Delivery; Storage. All deliveries shall be made in accordance with any timelines set out in the Agreement. Supplier shall not, however, be liable for delay due to causes beyond Supplier’s reasonable control and without its fault or negligence, provided, Supplier exercises reasonable diligence in notifying Customer of the conditions which are causing the delay. Title to and risk of loss of each Deliverable shall transfer from Supplier to Customer upon delivery of such Deliverable EXW Supplier’s facility (INCOTERMS 2010) (“Delivery”). Evidence of Delivery will be through the issuance of the completed certificate of analysis to Customer. Customer is responsible for transportation of the Deliverable to Customer’s final destination, at the sole risk and expense of Customer. For avoidance of doubt, Customer is responsible for arranging pick up by the carrier and all shipping costs and risks. Should Customer request Supplier to assist with any arrangements with the carrier, such arrangements will be made by Supplier on behalf of Customer in accordance with Customer’s applicable instructions and at the sole risk and expense of Customer. If Customer does not pick up a Deliverable upon Delivery by Supplier, Supplier shall store such Deliverable at Supplier’s facilities or third-party storage location for 30 days at no cost and, thereafter, at a monthly storage charge to Customer for the duration of storage, billed at Supplier’s (or third-party’s as applicable) then current standard monthly storage fees and minimums, pro-rated for any partial month. For all Deliverables stored by Supplier, Customer agrees that: (i) Customer has title and risk of ownership; (ii) Customer has made a fixed commitment to purchase such Deliverable; (iii) Customer is responsible for any decrease in market value of such Deliverable that relates to factors and circumstances outside of Supplier’s control; (iv) Customer is responsible for obtaining insurance for such Deliverable during the storage period, if desired; and (v) Customer is responsible for transportation of the Deliverable to Customer’s final destination, at the sole risk and expense of Customer.
Delivery; Storage. Regeneron will deliver the Regeneron Product DAP (INCOTERMS 2010) to Sponsor’s, or its designee’s, location as specified by Sponsor and agreed to by Regeneron (“Delivery” with respect to such Regeneron Product). Risk of loss for the Regeneron Product shall transfer from Regeneron to Sponsor at Delivery. All costs associated with the subsequent transportation, warehousing and distribution of Regeneron Product, including all importation or customs taxes or duties, shall be borne by Sponsor. Sponsor will: (a) take delivery of the Regeneron Product supplied hereunder; (b) perform the acceptance procedures allocated to it under the Clinical Supply Quality Agreement; (c) subsequently label and pack (in accordance with Section 9.6), and promptly ship the Regeneron Product to the Study sites, in compliance with cGMP, GCP and other Applicable Law and the Clinical Supply Quality Agreement; and (d) provide, at the reasonable request of Regeneron, the following information: any applicable chain of custody forms, in transport temperature recorder(s), records and receipt verification documentation, such other transport or storage documentation as may be reasonably requested by Regeneron, and usage and inventory reconciliation documentation related to the Regeneron Product.
Delivery; Storage. Title to and risk of loss of each batch of Product shall transfer from Supplier to Customer upon delivery of the batch EXW Supplier’s facility (Incoterms 2010) (“Delivery”). Evidence of Delivery will be through the issuance of the completed certificate of analysis to Customer. Customer is responsible for transportation of the batch to Customer’s final destination, at the sole risk and expense of Customer. For avoidance of doubt, Customer is responsible for arranging pick up by the carrier and all shipping costs and risks. Should Customer request Supplier to assist with any arrangements with the carrier, such arrangements will be made by Supplier on behalf of Customer in accordance with Customer’s applicable instructions and at the sole risk and expense of Customer. If Customer does not pick up Product upon Delivery by Supplier, Supplier shall store such Batch at Supplier’s facilities or third party storage location at a monthly storage charge to Customer for the duration of storage, billed at Supplier’s (or third party’s as applicable) then current standard monthly storage fees and minimums, pro-rated for any partial month. For all Product stored by Supplier, Customer agrees that: (i) Customer has title and risk of ownership; (ii) Customer has made a fixed commitment to purchase such Product; (iii) Customer is responsible for any decrease in market value of such Product that relates to factors and circumstances outside of Supplier’s control; (iv) Customer is responsible for obtaining insurance of such Product during the storage period, if desired; and (v) Customer is responsible for transportation of the Product to the Customer’s final destination, at the sole risk and expense of Customer.
Delivery; Storage. Upon expiration or termination of any Lease, the Manager shall, as appropriate, co-ordinate any required Re-Marking of the applicable Units and Manager shall arrange for storage of such Units (including, as appropriate, coordinating with the prior Lessee in the event such Lease contains provisions for the Lessee to store such Units for a period of time). If such Units are not being stored by such Lessee, the Manager shall select a storage facility for such Units with a view to minimizing the cost of such storage, while taking into account the fees charged by the facility, the transportation costs to the facility and the location of the facility in relation to the most likely location or operating requirements of a Lessee under a Replacement Lease for such Units.
Delivery; Storage. R-Pharm will deliver the Product to OV EXW (INCOTERMS 2010) at R-Pharm’s manufacturing facility as specified by OV in writing (“Delivery”). Risk of loss for the Product shall transfer from R-Pharm to OV at Delivery. All costs associated with the subsequent transportation, warehousing and distribution of Product shall be borne by OV. OV will: (i) take delivery of the Product supplied hereunder; (ii) warehouse and promptly ship the supplied Product to the Clinical Trial sites, in compliance with cGMP, cGCP and other Applicable Law ; and (iii) provide, from time to time at the reasonable request of R-Pharm, the following information to R-Pharm: any applicable chain of custody forms, in transport temperature recorder(s), records and receipt verification documentation, such other transport or storage documentation as may be reasonably requested by R-Pharm, and usage and inventory reconciliation documentation related to such Product.
Delivery; Storage. (a) Any time or date for delivery stated by the Company in the Schedule shall be treated by the Customer as an estimate only. Whilst every effort will be made to despatch the Goods to arrive at the Customer on time, no liability can be accepted by the Company for failure to deliver within the stated times. The Company shall not be liable for any loss or damage whatsoever (including consequential loss or loss of profit) arising directly or indirectly from any delay in the delivery of all or any of the Goods howsoever caused.
Delivery; Storage. Title to and risk of loss of each batch of Product shall transfer from Supplier to Customer upon delivery of the batch EXW Supplier’s facility (Incoterms 2015; starting 1 January 2020, Incoterms 2020) (“Delivery”). Supplier will notify Customer of Delivery by issuing the completed certificate of analysis to Customer. Customer is at its own risk and expense responsible for picking up and transporting the batch to Customer’s final destination. Should Customer request Supplier to assist with any arrangements with the carrier, such arrangements will be made by Supplier on behalf of Cus- tomer in accordance with Customer’s applicable instructions and at the sole risk and expense of Customer. If Customer does not pick up Product upon Delivery by Supplier, Supplier shall store such Batch at Supplier’s facilities or third party storage location at a monthly storage charge to Customer for the duration of storage, billed at Supplier’s (or third party’s as applicable) then current standard monthly storage fees and minimums, pro-rated for any partial month. For all Product stored by Supplier, Cus- tomer agrees that: (i) Customer has title and risk of ownership; (ii) Cus- tomer has made a fixed commitment to purchase such Product; (iii) Cus- tomer is responsible for any decrease in market value of such Product that relates to factors and circumstances outside of Supplier’s control; (iv) Customer is responsible for obtaining insurance of such Product during the storage period, if desired; and (v) Customer’s responsibility for trans- porting the Product remains unchanged.
Delivery; Storage. Delivery shall be made F.O.B. shipping point. Unless otherwise stated, all delivery periods are estimates only. Buyer shall make necessary arrangements for the pick-up and delivery of finished goods from shipping point. Seller reserves the right to arrange shipment and freight as necessary for an additional charge with the understanding that Seller accepts no liability for shipping costs. All bills of lading shall include appropriate Section 7 nonrecourse language. In the absence of agreed delivery dates, Seller may invoice Buyer and ship the goods once they are ready for shipment. If, because of Buyer’s inability to take delivery on a mutually agreed delivery date, the goods are not shipped, stopped in transit or returned, Seller may store them for Buyer at Buyer’s expense. Title and risk of loss shall pass to Buyer in accordance with paragraph five (5) below. The date such goods are placed in storage shall constitute the date of shipment for purposes of beginning the warranty and payment periods. Buyer agrees to pay Seller’s reasonable storage charges in the event that Seller is unable to deliver goods as a result of any act or omission of Buyer. All freight, shipping and storage charges, taxes, and all customs duties, are solely for Buyer’s account irrespective of any role of Seller in arranging for or accommodating delivery.
Delivery; Storage. 17.1 If the Purchaser requests the Company to store Goods or defer Delivery, the Company may, in addition to the Price, charge the Purchaser a fee for storage of the Goods.
Delivery; Storage. Title to and risk of loss of each Batch of API shall transfer to Customer upon Delivery. If Customer does not request Supplier to ship a Batch of API upon receipt of written notice from Supplier of the API’s availability to be shipped, Customer shall immediately provide a written request to Supplier to store the Batch of API using the form in Exhibit A and Supplier shall store such Batch at Supplier’s facilities or Third Party storage location under commercially reasonable storage conditions (e.g., appropriate temperature and/or humidity control, absence of potential contaminants) for [***] at no cost and, thereafter, at a monthly storage charge to Customer for the duration of storage, billed at Supplier’s (or Third Party’s as applicable) then current standard monthly storage fees and minimums, pro-rated for any partial month. For all API stored by Supplier, absent Supplier’s obligation to store the API under commercially reasonable storage conditions, Customer agrees that: (i) Customer has title and risk of ownership; (ii) Customer has made a fixed commitment to purchase such API; (iii) Customer is responsible for any decrease in market value of such API that relates to factors and circumstances outside of Supplier’s control; (iv) Customer is responsible for obtaining insurance for such API during the storage period, if desired; and (v) Customer is responsible for arranging transportation of the API to Customer’s final destination, at the sole risk and expense of Customer.
