IN DELIVERY. Unless otherwise agreed in writing, time is of the essence, and all deliveries shall be made strictly in accordance with the delivery schedule set out in the Purchase Order. Any extension of time for delivery agreed to by AMRI shall relate only to the extension in question and shall not be deemed a waiver of AMRI’s rights to delivery on any agreed upon revised delivery date. If, for any reason, Seller fails to substantially comply with AMRI’s delivery schedule, AMRI, at its option, may either approve a revised delivery schedule or may terminate the Purchase Order in accordance with Section 17. Seller shall notify AMRI of any delays in shipping time. In the event of any variation of the delivery schedule without AMRI’s prior written consent, or failure to supply in accordance with the Purchase Order, Seller shall be liable for all resulting losses/damages, including but not limited to, excess costs incurred in procuring the ordered items from an alternative source and production losses. In addition, AMRI is entitled to recover from Seller two percent (2%) of the applicable Purchase Order cost for every day that delivery is delayed more than five (5) days. TRANSPORTATION: Deliverables shall be shipped DDP AMRI’s facility (Incoterms, 2010), unless otherwise specified in the Purchase Order. Seller herein represents that the Deliverables ordered by the purchaser are shipped in containers and bearing labels, if necessary, which conform to as applicable, US, state and local regulations for the packaging, labeling and transport of hazardous materials or the regulations of internationally recognized laws and standards for the packaging, labeling and transport of hazardous materials in effect at the time of shipment.
Appears in 3 contracts
Sources: Purchase Order Agreement, Purchase Order Agreement, Purchase Order Agreement