Common use of Packaging and Delivery Clause in Contracts

Packaging and Delivery. (a) Buyer must not alter or distort, in part or in full, the packaging, markings, numbers, or consistency of the Products as they exist at the time of delivery, or sell the Products in other than their original, unaltered packaging or use those which may have been altered or distorted in any way. (b) Without prejudice to the above, Buyer is responsible for ensuring that the Products comply with the rules and standards governing the labeling and marking of products in force in the country of import. (c) All export and import permits and licenses and the payment of all export and import duties and customs fees will be the responsibility of Seller, if Seller is delivering the Products within the United States. All export and import duties, fees, permits, licenses, etc. for Products delivered outside of the United States will be the responsibility of Buyer. (d) Products will be delivered F.O.B. Seller’s facility. (e) Seller may elect to deliver the Product in installments. Each installment will be considered a separate sale and Buyer will pay for each installment in accordance with these Terms. Any Products considered “back-ordered” will be considered an installment. (f) Risk of loss passes to Buyer upon the provision of the Products to the carrier regardless of the payment of shipping charges, notwithstanding any provision of law to the contrary. (g) Seller will attempt to fill and ship all orders to Buyer at the requested time of delivery, subject to Seller’s choice of transport and further subject to Seller’s present engineering and manufacturing capacity and scheduling. Seller may revise delivery schedules at any time without liability and at Buyer’s cost.

Packaging and Delivery. (a) Buyer must not alter or distort, in part or in full, the packaging, markings, numbers, or consistency of the Products as they exist at the time of delivery, or sell the Products in other than their original, unaltered packaging or use those which may have been altered or distorted in any way. (b) Without prejudice to the above, Buyer Xxxxx is responsible for ensuring that the Products comply with the rules and standards governing the labeling and marking of products in force in the country of import. (c) All export and import permits and licenses and the payment of all export and import duties and customs fees will be the responsibility of Seller, if Seller is delivering the Products within the United States. All export and import duties, fees, permits, licenses, etc. for Products delivered outside of the United States will be the responsibility of Buyer. (d) Products will be delivered F.O.B. Seller’s facility. (e) Seller may elect to deliver the Product in installments. Each installment will be considered a separate sale and Buyer will pay for each installment in accordance with these Terms. Any Products considered “back-ordered” will be considered an installment. (f) Risk of loss passes to Buyer upon the provision of the Products to the carrier regardless of the payment of shipping charges, notwithstanding any provision of law to the contrary. (g) Seller will attempt to fill and ship all orders to Buyer at the requested time of delivery, subject to Seller’s choice of transport and further subject to Seller’s present engineering and manufacturing capacity and scheduling. Seller may revise delivery schedules at any time without liability and at Buyer’s cost.