Ship Date Clause Samples
The Ship Date clause defines the specific date by which goods must be dispatched or shipped from the seller to the buyer. In practice, this clause sets a clear deadline for shipment, often referencing a calendar date or a period after contract execution, and may include provisions for notification or documentation of shipment. Its core function is to ensure both parties have a mutual understanding of delivery timelines, thereby reducing the risk of disputes related to late or delayed shipments.
Ship Date. BioNano will provide ▇▇▇▇▇ with estimated ship dates within […***…] after a Sales Order Confirmation is issued.
Ship Date. The ship date stated on an order acknowledgment or otherwise agreed in writing by the parties is Seller’s best approximation of the anticipated ship date and shall not be of the essence or deemed to represent a fixed or guaranteed ship date. Seller shall not be liable for any losses, costs, damages, charges, or expenses caused directly or indirectly from any delay in shipment of the goods.
Ship Date. PcoMed shall use commercially reasonable efforts to ship all forecasted Processed Parts up to the Minimum Processing Capacity Commitment no later than fifteen (15) business days following receipt of a Purchase Order and accompanying Parts (the “Delivery Deadline”); provided, however, that the Delivery Deadline for all Processed Parts over and above (i) each monthly Forecast or, if less, (ii) the Minimum Processing Capacity Commitment for the applicable month shall be determined by mutual agreement of the Parties. If PcoMed misses a Delivery Deadline by more than five (5) business days for reasons within the reasonable control of PcoMed, PcoMed shall issue SeaSpine a credit equal to the five percent (5%) of the Processing Fees owed for the Processed Parts in such late delivery. For the purpose of calculating such credit, the base processing fee for the first [***] Processed Parts (inclusive of Test Parts and Dummy Parts but excluding any Parts for which SeaSpine shall have previously received a credit during such Contract Year pursuant to Section 2.10) in any Contract Year shall be deemed to be $[***]. Notwithstanding anything in the preceding to the contrary, PcoMed shall have the right, upon prompt notice to SeaSpine (a “Hold Notice”), to place on hold a Purchase Order, in whole or in part, and the Delivery Deadline shall be suspended for that portion of a Purchase Order placed on hold in the event that: (i) PcoMed has a question as to whether or how to process an order using PcoMed’s standard procedures; (ii) the condition or quantity of the Parts subject to an order prevents PcoMed from processing such Parts; or (iii) Parts are received or scheduled to be delivered during PcoMed’s biannual maintenance shut-down (which typically occur mid-year and over the Christmas/New Year holidays), subject to the following: (a) PcoMed shall provide SeaSpine at least ninety (90) days prior written notice of such maintenance shut-down, and (b) PcoMed will use commercially reasonable efforts to increase production of Processed Parts in the weeks leading up to and/or following a shutdown so as to supply SeaSpine with the monthly Minimum Processing Capacity Commitment in the month(s) in which the shutdown occurs, provided that SeaSpine has provided reasonable advance notice of its processing needs for such month(s). The Parties shall use commercially reasonable efforts to resolve the issue identified in the Hold Notice and the Delivery Deadline for such held order shall b...