Common use of Packaging and Delivery Clause in Contracts

Packaging and Delivery. (a) Unless otherwise agreed with Seller, 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. Where it is necessary for Buyer to supply any containers, packaging, labels, identifications or particulars of the Products to enable Seller to effect delivery of the Products, such containers, packaging, labels, identifications or particulars must be furnished or acts performed in a reasonable time to enable Seller to the deliver the Products within the time for delivery b) Without prejudice to the above, Buyer is responsible for ensuring that the Products comply with the rules and standards governing the labelling 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 EXW Seller’s facility and delivery will be completed when Seller notifies Buyer that the Products are ready and places the Products at the disposal of Buyer unless otherwise noted in the purchase order and confirmed in the acknowledgement of order. (e) Seller may elect to deliver the Products in instalments. Each instalment will be considered a separate sale and Buyer will pay for each instalment in accordance with these Terms. Any delay in delivery or defect in an instalment will not entitle Buyer to cancel any other instalment. Any Products considered “back-ordered” will be considered an instalment. (f) Seller will attempt to fill and deliver all orders to Xxxxx at the requested time of delivery, subject to Seller’s present engineering and manufacturing capacity and scheduling. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The time stated

Packaging and Delivery. (a) Unless otherwise agreed with Seller, 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. Where it is necessary for Buyer to supply any containers, packaging, labels, identifications or particulars of the Products to enable Seller to effect delivery of the Products, such containers, packaging, labels, identifications or particulars must be furnished or acts performed in a reasonable time to enable Seller to the deliver the Products within the time for delivery b) Without prejudice to the above, Buyer is responsible for ensuring that the Products comply with the rules and standards governing the labelling 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 EXW Seller’s facility and delivery will be completed when Seller notifies Buyer that the Products are ready and places the Products at the disposal of Buyer unless otherwise noted in the purchase order and confirmed in the acknowledgement of order. (e) Seller may elect to deliver the Products in instalments. Each instalment will be considered a separate sale and Buyer will pay for each instalment in accordance with these Terms. Any delay in delivery or defect in an instalment will not entitle Buyer to cancel any other instalment. Any Products considered “back-ordered” will be considered an instalment. (f) Seller will attempt to fill and deliver all orders to Xxxxx at the requested time of delivery, subject to Seller’s present engineering and manufacturing capacity and scheduling. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The time stated

Packaging and Delivery. (a) Unless The Agreement shall be a shipment contract, and the Products shall be delivered F.O.B. Seller’s designated facility, unless so otherwise agreed provided in the Agreement. Seller shall use all reasonable efforts to comply with Xxxxx’s request as to method of transportation, but Seller reserves the right, if such method of transportation is not available to use an alternate method of transportation, whether or not at a higher rate. In any such case, Seller shall notify Buyer of any such changes as promptly as possible. Seller determines date of shipment. Title to each shipment of the Products sold hereunder and risk of loss thereon shall pass to Buyer when Seller or its agent delivers such shipment to a common carrier or trucker consigned to Buyer or his agent at seller’s designated facility, but such shipment shall remain subject to Seller’s rights of stoppage in transit, rights of reclamation and other legal rights of Seller. Seller’s breach of the Agreement shall not affect the passing of the risk of loss to Buyer. Buyer must not alter or distortassumes responsibility for compliance with all U.S. federal, state and local laws governing exports and re-exports from the United States in part or in full, connection with the packaging, markings, numbers, or consistency sale and use 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. Where it is necessary for Buyer to supply any containers, packaging, labels, identifications or particulars of the Products to enable Seller to effect delivery of the Products, such containers, packaging, labels, identifications or particulars must be furnished or acts performed in a reasonable time to enable Seller to the deliver the Products within the time for delivery b) Without prejudice to the above, Buyer is responsible for ensuring that the Products comply with the rules and standards governing the labelling and marking of products in force in the country of import. (c) All export and import permits and licenses and the payment of well as 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 In the event that Seller delivers any Products to Buyer, title of the Products delivered outside and risk of loss passes to Buyer when the products depart Seller’s facility. If any goods arrive at the buyer destination in a damaged condition or should a shortage exist, the damaged or shortage shall immediately be reported to the delivering carrier and the Seller. In case of damaged goods, a joint inspection of the United States will loaded car, truck or barge shall be arranged with representatives of the responsibility carrier and Seller. Where the carrier’s equipment cannot be held for inspection, the material shall be unloaded, protected and held for joint inspection. Before unloading, the alleged damage or shortage shall be photographed and be noted on the carrier delivery receipt and signed by the carrier’s agent. Any losses occasioned by shortage or damage in transit shall be for the account of Buyer. (d) Products will be delivered EXW Seller’s facility and delivery will be completed when Seller notifies Buyer that the Products are ready and places the Products at the disposal of Buyer unless otherwise noted in the purchase order and confirmed in the acknowledgement of order. (e) Seller may elect to deliver the Products in instalments. Each instalment will be considered a separate sale and Buyer will pay for each instalment in accordance with these Terms. Any delay in delivery or defect in an instalment will not entitle Buyer to cancel any other instalment. Any Products considered “back-ordered” will be considered an instalment. (f) Seller will attempt to fill and deliver all orders to Xxxxx at the requested time of delivery, subject to Seller’s present engineering and manufacturing capacity and scheduling. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The time stated.

Packaging and Delivery. (a) Unless The Agreement shall be a shipment contract, and the Products shall be delivered F.O.B. Seller’s designated facility, unless so otherwise agreed provided in the Agreement. Seller shall use all reasonable efforts to comply with Buyer’s request as to method of transportation, but Seller reserves the right, if such method of transportation is not available to use an alternate method of transportation, whether or not at a higher rate. In any such case, Seller shall notify Buyer of any such changes as promptly as possible. Seller determines date of shipment. Title to each shipment of the Products sold hereunder and risk of loss thereon shall pass to Buyer when Seller or its agent delivers such shipment to a common carrier or trucker consigned to Buyer or his agent at seller’s designated facility, but such shipment shall remain subject to Seller’s rights of stoppage in transit, rights of reclamation and other legal rights of Seller. Seller’s breach of the Agreement shall not affect the passing of the risk of loss to Buyer. Buyer must not alter or distortassumes responsibility for compliance with all U.S. federal, state and local laws governing exports and re-exports from the United States in part or in full, connection with the packaging, markings, numbers, or consistency sale and use 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. Where it is necessary for Buyer to supply any containers, packaging, labels, identifications or particulars of the Products to enable Seller to effect delivery of the Products, such containers, packaging, labels, identifications or particulars must be furnished or acts performed in a reasonable time to enable Seller to the deliver the Products within the time for delivery b) Without prejudice to the above, Buyer is responsible for ensuring that the Products comply with the rules and standards governing the labelling and marking of products in force in the country of import. (c) All export and import permits and licenses and the payment of well as 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 In the event that Seller delivers any Products to Buyer, title of the Products delivered outside and risk of loss passes to Buyer when the products depart Seller’s facility. If any goods arrive at the buyer destination in a damaged condition or should a shortage exist, the damaged or shortage shall immediately be reported to the delivering carrier and the Seller. In case of damaged goods, a joint inspection of the United States will loaded car, truck or barge shall be arranged with representatives of the responsibility carrier and Seller. Where the carrier’s equipment cannot be held for inspection, the material shall be unloaded, protected and held for joint inspection. Before unloading, the alleged damage or shortage shall be photographed and be noted on the carrier delivery receipt and signed by the carrier’s agent. Any losses occasioned by shortage or damage in transit shall be for the account of Buyer. (d) Products will be delivered EXW Seller’s facility and delivery will be completed when Seller notifies Buyer that the Products are ready and places the Products at the disposal of Buyer unless otherwise noted in the purchase order and confirmed in the acknowledgement of order. (e) Seller may elect to deliver the Products in instalments. Each instalment will be considered a separate sale and Buyer will pay for each instalment in accordance with these Terms. Any delay in delivery or defect in an instalment will not entitle Buyer to cancel any other instalment. Any Products considered “back-ordered” will be considered an instalment. (f) Seller will attempt to fill and deliver all orders to Xxxxx at the requested time of delivery, subject to Seller’s present engineering and manufacturing capacity and scheduling. Any dates quoted for delivery are approximate only, and the time of delivery is not of the essence. The time stated.