Delivery Quantity Sample Clauses

Delivery Quantity. Unless otherwise agreed in writing between Customer and Seller, delivery of Products shall be Ex Works (Seller’s Factory) Incoterms 2020. Carriage of Products shall be at Customer’s sole risk. Delivery dates are approximate only and are not guaranteed. Seller will use commercially reasonable efforts to meet Customer’s requested delivery dates provided Customer has complied with Seller’s applicable lead time requirements as well as provides all necessary documentation or information (including but not limited to any specifications, designs, drawings or blue-prints which has been agreed to in writing with Seller, to enable Seller to manufacture) sufficiently prior to the agreed delivery date. Customer agrees that failure to deliver by an estimated delivery date shall not give Customer any right to claim compensation, nor impose any responsibility or liability on Seller. If for any reason Customer postpones or fails to accept delivery of any of the Products when due, or if Seller is unable to deliver the Products at the delivery point because Customer has made changes thereto or has not provided appropriate or timely instructions, documents, licenses or authorizations: (i) The Products shall be deemed to have been delivered on the original delivery date (“Deemed Delivery”); (ii) Risk of loss, damage and/or degradation to the Products shall pass to Customer upon Deemed Delivery; (iii) Seller may, at its discretion and without prejudice to any other rights which Seller may have against Customer, without notice and without any responsibility whatsoever attaching to Seller, and at the sole risk and expense of Customer, store the Products until Customer picks them up, and Customer shall be liable for all related costs and expenses (including, without limitation, charges relating to sorting, preservation, delivery, storage, insurance and ancillary administrative charges) (the “Storage Charges”); (iv) Seller shall be entitled to invoice Customer for the purchase price of the Products as well as all accrued Storage Charges; (v) Seller shall be entitled to refuse actual delivery of the Products to Customer until the purchase price and the Storage Charges have been paid in full without any deductions whatsoever. (vi) Without prejudice to any rights or remedies Seller may have under these Terms or at law, If Customer fails to take delivery of the Products within two consecutive calendar months after the date of Deemed Delivery, Seller shall be entitled to: a. On giving ...

Delivery Quantity. Seller shall deliver the Goods in the quantities and on the date(s) specified in the Purchase Order or as otherwise agreed in writing or verbally by the parties (the “Delivery Date”). If Seller fails to deliver the Goods in full on the Delivery Date, Buyer may terminate this Agreement immediately by providing written notice to Seller and Seller shall indemnify Buyer against any losses, claims, damages, and reasonable costs and expenses directly attributable to Seller’s failure to deliver the Goods on the Delivery Date. Seller shall deliver all Goods to the address specified in the Purchase Order (the “Delivery Point”) during Buyer’s normal business hours or as otherwise instructed by Buyer. If Seller delivers more or less than the quantity of Goods ordered, Buyer may reject all or any excess Goods which shall be returned to Seller at Seller’s sole risk and expense. If ▇▇▇▇▇ does not reject the Goods and instead accepts the delivery of Goods at the increased or reduced quantity, the Price for the Goods shall be adjusted on a pro-rata basis.

Delivery Quantity. The quantity of Customer-owned gas transported by Niagara Mohawk and actually delivered to the Customer at the Delivery Point.

Delivery Quantity. Unless otherwise agreed to in writing by the parties, a two percent (2%) overage or underage of Product delivered shall be accepted by the Customer. POs requiring exact quantities may be filled at a higher price.

Delivery Quantity. Seller shall deliver the Products in the quantities and on the date(s) specified in the Order. Time is of the essence, and if delivery of the Products is not completed by the specified delivery date, Buyer may, at its option, without liability and in addition to any other rights and remedies available hereunder, reject such Products, immediately terminate this Agreement, and/or to purchase substitute products elsewhere and charge Seller with any loss incurred. Seller shall indemnify Buyer against any losses, claims, damages, and reasonable costs and expenses attributable to Seller’s failure to deliver the Products by the specified delivery date. Unless expressly set forth otherwise on the face of the Order, Seller will deliver the Products DDP (Incoterms 2010) Buyer’s facility. Supplier shall supply a certificate of analysis (“COA”) for each lot of Products (where applicable) prior to shipment of the Products. The Order number must appear on the COA and all other shipping documents, shipping labels, bills of lading, invoices, correspondence, and any other documents pertaining to the Order. If the quantity of Products delivered to Buyer is, in Buyer’s reasonable discretion, less than the quantity of Products required to be delivered under the Order (such difference, a “Quantity Deficiency”), then Buyer will be entitled, at its option, to withhold payment until the entire Order is delivered, or to obtain a credit for the amounts paid for such Quantity Deficiency, and Seller shall be responsible for any other expenses or damages incurred by Buyer in connection with such Quantity Deficiency.

Delivery Quantity. In each hour of the Term, the Transaction 3C Delivery Quantity shall equal the difference between the Burlington Net Project Energy and 15 MW delivered pursuant to Transaction 1C Mid-C Delivery Quantity, up to a maximum of 4 MW of Transaction 3C Delivery Quantity.

Delivery Quantity. The quantity actually delivered and relevant for invoicing shall be governed by the quantity and quality of the Products as determined and verified by incoming inspection at the specified delivery address.

Delivery Quantity. (i) of 2009: Minimum ***MT/month. (ii) From *** of 2009 till the end of the agreement: Minimum *** MT/month. (iii) Both parties shall have meetings every three months to negotiate about the added quantity Seller can provide based on Seller’s production increase.

Delivery Quantity