected date of departure and arrival by email or facsimile within twenty-four (24) hours after the original shipping date. Time is of the essence. Delivery of the Goods shall be made by the Supplier on the Delivery Date or Dates that GGGI has required in Annex A. If the Supplier or its subcontractor(s) encounters conditions impeding timely delivery of the Goods, the Supplier shall notify GGGI in writing and at the soonest opportunity of the fact of the delay, its likely duration and cause(s). GGGI shall evaluate the situation and advise the Supplier if the Delivery Date or Dates can be extended. Delay in delivery shall render the Supplier liable for liquidated damages provided in Clause G-9 below, unless GGGI extends the time of performance or when GGGI determines that the delay was due to Force Majeure, as defined in Clause G-15. Delay may constitute default that may result in terminating the Contract, forfeiting the Supplier's Performance Security and/or awarding the Contract to another qualified Supplier.
Delivery and Delay. All quoted delivery dates are estimates only. Seller reserves the right to make delivery in installments; and all such installments, when separately invoiced, shall be paid for when due per Seller's invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining deliveries.
Delivery and Delay. Time is of the essence. Seller agrees if performance, including delivery, is not expected to be made in accordance with the schedule set forth in the Order, Seller will immediately notify Buyer and take all reasonable steps at its own costs to expedite performance; provided however, Buyer reserves the right, without liability, in addition to its other rights and remedies, to arrange for completion by a third party and to charge Seller with any loss or additional costs or expenses incurred in the completion hereunder or to cancel the Order without penalty. For purposes of calculating any volume incentive, such cancelled orders will be counted as made, delivered, and purchased by the Buyer. Seller shall obtain Xxxxx’s prior written approval for partial shipments prior to the first agreed upon shipment. Risk of loss of the goods shall remain with Seller until actual delivery of such goods to Buyer. All materials shall be suitably packed, marked, loaded, and shipped in accordance with the requirements of common carriers or as set forth in the Order at Seller’s expense. Seller shall be liable for any damages as a result of their failure to follow these requirements. Seller shall be responsible for any excess transportation charges resulting from Xxxxxx’s failure to follow any routing instructions given by Xxxxx. Seller shall pay all transportation charges for the delivery to Buyer and any return to Seller.
Delivery and Delay. 3.1 Unless otherwise agreed between the parties in writing, the terms of delivery are Ex Works (INCOTERMS 2010) Supplier’s place of business. Any packaging and freight costs shall be charged separately. Risk shall pass to Customer upon delivery to the transporter.
Delivery and Delay. Terms of sale are EX-Works at SSS Co.’s plant in Austin Texas USA. Title to Products shall pass to Purchaser on SSS Co.’s tender of the Products to Purchaser or a carrier. All risk of loss or damage of Products in transit shall be borne by Purchaser, unless otherwise agreed. SSS Co. reserves the right to make partial deliveries, and all such partial deliveries shall be separately invoiced and paid for when due. Delay in delivery of any installment shall not relieve Purchaser of its obligation to accept such later deliveries. In any event, delivery times shall not be considered absolute and no breach shall be found if the Products herein specified are delivered within a reasonable time after the delivery date set forth.
