Common use of DELIVERY; STORAGE Clause in Contracts

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 2020) (“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. 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 20202010) (“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. Title to and risk of loss of each batch of Product tangible Deliverable shall transfer from Supplier to Customer upon delivery of the batch Deliverable EXW Supplier’s facility (Incoterms 20202010) (“Delivery”). Evidence For manufactured batch materials, evidence of Delivery will be through the issuance of the completed certificate of analysis to Customer. Customer is responsible for transportation of the batch 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 Product a Deliverable upon Delivery by Supplier, Supplier shall store such Batch Deliverable at Supplier’s facilities or third party storage location at a monthly storage charge of $3,500 per container 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 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 ProductDeliverable; (iii) Customer is responsible for any decrease in market value of such Product Deliverable that relates to factors and circumstances outside of Supplier’s control; (iv) Customer is responsible for obtaining insurance of such Product Deliverable during the storage period, if desired; and (v) Customer is responsible for transportation of the Product Deliverable to the Customer’s final destination, at the sole risk and expense of Customer.