Common use of DELIVERY OR PERFORMANCE Clause in Contracts

DELIVERY OR PERFORMANCE. Delivery or performance dates are good faith estimates and do not mean that "time is of the essence" Buyer's failure to promptly make advance or interim payments, supply technical information, drawings and approvals will result in a commensurate delay in delivery or performance. Upon and after delivery, risk of loss or damage to the Products shall be Buyer's. Delivery of the Products hereunder will be made on the terms agreed to by the parties as set forth in the Agreement and in accordance with the most current version of INCOTERMS®, in effect at the date the Agreement enters into force.