Shipment and Delivery Requirements. Unless otherwise expressly agreed to by the Parties, SBA shall deliver the Goods to the Delivery Point (as defined below), using SBA’s standard methods for packaging and shipping the Goods. SBA may, in agreement with Distributor, without liability or penalty, make partial shipments of Goods, each of which constitutes a separate sale, and Distributor shall pay for the units shipped in accordance with the payment terms specified in Section 3.3 whether such shipment is in whole or partial fulfillment of a Purchase Order. Any time quoted for delivery is an estimate only. All Prices are based on Intercoms 2010 and are FCA at the DSV Logistics Centre in Ghent, Belgium or FOB SBA’s shipping point in Xiamen or Hong Kong, China or, in respect of tennis balls only, Bangkok in Thailand (the “Delivery Point”).
Shipment and Delivery Requirements. Seller shall use commercially reasonable efforts to assemble, xxxx, xxxx and ship Licensed Products in the quantities, by the methods, to the Delivery Locations and by the Delivery Dates, specified in this Agreement or in an applicable Purchase Order or Release. Delivery times will be measured to the time that Licensed Products are actually received at the Delivery Location. If Seller does not comply with any of its delivery obligations under this Section 4, Buyer may, in Buyer’s sole discretion and at Seller’s sole cost and expense: (a) approve a revised Delivery Date; (b) require expedited or premium shipment; or (c) cancel the applicable Purchase Order. Unless otherwise expressly agreed to by the Parties in writing, Seller may not make partial shipments of Licensed Products to Buyer Purchasing Parties.
Shipment and Delivery Requirements. Unless otherwise expressly agreed to by the Parties, SBA shall deliver the Goods to the Delivery Point, using SBA’s standard methods for packaging and shipping the Goods. SBA may, in agreement with Distributor, without liability or penalty, make partial shipments of Goods, each of which constitutes a separate sale, and Distributor shall pay for the units shipped in accordance with the payment terms specified in Section 3.3 whether such shipment is in whole or partial fulfillment of a Purchase Order. Any time quoted for delivery is an estimate only. All Prices are based on Intercoms 2010 and are FCA at the DSV Logistics Centre in Ghent, Belgium FOB SBA’s shipping point in Xiamen, China or, in respect of tennis balls only, Bangkok in Thailand. Slinger Bag Americas Inc Dunlop / Sumitomo Distribution Agreement September 2020 5
Shipment and Delivery Requirements. Unless otherwise expressly agreed to by the Parties, SBA shall deliver the Goods to the Delivery Point, using SBA’s standard methods for packaging and shipping the Goods. SBA may, in agreement with Distributor, without liability or penalty, make partial shipments of Goods, each of which constitutes a separate sale, and Distributor shall pay for the units shipped in accordance with the payment terms specified in Section 3.3 whether such shipment is in whole or partial fulfillment of a Purchase Order. Any time quoted for delivery is an estimate only. All Prices are based on Intercoms 2010 and are FOB SBA’s shipping point in Xiamen or Hong Kong, China or Bangkok in Thailand.
Shipment and Delivery Requirements. Time, quantity and delivery to the Delivery Location are of the essence under this Agreement. Hytera shall procure materials for, fabricate, assemble, xxxx, xxxx and ship Products strictly in the quantities, by the methods, to the Delivery Locations and by the Delivery Dates, specified in this Agreement or in an applicable Purchase Order or Release. Delivery times will be measured to the time that Products are actually received at the Delivery Location. If Hytera does not comply with any of its delivery obligations under this Section 4, EMCORE may, following good faith discussion with Hytera and at Hytera's sole cost and expense, (a) approve a revised Delivery Date, (b) require expedited or premium shipment, or (c) cancel the Purchase Order applicable to the delayed Product and obtain similar goods from other sources (and all such Products will be deemed to have been purchased under this Agreement for purposes of satisfying EMCORE's quantity requirements hereunder), with Hytera being liable for additional costs to EMCORE associated with such purchase. Unless otherwise expressly agreed to by the Parties in writing, Hytera may not make partial shipments of Products to EMCORE. Hytera shall inform EMCORE of any anticipated delivery delay as promptly as possible, and in any event at least five Days prior to the scheduled Delivery Date. Notwithstanding anything to the contrary contained in this Agreement, Hytera shall not take responsibility for delay in delivery directly resulting from any breach of any representation or warranty made with respect to the Purchased Assets by EMCORE in the Asset Purchase Agreement or any breach of EA’s obligations pursuant to the Transition Services Agreement.
Shipment and Delivery Requirements. Armis will ship Hardware Appliances to a location agreed upon by the Parties in writing (a “Delivery Location”) using Armis’ standard methods for packaging and shipping. Armis may make partial shipments of Hardware Appliances, each of which constitutes a separate order, and Customer will pay the Fees for each of the units shipped in accordance with this Section 3. Any time quoted for delivery is an estimate only. All Fees charged by Armis for Hardware Appliances are according to Carriage Paid To Delivery Location (Incoterms 2020) and are inclusive of shipping costs but may not be inclusive of other costs including destination charges or customs duty, as applicable, for which Customer is responsible.
Shipment and Delivery Requirements. Time, quantity, and delivery to the street address in the applicable Purchase Order (the “Delivery Location”) are of the essence under this Agreement. Seller shall assemble, xxxx, xxxx, and ship Goods strictly in the quantities, by the methods, to the Delivery Locations, and by the date that is set forth in a Purchase Order, which must be a day other than a Sunday, or a federal holiday (each, a “Delivery Date”), specified in this Agreement. Delivery times will be measured to the time that Goods are actually received at the Delivery Location. If Seller does not comply with any of its delivery obligations under this Section, without limiting Buyer's other rights under this Agreement or applicable law, Buyer may, in Buyer's sole discretion and at Seller's sole cost and expense: (i) approve a revised Delivery Date; or (ii) require expedited or premium shipment; or (iii) reject the entire shipment with no penalty to Buyer (in cases of late delivery). Unless otherwise expressly agreed to by the Parties in writing, Seller may not make partial shipments of Goods to Buyer.
Shipment and Delivery Requirements. Subject to Section 16.11 of this Agreement, time, quantity, and delivery to the Delivery Location are of the essence under this Agreement. Supplier shall assemble, xxxx, xxxx and ship Goods strictly in the quantities, by the methods, to the Delivery Locations and by the Delivery Dates, specified in the applicable Purchase Order. Unless specified in the applicable Purchase Order, Delivery of Goods shall be at the times the Goods are actually received by Flexsteel at the Delivery Location. If Supplier does not comply with the terms, conditions and obligation under this Section 6.01, Flexsteel may, in its sole discretion without limiting all other rights or remedies available to it under this Agreement or pursuant to applicable Law, at Supplier’s sole cost and expense:
Shipment and Delivery Requirements. Unless otherwise agreed in writing, You will deliver the Products to Landseye at Landseye’s licensed facility (the “Facility”), or such location to be provided in writing prior to the Delivery Date. Time, quantity and delivery to the delivery location are of the essence under the Agreement. You shall procure materials for, xxxx, xxxx and ship Products strictly in the quantities, by the methods, to the delivery locations and by the delivery dates, specified in these Terms and Conditions or as otherwise agreed in writing. If Licensed Producer does not comply with any of its delivery obligations under this Section E.1, Landseye may, in Xxxxxxxx’s sole discretion and at Licensed Producer’s sole cost and expense,
Shipment and Delivery Requirements. Seller shall assemble, xxxx, xxxx, and ship Goods strictly in the quantities, by the methods, to the Delivery Locations, and by the Delivery Dates, specified in the applicable Purchase Order or this Agreement. Delivery times will be measured to the time that goods are actually received at the Delivery Location. Subject to Section 17.16, time, quantity, and delivery to the Delivery Location are of the essence of this Agreement. If Seller fails to comply with any of its delivery obligations under this Section 7.01, Master Distributor may, without limiting Master Distributor’s other rights under this Agreement or applicable Law, in Master Distributor’s sole discretion and at Seller’s sole cost and expense: (a) approve a revised Delivery Date or (b) require expedited or premium shipment. Unless otherwise expressly agreed by the Parties in writing, Seller may not make partial shipments of goods to Master Distributor.
