Common use of Delivery and Specifications Clause in Contracts

Delivery and Specifications. Deliveries must be made on the delivery date specified in the P.O. during normal business hours or otherwise at the times specified in the P.O. Time is of the essence. Supplier shall not use material or processes other than what is required by ▇▇▇▇▇’▇ specifications (“Specifications”). Supplier represents and warrants that it shall not make any changes to the specifications, materials, processes, or location where the Goods are manufactured, without ▇▇▇▇▇'▇ consent. Any delay caused by a material change shall be a breach of the Agreement. ▇▇▇▇▇ shall not be liable for material processed in excess of the volumes indicated in the P.O. Any over-deliveries are made at Supplier’s risk and shall not be reimbursed or paid for by ▇▇▇▇▇, but shall be returned by ▇▇▇▇▇ and Supplier shall bear the (reasonable) costs for any return of such Goods (also including any reasonable warehousing costs until return can be made). Until Supplier’s acceptance of the P.O., ▇▇▇▇▇ shall have the right to cancel (revoke) the P.O. (partially or totally) for any reason. Partial deliveries are not permitted unless ▇▇▇▇▇ agrees to them.

Appears in 2 contracts

Sources: Purchase Order Agreement, Purchase Order Agreement