Common use of Delivery Requirements Clause in Contracts

Delivery Requirements. (a) All prices are FOB Origin, meaning that the price is for Equipment available at Contractor’s location. Delivery charges may be negotiated between Purchaser and Contractor and is not to exceed the rate set forth by Contractor in Exhibit B – Prices for Equipment Rental. Contractor must provide an estimate of delivery charges for Purchaser approval. (b) Contractor must ensure that the Equipment is delivered or provided to Purchaser as required by this Contract, the Purchase Order used by Purchaser, and as otherwise mutually agreed in writing between Purchaser and Contractor. (c) For deliveries to Purchaser, Contractor shall deliver the Equipment to the delivery point set out in the Purchase Order (“Delivery Point”). Contractor shall notify Purchaser within seventy-two (72) hours prior to the estimated delivery so that Purchaser may coordinate necessary resources to receive the Equipment. Contractor promptly shall notify Purchaser in writing of any anticipated or actual delivery delay, the reasons for the delay, and the actions being taken by Contractor to overcome or minimize the delay. (d) Delivery must be made within two (2) business days after receipt of order unless a later date is noted in the Purchase Order. Contractor must acknowledge the Purchase Order within one (1) business day from the time of Contractor’s receipt of the Purchase Order. (e) Equipment delivery must be made during Purchaser’s normal work hours, per Purchaser’s security and access processes, or as otherwise mutually agreed in writing. Purchaser may refuse acceptance when delivered outside of normal working hours. (f) Purchaser is responsible to return Equipment in like condition as to when received, including cleaning and re-fueling.