Common use of SHIPMENT/DELIVERY Clause in Contracts

SHIPMENT/DELIVERY. a. Time is of the essence. Contractor shall ship in accordance with the instructions contained in the Contract, PO(s) issued hereunder, or specific instructions issued by TVA. If Contractor routes shipments contrary to those instructions, TVA is obligated to pay no more than the shipping costs that would have been incurred had Contractor followed the specified instructions and TVA may claim from or deduct and retain from any amounts invoiced by Contractor, an amount equal to such difference plus an administrative fee of $50. Unless authorized by TVA, no additional valuation or cargo insurance will be charged for shipments made Free Carrier At (FCA) or F.O.B. origin. Invoices must be supported by carriers' freight bills. b. Contractor must prepare the Materials provided under this Contract for shipment, accurately identify the Materials (with, at minimum, a bill of lading or packing list(s) that describe the Materials, their quantity, and the Contract or PO number), pack the Materials to protect them from damage in transit, and package the Materials for shipment to facilitate their unloading at the TVA destination. TVA may provide additional shipment or packaging instructions at time of shipment or issuance of the PO. Contractor is responsible and liable for any and all damage to Materials due to improper preparation for shipment, receiving, handling, or storage, regardless whether shipped FCA or F.O.B. origin, or DDP or CIF (Incoterms 2010) destination. c. If TVA, in its discretion, approves partial shipments, Contractor must identify on the bill of lading or packing list(s) the approving TVA employee’s or agent’s name. If such approver’s name is not identified on the documentation accompanying the shipment of Materials, TVA may return the shipment to Contractor at Contractor’s expense. d. Contractor must package Materials for shipment in recyclable, reusable containers when possible, to reduce packaging volume. e. Prior to shipment of Materials on an emergency or expedited basis, Contractor must communicate any special freight or handling charges that Contractor will invoice to TVA due to such emergency shipment, and obtain written approval to incur such charges.‌

SHIPMENT/DELIVERY. a. Time is of the essence. Contractor shall ship in accordance with the instructions contained in the Contract, PO(s) issued hereunder, or specific instructions issued by TVA. If Contractor routes shipments contrary to those instructions, TVA is obligated to pay no more than the shipping costs that would have been incurred had Contractor followed the specified instructions and TVA may claim from or deduct and retain from any amounts invoiced by Contractor, an amount equal to such difference plus an administrative fee of $50. Unless authorized by TVA, no additional valuation or cargo insurance will be charged for shipments made Free Carrier At (FCA) or F.O.B. origin. Invoices must be supported by carriers' freight bills. b. Contractor must prepare the Materials provided under this Contract for shipment, accurately identify the Materials (with, at minimum, a bill of lading or packing list(s) that describe the Materials, their quantity, and the Contract or PO number), pack the Materials to protect them from damage in transit, and package the Materials for shipment to facilitate their unloading at the TVA destination. TVA may provide additional shipment or packaging instructions at time of shipment or issuance of the PO. Contractor is responsible and liable for any and all damage to Materials due to improper preparation for shipment, receiving, handling, or storage, regardless whether shipped FCA or F.O.B. origin, or DDP or CIF (Incoterms 2010) destination. c. If TVA, in its discretion, approves partial shipments, Contractor must identify on the bill of lading or packing list(s) the approving TVA employee’s or agent’s name. If such approver’s name is not identified on the documentation accompanying the shipment of Materials, TVA may return the shipment to Contractor at Contractor’s expense. d. Contractor must package Materials for shipment in recyclable, reusable containers when possible, to reduce packaging volume. e. Prior to shipment of Materials on an emergency or expedited basis, Contractor must communicate any special freight or handling charges that Contractor will invoice to TVA due to such emergency shipment, and obtain written approval to incur such charges.‌charges.

SHIPMENT/DELIVERY. a. Time is of the essence. Contractor shall ship all Materials in accordance compliance with this Contract and with the instructions contained in the Contract, PO(s) issued hereunder, or specific specific, written instructions issued by TVA. If Contractor routes shipments contrary to those this Contract, PO(s), or such instructions, TVA is not liable or obligated to pay no more than any amount in excess of the shipping costs that would have been incurred had Contractor complied with Contract or PO terms, or followed the specified instructions instructions. For shipments made: (i) Free Carrier At (FCA, INCOTERMS 2010) or F.O.B. Origin (Freight Collect) (Contractor is responsible for loading onto TVA’s carrier, and TVA takes title and risk of loss upon the carrier’s departure from Contractor’s loading dock), or (ii) F.O.B. Destination (Freight Collect) (Contractor is responsible for loading onto TVA’s carrier, but retains title and risk of loss until delivery to TVA’s Site destination), Contractor shall not charge or invoice to TVA any additional valuation or cargo insurance, and all invoices must be supported by and consistent with carriers' freight bills. In any of the foregoing cases, and unless TVA or its agent(s) directly cause shipment delays, if the actual delivery date is later than the delivery date stated on the relevant Work Release(s), then (1) Contractor will be liable for all additional charges (including costs of emergency or expedited loading, shipment, and unloading) related to such delayed delivery date, and (2) TVA may claim from or deduct and retain from any amounts invoiced by ContractorContractor invoices, an amount amount(s) equal to such difference prohibited or additional charges, plus an a per-shipment administrative fee of $50. Unless authorized by TVA, no additional valuation or cargo insurance will be charged for shipments made Free Carrier At (FCA) or F.O.B. origin. Invoices must be supported by carriers' freight bills250. b. Contractor must prepare the Materials provided under this Contract for shipment, accurately identify the Materials (with, at minimum, a bill of lading or packing list(s) that describe the Materials, their quantity, and the Contract or PO number), pack the Materials to protect them from damage in transit, and package the Materials for shipment to facilitate their unloading at the TVA destination. TVA may provide additional shipment or packaging instructions at time of shipment or issuance of the PO. Contractor is responsible and liable for any and all damage to Materials due to improper preparation for shipment, receiving, handling, or storage, regardless whether shipped FCA or F.O.B. origin, or DDP or CIF (Incoterms 2010) destination. c. If TVA, in its discretion, approves partial shipments, Contractor must identify on the bill of lading or packing list(s) the approving TVA employee’s or agent’s name. If such approver’s name is not identified on the documentation accompanying the shipment of Materials, TVA may return the shipment to Contractor at Contractor’s expense. d. Contractor must package Materials for shipment in recyclable, reusable containers when possible, to reduce packaging volume. e. Prior to shipment of Materials on an emergency or expedited basis, Contractor must communicate any special freight or handling charges that Contractor will invoice to TVA due to such emergency shipment, and obtain written approval to incur such charges.‌