Common use of Shipping Clause in Contracts

Shipping. Seller agrees: (a) to deliver notice of shipment of the goods to Buyer by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shipped; (b) to properly xxxx, xxxx and ship goods in accordance with the requirements of Buyer, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant to the terms of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incur.

Appears in 2 contracts

Samples: General Terms and Conditions, General Terms and Conditions

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Shipping. Seller agrees: (a) to deliver notice of shipment of the goods to Buyer by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods All Purchase Prices are shipped; (b) to properly xxxx, xxxx and ship goods FCA WISTRON’s manufacturing plant in accordance with the requirements of Buyer, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructionsTaiwan. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller All Products delivered pursuant to the terms of this Agreement shall be packed pursuant to the packaging requirements set forth in the SOW, marked for shipment to an address designated by XPLORE, and delivered to a carrier designated by XPLORE, or if no carrier is designated by XPLORE to a carrier chosen by WISTRON, F.O.B., WISTRON’s manufacturing plant. XPLORE requires a shipment acknowledgment via FAX or Email attachment which contains the Purchase Order number, the quantity and type of product shipped, including serial numbers, the customer address and contact information, and shipment carrier with tracking numbers. Upon delivery to the carrier, risk of loss with respect to the Products (and title to the Hardware included in such Products) shall pass to XPLORE. All freight, insurance and other shipping expenses shall be paid by XPLORE. Items shipped after their scheduled shipment date plus 2 business days will be shipped by WISTRON on an expedited basis (primarily air freight) with the surcharge for such expedited delivery being at WISTRON’s sole expense. Provided that XPLORE places orders for Products for delivery within the applicable Lead Times as per Section 5 below4.7, WISTRON shall, in the aggregate during each calendar quarter, deliver at least ninety-five percent (95%) of the Products so ordered by the XPLORE specified delivery date. Seller must adhere In the event WISTRON fails for two consecutive calendar year quarters to packaging specifications deliver by the XPLORE specified delivery date at least ninety-five percent (95%) of Product ordered, for any reason other than a Force Majeure Event, then in addition to all other rights and remedies that XPLORE may have at law or in equity, WISTRON shall (i) immediately allow XPLORE to audit WISTRON’s order fulfillment process and discuss the reasons for such failure, (ii) evaluate and consider any recommendations proposed by XPLORE to alleviate such problems, and (iii) at XPLORE’s request, use reasonable best efforts to facilitate communication between XPLORE and any WISTRON supplier(s) that is/are causing such failure. If the aforementioned provisions do not remedy the situation, XPLORE has the right to invoke the Non-performance provisions as stated on release/schedulesin Section 12.4 of this Agreement. Seller shall not ship materials XPLORE will notify WISTRON of the Non-performance in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurwriting.

Appears in 2 contracts

Samples: Turnkey Design and Manufacturing Agreement (Xplore Technologies Corp), Turnkey Design and Manufacturing Agreement (Xplore Technologies Corp)

Shipping. Seller agrees: Unless otherwise expressly provided in this Contract all Products shall be shipped Ex Works (aINCOTERMS 2000). With respect to Seller’s responsibilities to facilitate proper shipping and Product receipt (i) to deliver notice of shipment of the goods to Buyer by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shipped; (b) to properly xxxx, xxxx all Products will be packed and ship goods marked in accordance with Company’s directions; (ii) packing slips must accompany each shipment and identify the requirements of Buyerpurchase order number and the purchase order line number to which the shipment relates, release number, the involved carriers, and, if applicablepart number and part quantity, the country of destinationshipment number and receiving plant; (ciii) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each where multiple packages comprise a single shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods be shown on packing slips, bills of lading lading, and invoices invoices; (when requirediv) Seller will mark the Products in accordance with the standards of the Uniform Commercial Code; and (v) Seller will issue to Company advance shipping notices as requested by Company. In addition to the generality of the foregoing, if this Contract expressly provides that Products are to be shipped CIP Company location (INCOTERMS 2000) or by some other shipping method for which Seller is responsible, then (i) Seller shall ship the Products in accordance with Company’s instructions; (ii) all drayage, demurrage, storage, insurance, packing and related charges will be sufficient paid by Seller unless otherwise provided in the Contract; (iii) Seller shall mark all shipments of Products in conformance with the requirements of the common carriers to be used by Seller; (iv) Seller shall secure the lowest transportation costs consistent with the shipping requirements of this Contract; and (v) Seller will be responsible for all extra charges incurred because of Seller’s failure to follow Company’s shipping instructions, including those related to delivery schedules, whether or not Seller’s liability for general damages is excused under other provisions of this Contract. Notwithstanding any other provision of this Contract, Seller will pay all express and other charges necessary to expedite delivery to enable Buyer Seller to easily identify meet the goods purchased. For direct materialdelivery schedule or the requirements of the Firm Releases issued by Company, regular shipping days shall be established and Seller will ship all late shipments by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant to the terms of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials in containers previously used for chemicals, cleaners, express or other potentially hazardous materialspriority methods of delivery at its expense. It is Upon delivery of Products to Company, all containers, packing and crating material shall become property of the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurCompany.

Appears in 2 contracts

Samples: Terms and Conditions for Purchase, Terms and Conditions for Purchase

Shipping. Seller agrees: (a) to deliver notice of shipment INSTRUCTIONS All product must be shipped on standard 4-way, Grade A, 48" x 40" GMA hardwood, CHEP,IGPS or PECO shrink-wrapped pallets, with no product overhanging on any side of the goods to Buyer by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shipped; (b) to properly xxxx, xxxx and ship goods in accordance with the requirements of Buyerpallet. Also, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated following must be noted in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date body of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other freight receipt: "CARRIER: DO NOT CUT SHRINK-WRAP. DO NOT BREAK DOWN PALLET." In addition, all product must be shipped to Wakefern’s block & tier specifications. If your company does not have such specifications, it is your responsibility to obtain them from your Wakefern procurement contact person prior to shipment. NOTE: Any accessorial charges (e.g., detention, sort and segregate, storage, redelivery, labor) derived from vendors shipping receipt unpalletized or incorrectly palletized freight will result in a chargeback to your company for full charges, plus administrative fees. When shipping more than one item on a single pallet (i) each shipment in accordance with Buyer's instructions. Seller will include item must be sorted and segregated by item on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions pallet; and (ii) a packing sheet must appear on the carrier's requirements. The marks on each package pallet indicating the item descriptions and identification of the goods on packing slips, bills of lading and invoices (when required) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant to the terms of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106counts. Failure to comply with these Transportation Routing Instructions will adhere to this instruction when shipping multiple items on a single pallet may result in debiting Seller the product being refused by Xxxxxxxx and/or a chargeback against your company for unauthorized transportation additional costs, lost sales and administrative charges fees. When shipping multiple Purchase Orders on a single day, each Purchase Order must be tendered to the carrier on a separate bill of lading, and in a sorted and segregated manner. Two or more Purchase Orders cannot be mixed on one pallet and, the product must be shipped in such a way that Buyer the Purchase Orders are clearly and individually identifiable. Failure to ship to these specifications could result in refusal of the freight by Xxxxxxxx and/or chargebacks to your company for additional costs, lost sales and administrative fees. Delivery appointments are required for all shipments. All Grocery Division delivery appointments are pre-arranged at time of product purchase. All General Merchandise deliveries must be pre- appointed by your company or the delivery carrier. Any delivery appointment or delivery appointment changes or confirmations must be made or confirmed by your company and/or the delivering carrier, as applicable, with the Scheduling Clerk at the locations listed below: CONSIGNEE ADDRESS TELEPHONE XXXXXX 000 Xxxx Xxxxxx, Elizabeth, NJ 00000 (000) 000-0000 00 Xxxxx Xxxx, Xxxxxx, XX 00000 (000) 000-0000 355 Davidson Mill Road, (000) 000-0000 South Brunswick, NJ 08831 0000 Xxxxxxxxxx Xxxx., Xxxxxxxxxxxxx, XX 00000 (908) 527-3369 Your company is responsible for the on- time delivery performance of any carrier it utilizes other than the carriers specified by Wakefern within or pursuant to these Instructions. Carrier failure in this regard may incur.result in chargebacks to your company for additional costs, lost sales, administrative fees and

Appears in 1 contract

Samples: 22vj8m1vm7u1kyy5kf6jkqn5-wpengine.netdna-ssl.com

Shipping. Seller agrees: (a) to deliver notice of shipment of the goods to Buyer by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shipped; (b) to properly xxxx, xxxx and ship goods in accordance with the requirements of Buyer, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller All Products delivered pursuant to the terms of Section 5 belowthis Agreement shall be suitably packed for shipment in Altair standard shipping cartons, marked for shipment at Customer's ship to address as set forth on Customer Information Form in the applicable Purchase Order, and shall be routed in accordance with any attached routing instructions from Customer, and delivered to Customer or its carrier agent Ex Works (Incoterms 2000) from Altair manufacturing plant or warehouse, at which time title to such Products and risk of loss shall pass to Customer. Seller must adhere Altair shall use commercially reasonable efforts to packaging specifications have the Products available for shipment at the times specified either in Customer's Purchase Order or in its written acceptance of Customer's Purchase Orders, provided that in the event of conflict between any such dates, the date on Altair’s written acceptance shall control as stated on release/to such conflict so long as such written acceptance has been accepted in writing by Customer within ten (10) days following receipt of Altair’s written acceptance. If no such Customer acceptance in writing is received by Altair as described above, the Purchase Order shall be deemed null and void. For the initial set of Purchase Orders for the Product sales identified in Exhibit A hereto a ten (10) business day grace period for late delivery shall be identified in each applicable Purchase Order. Partial shipments may be made upon written approval of Customer. No partial shipment of a Purchase Order shall constitute the acceptance of the entire Purchase Order, absent the written acceptance of such Purchase Order. Unless otherwise instructed in writing by Customer, Altair shall select the carrier. Customer shall pay all freight, insurance, and other shipping expenses, as well as the expense for any special packing as may have been requested by Customer in its written instructions to Altair. Customer shall return received shipping containers to Altair’s Anderson Indiana facility in as good condition as which they were received by Customer, less reasonable wear and tear, within twenty-one (21) calendar days of receipt in order for Altair to maintain Customer shipping schedules. Seller All costs of returning the shipping crates to Altair shall be solely borne by Customer. Failure by Customer to timely return such shipping may delay subsequent deliveries from Altair at no liability to Altair. Customer agrees that no delivery pursuant to this Agreement shall be construed as a single lot contract under the Uniform Commercial Code. Remedies provided under a single lot contract shall not ship materials in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility of Seller apply to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurany shipment made under this Agreement.

Appears in 1 contract

Samples: Master Product Purchase Agreement (Altair Nanotechnologies Inc)

Shipping. The LNG Ship shall be provided by Buyer at its expense, for the transportation of each LNG Cargo. Seller agrees: (a) shall, in accordance with Clause 8, make available, or cause to deliver notice be made available, facilities for the loading of shipment each LNG Cargo purchased hereunder in accordance with International Standards. Buyer shall, during the period of a Transaction, acting as a Reasonable and Prudent Operator and at no expense to Seller, cause the goods LNG Ship to be equipped, maintained and operated in good working order, such that Buyer by Advanced Shipping Notification (ASN) for Direct Material on is able to fulfil its obligations under the same day that the goods are shipped; (b) to properly xxxx, xxxx and ship goods Transaction in accordance with the International Standards. Buyer warrants to the best of its knowledge and belief that throughout the period of the Transaction, the LNG Ship shall be in compliance with all applicable International Standards, and all applicable or required local laws of the countries in which such LNG Ship will call, including the Loading Port. The LNG Ship shall meet Seller’s vetting requirements and procedures (including its health, safety and environmental requirements). Buyer shall ensure that the LNG Ship is entered with a P&I Club with cover that includes one billion US Dollars (US$1,000,000,000) pollution cover. Prior to the execution of a Confirmation Notice and at the earliest convenient date, Buyer shall provide Seller with the specifications of each LNG Ship thereunder and Seller shall provide Buyer with the specifications of all relevant Seller’s Facilities, and any Terminal Rules and the Conditions of Use in respect of such Seller’s Facilities. Buyer shall use reasonable endeavours to verify as quickly as practicable (having regard to the Arrival Period in respect of each LNG Cargo) and in any event, not later than the date specified in the Confirmation Notice (if applicable), that all Conditions of Use meet the criteria specified in this Clause 7.3. Once any Conditions of Use have been expressly approved by Buyer, Seller shall ensure that the LNG Ship is not called upon to agree to any Conditions of Use other than the approved Conditions of Use. Execution of the Confirmation Notice shall be considered to constitute Buyer’s approval of all such Conditions of Use, provided that such Conditions of Use do not: (i) require any Person to act or fail to act in any manner which is prohibited or penalised under any applicable law; and (ii) impose liabilities on the LNG Ship and/or its owner which are not insured under the standard terms of P&I cover offered by P&I Clubs in the International Group of P&I Clubs. If any Conditions of Use do not satisfy any of the aforementioned conditions, the Parties shall meet and discuss in good faith what measures (if any) can be taken to allow Seller to sell and deliver any applicable LNG Cargo under the relevant Transaction, including consideration of whether Buyer could take physical delivery of such LNG Cargo at a delivery point other than the Delivery Point. Before the execution of a Confirmation Notice, both Seller and Buyer shall cooperate to ensure that each LNG Ship to be nominated in respect of an LNG Cargo thereunder is compatible in all respects with the applicable Loading Port and Seller’s Facilities at which such LNG Cargo will be loaded. Such cooperation shall, where required, include the usual ship/shore interface, timely exchange of documentation, data and information, timely resolution of items of incompatibility, both Parties acting as Reasonable and Prudent Operators, and a ship/shore compatibility meeting at the Loading Port (or Seller's nominated alternate venue) between appropriate representatives of Seller, the operator of Seller’s Facilities, Buyer and the LNG Ship owner/operator. Execution of the relevant Confirmation Notice shall constitute acknowledgement by Xxxxx and Seller that, as of the date of execution of such Confirmation Notice, the LNG Ship and the Seller’s Facilities specified in respect of each LNG Cargo thereunder are compatible with each other. Following the date of execution of a Confirmation Notice, neither Party shall (save where otherwise required to do so by applicable law) take any action that would render the LNG Ship and the Seller’s Facilities specified in respect of an LNG Cargo under the applicable Transaction incompatible with each other, and Buyer shall not permit or make any modification to the LNG Ship and Seller shall not permit or make any modification to Seller’s Facilities following such date, without the other Party’s consent (in each case, save where otherwise required to do so by applicable law). If: (i) a Party is required by applicable law to make any modification to an LNG Ship or to the Seller’s Facilities; and (ii) such modification results in the LNG Ship and the Seller’s Facilities specified in respect of an LNG Cargo being incompatible with each other, then the provisions of Clause 15 shall apply. Buyer acknowledges that at any xxxx Xxxxxx shall have the right to review its approval of the LNG Ship and/or, upon providing reasonable notice, to inspect such LNG Ship, in each case, to verify her compliance with the requirements under any applicable Transaction. If any such review or inspection demonstrates that the LNG Ship is not compliant with the requirements under any applicable Transaction, the Parties shall consult and co-operate with a view to agreeing upon a course of action which will permit such Transaction to be performed, subject always to Seller’s right to notify Buyer that the LNG Ship cannot be used until such time as it has been demonstrated to Seller’s reasonable satisfaction that such LNG Ship has been brought into compliance with all provisions of the applicable Transaction. Any LNG Ship inspections by Seller, or at Seller’s direction, under this Clause 7.5 shall be at Seller’s sole risk and expense. Any such inspection shall not relieve Buyer of any obligations it has to Seller under any Transaction. Buyer shall pay all Port Charges that are incurred in connection with delivery of each LNG Cargo; provided, however, that such Port Charges are imposed on a non-discriminatory basis with respect to Seller’s other LNG buyers at the Loading Port. If any Port Charges are paid by Seller on Xxxxx’s behalf, Xxxxx shall reimburse Seller accordingly. If the LNG Ship requires assistance from, or the use in any manner of, any tugs, pilots, escort vessels or other support vessels or harbour services in connection with the safe berthing of such LNG Ship (“Marine Services”), such assistance or use shall be at the sole risk and expense of Buyer, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless agreed otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to SellerConfirmation Notice. Seller shall comply provide Buyer with Xxxxx's supplements all reasonable assistance in securing such Marine Services as Buyer or the LNG Ship may reasonably require, on terms that are comparable to AT-1724 (Shipping Parts Identification Label Standard) those offered to Seller’s other LNG buyers at the Loading Port. However, if the assistance or use of such Marine Services would not have been undertaken by Buyer under the normal practices at the Loading Port, acting as a Reasonable and Prudent Operator, relating to AT-1700 (Packagingan LNG vessel of approximately equal dimensions to the LNG Ship as if such LNG vessel were loading a full cargo of LNG at such Loading Port, Identification and Global Supply Chain Requirements). Schedule and: such assistance or Purchase Orders take returned material into consideration. Over-shipments may use is requested by Seller, then any charges or expenses related to such Marine Services shall be returned at borne by Seller's expense unless prior approval from Buyer ; or such assistance or use is obtained. In requested by the event scheduled shipments are not made as requestedrelevant port authorities, premium transportation then any charges resulting from non-conformance or expenses related to Buyer's shipping instructions is assumed such Marine Services shall be borne equally by Seller pursuant and Buyer. Buyer shall ensure that the LNG Ship gives Seller the following notices mentioning its ETA at the PBS of the applicable Loading Port: on departure from the port of origin (unless such departure occurs prior to the terms nomination of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials such LNG Ship in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is respect of the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incur.applicable LNG Cargo);

Appears in 1 contract

Samples: Sale and Purchase Agreement

Shipping. Seller agrees: (a) Except as otherwise indicated on the Order or in these terms and conditions, Incoterms 2010 DDP shall apply to deliver notice of the shipment and delivery of the goods Items. All Items will be packed for shipment in a manner sufficient to ensure that the Items are delivered in an undamaged condition. No additional charge shall be made for packaging, marking or storage. Buyer by Advanced Shipping Notification (ASN) shall only be responsible for Direct Material shipping charges if indicated on the same day Order. If Buyer is responsible for shipping charges, all Items must be shipped via ground/standard service unless otherwise approved in advance by Buyer’s purchasing department or stated in the Order. Seller shall not “declare value” when processing shipments or otherwise select shipping insurance to be paid for by Xxxxx unless instructed to do so on the Order. In the event Seller ships contrary to the foregoing, Seller is solely responsible for excess shipping and/or insurance charges. Seller shall deliver the Items in the quantities and on the date(s) specified in the Order, and shipment quantities shall not exceed the quantities indicated on the Order without prior written approval from Buyer’s purchasing department. The parties expressly agree that the goods are shipped; (b) to properly xxxx, xxxx and ship goods timely delivery of all Items in accordance with the requirements of Buyer, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks Order is of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtainedessence. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed of default or failure by Seller pursuant to so timely deliver, in addition to its other available remedies, Buyer may procure the terms Items from other sources and Seller shall be responsible for any cost incurred in excess of Section 5 below. Seller must adhere the amounts to packaging specifications as stated on release/schedulesbe paid under the Order. Seller shall promptly notify Buyer of any delay or of any anticipated delay in delivery of the Items, and Buyer reserves the right, without liability or waiver of any other remedies available to Buyer, to either approve a new delivery schedule or to cancel the Order, in whole or in part. If Seller’s overall production of an Item is curtailed for any reason such that some, but not ship materials all, of Xxxxx’s order may be delivered in containers previously used a timely manner, Seller will offer to timely deliver a portion of Buyer’s order equal to no less than the highest percentage filled for chemicalsany other customer similarly situated, cleanersand Buyer may thereafter accept or reject such partial delivery without waiving any other remedies available to Buyer, under these terms and conditions or other potentially hazardous materialsotherwise. It is Any provisions for delivery of Items by installments shall not be construed as making the responsibility obligations of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurseverable.

Appears in 1 contract

Samples: www.sumcousa.com

Shipping. Unless otherwise expressly provided, Seller agrees: (a) will be obligated to deliver notice make delivery FOB JSSI's premises as designated and to comply with JSSI's shipping and routings instructions Seller will indicate plainly the PO number and PO line number on all bills of lading, invoices, and freight bills. Each package or shipment must contain a memorandum showing Seller's name, contents of package, and PO number. When multiple containers are used, the goods packing list will show the items in each container. Multiple containers will be numbered consecutively, for example, 1 of 4, 2 of 4, etc. Partial shipments must be identified as such on shipping memoranda and invoices. When shipping, Seller will make no declaration of value to Buyer by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shipped; (b) carrier except where shipment is subject to properly xxxx, xxxx and ship goods released value rating in accordance with applicable export requirements. If JSSI requires or requests Seller to apply JSSI specified bar codes or UID on the requirements of Buyerpacking sheets and/or Goods containers, then Seller agrees the involved carriers, andbar codes are for JSSI’s use and Seller will obtain approval or license from the patent holder, if applicable. Seller agrees to indemnify and hold JSSI harmless from any damages, costs, attorney fees, etc., that arise out of any use by Seller of the JSSI specified bar codes other than as provided herein. If specifically authorized in writing by JSSI to ship items to a third party (Drop Shipment), a copy of all documentation for Drop Shipments must be forwarded to JSSI upon shipment of Goods to final destination. Shipment information will include weigh bill and tracking number. PARTS CERTIFICATION DOCUMENTS ARE REQUIRED WITH ALL SHIPMENTS. ACCEPTABLE DOCUMENTS INCLUDE FAA 8130-3, MANUFACTURER’S CERTIFICATE OF CONFORMANCE, EASA FORM ONE, AND FAA 145 SERVICEABLE TAGS. WARRANTY. If this PO is issued under an LTA, the country warranty terms in such LTA will apply. Otherwise, seller warrants that the Goods will conform to specifications in this PO and be free from defects in design (except if design is provided by JSSI), materials, workmanship, defects in title and any claims of destination; any third parties for the longer of (ci) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping 30 months following JSSI’s receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with XxxxxGoods, or (ii) Seller’s standard warranty for such Goods. JSSI may, at its option, either (i) return defective or nonconforming Goods for credit or refund (without Seller having any right to furnish conforming Goods), (ii) require payment of related labor and freight cost, (iii) require prompt replacement or correction of the defective or nonconforming Goods, or (iv) have the defective item(s) corrected or replaced at Seller's expense and deduct the cost thereof from any monies due Seller. Such Goods will be held for Seller's instructions and the carrierat its risk, or at JSSI's requirements. The marks on each package and identification of the goods on packing slipsoption, bills of lading and invoices (when required) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may will be returned at Seller's expense risk. The return to Seller of any defective or nonconforming Goods and delivery to JSSI of any corrected or replaced Goods will be at Seller's expense. JSSI's packing sheet, which accompanies Goods returned, will indicate whether Goods are to be corrected, replaced or credited to JSSI. No Goods thus returned will be replaced or corrected by Seller without JSSI's written instructions. Goods that have been rejected or required to be corrected will not thereafter be tendered for acceptance unless prior approval from Buyer the former rejection or correction requirement is obtaineddisclosed in writing. The obligations of this Paragraph will survive the cancellation, termination, or completion of this PO. The terms of this section are not intended to control third party claims against JSSI. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance of third party claims against JSSI relating to Buyer's shipping instructions is assumed by Seller Goods furnished pursuant to this PO, the terms of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility obligations of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for JSSI are controlled by the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurINDEMNITY paragraph of this PO.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Shipping. Seller agrees: (a) Except as otherwise indicated on the Order or in these terms and conditions, Incoterms 2010 DDP shall apply to deliver notice of the shipment and delivery of the goods Items. All Items will be packed for shipment in a manner sufficient to ensure that the Items are delivered in an undamaged condition. No additional charge shall be made for packaging, marking or storage. Buyer by Advanced Shipping Notification (ASN) shall only be responsible for Direct Material shipping charges if indicated on the same day Order. If Buyer is responsible for shipping charges, all Items must be shipped via ground/standard service unless otherwise approved in advance by Buyer’s purchasing department or stated in the Order. Seller shall not “declare value” when processing shipments or otherwise select shipping insurance to be paid for by Buyer unless instructed to do so on the Order. In the event Seller ships contrary to the foregoing, Seller is solely responsible for excess shipping and/or insurance charges. Seller shall deliver the Items in the quantities and on the date(s) specified in the Order, and shipment quantities shall not exceed the quantities indicated on the Order without prior written approval from Buyer’s purchasing department. The parties expressly agree that the goods are shipped; (b) to properly xxxx, xxxx and ship goods timely delivery of all Items in accordance with the requirements of Buyer, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks Order is of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtainedessence. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed of default or failure by Seller pursuant to so timely deliver, in addition to its other available remedies, Buyer may procure the terms Items from other sources and Seller shall be responsible for any cost incurred in excess of Section 5 below. Seller must adhere the amounts to packaging specifications as stated on release/schedulesbe paid under the Order. Seller shall promptly notify Buyer of any delay or of any anticipated delay in delivery of the Items, and Buyer reserves the right, without liability or waiver of any other remedies available to Buyer, to either approve a new delivery schedule or to cancel the Order, in whole or in part. If Seller’s overall production of an Item is curtailed for any reason such that some, but not ship materials all, of Buyer’s order may be delivered in containers previously used a timely manner, Seller will offer to timely deliver a portion of Buyer’s order equal to no less than the highest percentage filled for chemicalsany other customer similarly situated, cleanersand Buyer may thereafter accept or reject such partial delivery without waiving any other remedies available to Buyer, under these terms and conditions or other potentially hazardous materialsotherwise. It is Any provisions for delivery of Items by installments shall not be construed as making the responsibility obligations of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurseverable.

Appears in 1 contract

Samples: www.mitsubishisilicon.com

Shipping. Seller agrees: (a) Buyer shall provide barges which are suitable for loading and in conformity with restrictions and limitations at Gramercy. Unless otherwise agreed by the parties in writing, and subject to deliver notice the provision of shipment Section 2.3 hereof with respect to Expansion Tonnage, the deliveries of Alumina scheduled for each month shall be a fraction of the goods Annual Requirements for the Contract Year then in effect, equal to Buyer the number of days in the month divided by Advanced Shipping Notification (ASN) for Direct Material the total number of days in the Contract Year. For example, if the Annual Requirements in a 365-day year are [CONFIDENTIAL INFORMATION HAS BEEN OMITTED FROM THIS EXHIBIT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED SEPARATELY WITH THE COMMISSION], the quantity of Alumina scheduled to be delivered in a 31-day month would be approximately [CONFIDENTIAL INFORMATION HAS BEEN OMITTED FROM THIS EXHIBIT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED SEPARATELY WITH THE COMMISSION]. Exact quantities to be delivered each month shall be mutually agreed between the parties, shall be based on the same day that Annual Requirements for the goods are shipped; Contract Year then in effect, and shall be based on the Buyer's intended barge schedule provided to Seller at least fifteen (b15) days prior to properly xxxx, xxxx and ship goods commencement of each calendar quarter during the Contract Year then in effect. The parties will cooperate in regard to scheduling deliveries hereunder in accordance with the requirements of Buyerlocal customs and practices, the involved carriers, and, if applicable, the country of destination; (c) to route shipments but in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goodsany event Buyer shall, unless otherwise stated agreed in writing, move its barges from the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date loading area as soon as reasonably possible following completion of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructionsloading. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) Barge loadings shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant to the terms of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incura Customary Quick Despatch basis.

Appears in 1 contract

Samples: Alumina Purchase Agreement (Century Aluminum Co)

Shipping. Seller agrees: (a) All the Product materials and other deliverables will be shipped at EntreMed's risk and cost. If EntreMed desires to deliver notice of shipment ship the Product outside of the goods US for further processing, ". . ." TRAVEL: EntreMed will pay Chiron for travel at cost, authorized in advance by EntreMed. ADDITIONAL SERVICES: EntreMed will pay Chiron for any additional services provided by Chiron or its temporary employees at the rate of ". . ." EntreMed will agree to Buyer by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shipped; (b) to properly xxxx, xxxx such services in advance and ship goods in accordance with the requirements of Buyer, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtainedwriting. In the event scheduled shipments event, Chiron utilizes a 3rd party to perform additional services, EntreMed will pay Chiron for any additional third party services at the ". . ." EntreMed will agree to such services in advance and in writing. ADDITIONAL PERMITTING FEES: No additional permitting fees are not made anticipated as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant a result of Chiron undertaking this work. If any permitting fees specific to the terms Product are required, such as a regulatory filing fee, EntreMed will reimburse Chiron at the ". . ." except to the extent that Chiron indicated to 66 87 [". . ." INDICATES MATERIAL HAS BEEN OMITTED PURSUANT TO CONFIDENTIAL TREATMENT REQUEST, WHICH THE COMPANY HAS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION] EntreMed in writing that it either possessed such permit or that such permit was not required. INCREMENTAL WASTE STREAM FEES: If the quantity of Section 5 belowhigh BOD waste, generated at VMF is less than the amount generated by Chiron's other Pichia process, Chiron will not charge EntreMed any incremental cost for disposal of such waste streams. Seller must adhere If the quantity of high BOD waste, generated at VMF is greater than the amount generated by Chiron's other Pichia process, EntreMed will pay Chiron ". . ." relative to packaging specifications Chiron's other Pichia process. ASSAY RESULTS USED FOR PAYMENT CRITERIA: Table 3 assay results marked "no" for payment criteria, are marked as stated on release/schedulessuch because these results are dependent upon EntreMed's process or cell line rather than Chiron's operation of the facility. Seller shall For services provided under this Agreement, results of such assays will not ship materials in containers previously be used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility of Seller payment criteria unless otherwise mutually agreed to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurwriting.

Appears in 1 contract

Samples: Manufacturing Services Agreement (Entremed Inc)

Shipping. Seller agrees: Each piece of Equipment shall be shipped to its final installation site determined in the system design document (aDDP ANS III Building [H-1185 Budapest, Igló utca 33-35.] or DDP Debrecen International Airport [H-4030 Debrecen, Repülőtéri út 12.] Incoterms 2010) by Seller. The Equipment shall be delivered to deliver notice of shipment the installation sites just before installation, as storage facilities are not provided at the installation sites. The spare parts shall be delivered at the same time as other items of the goods Equipment. Customs clearance and/or release for free circulation of the Equipment shall be arranged by the Seller (if applicable). Furthermore the Seller shall be liable for and pay additional customs, fines, penalties or levies imposed against the Customer by the competent authorities in connection with the customs clearance and/or release for free circulation of the Equipment managed by the Seller. The Seller shall package the Equipment in a manner that prevents any and all damages and losses during transport. The packaging shall provide adequate protection against rough treatment, extreme temperature, and rainfall. The packages shall contain absorbent materials in order to Buyer by Advanced Shipping Notification prevent internal condensation. The packaging method shall ensure that any and all unauthorised openings of the packages are apparent. The contract number of this Contract shall be indicated on each package, and packing list of items shall be placed in each package. The delivery shall take place at a date agreed on with the Customer. The Seller is obliged to send the following information to the Customer’s contact person and to the xxxxx@xxxxxxxxxxxxxx.xx e-mail address at least 5 (ASNfive) for Direct Material on working days prior to delivery: Date of delivery: Relation of transport (the same day that country from where the goods are shippedarrive to Hungary); Plate number of the truck; Plate number of the trailer; Total weight of goods; Total value of goods; Contract number (b) to properly xxxxHC-201X-XXXX); Sender’s name; Sender’s VAT number; Sender’s address; Loading point; Unloading point; Customs tariff number (per item); Commercial name of goods; The particulars and contact details of the shipper and the loading personnel; Number of packages, xxxx gross and ship goods in accordance with net weight of each package, size of the requirements packages, type and material of Buyerthe packaging. If, at the time of notification, any of the above data is unknown, the involved carriersmissing data shall be sent to the Customer’s contact person and to the xxxxx@xxxxxxxxxxxxxx.xx e-mail address not later than the day before the actual delivery. If the Seller fails to send the requested information specified in this Section of the Contract for any reason, andany and all damages of the Customer and fines levied against the Customer arising from the late notification or the lack of notification shall be borne by the Seller. Any loss or damage arising from late notice or omission of notice shall be borne by Seller. The Contracting Parties expressly stipulate that all risks and expenses related to shipping (including in particular but without limitation to temporary storage, if applicableloading, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handlingunloading, proper packaging, storage or transportation of goodsunpacking, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when requiredetc.) shall be sufficient to enable Buyer to easily identify borne by Seller, and that the goods purchased. For direct material, regular shipping days shall be established by the Buyer Fee includes all such risks and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant to the terms of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurexpenses.

Appears in 1 contract

Samples: kozadat.hungarocontrol.hu

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Shipping. Seller agrees: (a) to deliver notice of shipment of the goods to Buyer by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shipped; (b) to properly xxxx, xxxx and ship goods in accordance with the requirements of Buyer, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller All Products delivered pursuant to the terms of Section 5 belowthis Agreement shall be suitably packed for shipment in Altair standard shipping cartons, marked for shipment at Customer's ship to address as set forth on and attached hereto as Exhibit C (the "Customer Information Form") or to such other address as may be directed in any Purchase Order, and shall be routed in accordance with any attached routing instructions from Customer, and delivered to Customer or its carrier agent Ex Works (Incoterms 2000) Altair manufacturing plant or warehouse, at which time title to such Products and risk of loss shall pass to Customer. Seller must adhere Altair shall use commercially reasonable efforts to packaging specifications have the Products available for shipment at the times specified either in Customer's Purchase Order or in its written acceptance of Customer's Purchase Orders, provided that in the event of conflict between any such dates, the date on Altair’s written acceptance shall control as stated on release/schedulesto such conflict so long as such written acceptance has been accepted in writing by Customer within ten (10) days following receipt of Altair’s written acceptance. Seller If no such Customer acceptance in writing is received by Altair as described above, the Purchase Order shall be deemed null and void. For the initial set of Purchase Orders for the Product sales identified in Exhibit A hereto a ten (10) business day grace period for late delivery shall be identified in each applicable Purchase Order. Partial shipments may be made upon written approval of Customer. No partial shipment of a Purchase Order shall constitute the acceptance of the entire Purchase Order, absent the written acceptance of such Purchase Order. Unless otherwise instructed in writing by Customer, Altair shall select the carrier. Customer shall pay all freight, insurance, and other shipping expenses, as well as the expense for any special packing as may have been requested by Customer in its written instructions to Altair. Customer agrees that no delivery pursuant to this Agreement shall be construed as a single lot contract under the Uniform Commercial Code. Remedies provided under a single lot contract shall not ship materials in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility of Seller apply to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurany shipment made under this Agreement.

Appears in 1 contract

Samples: Product Purchase Agreement (Altair Nanotechnologies Inc)

Shipping. Seller agrees: (a) to deliver notice of shipment of the goods to Buyer by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shipped; (b) to properly xxxx, xxxx and ship goods in accordance with the requirements of Buyer, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant to the terms of Section 5 belowSeller. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incur.

Appears in 1 contract

Samples: General Terms and Conditions

Shipping. Seller agrees20.1 Unless otherwise specified in an Order, Supplier shall: (a) to deliver notice of shipment of or ship the goods to Buyer Product or Commercially Purchased Item covered by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shippedthis Agreement or Order complete; (b) deliver or ship to properly xxxxthe destination designated in the Order; (c) ship according to routing instructions as set forth in the Order and provided by Company’s ordering location; (d) identify this Agreement and Order number on all subordinate documents; (e) enclose a packing memorandum with each shipment, encase the packing memorandum in a moisture resistant pouch or holder, place the packing memorandum on the side of the delivery or shipping container, and in the case of multiple containers, place it on the first container and, when more than one package is delivered or shipped, identify the package containing the memorandum; and (f) xxxx this Agreement and ship goods Order number on all packages and delivery or shipping papers. The following information shall be placed on all packing memorandums: (a) Company’s name; (b) address of location from which delivery or shipping is made; (c) Order number; (d) Order item or line number; (e) Company’s Xxxxxx Part Number as stated on the Order; (f) Product or Commercially Purchased Item description as stated on the Order; (g) quantity delivered or shipped; (h) unit of measure as stated on the Order; (i) Company’s customer’s order number, Company’s customer’s specification/requirements number, and Company’s customer’s item number when identified on the Order; and (j) a list of all serial numbers for Product or Commercially Purchased Items shipped. Adequate protective packing shall be utilized, in accordance with the requirements applicable Specifications. Shipping and routing instructions may be furnished or altered by Company in writing. If Supplier does not comply with Company’s shipping or routing instructions, Supplier authorizes Company to deduct from any invoice of BuyerSupplier (or to charge back to Supplier) any increased transportation costs actually incurred by Company as a result of Supplier’s noncompliance, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) provided that such increased costs shall be sufficient first submitted to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established and approved by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant to the terms of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurSupplier.

Appears in 1 contract

Samples: Supply Agreement (Andrew Corp)

Shipping. Seller agreesNeither ISRI nor the Convention Center will accept advance shipments of freight. Exhibitor shall pay the cost of drayage for removal of such shipments from the Convention Center plus storage expenses until the Convention Center is ready to accept incoming shipments from the authorized drayage company, plus cost of xxxx- age to bring the shipment to the Exposition. ATTACHMENT B - EXHIBITOR SUBCONTRACTOR REQUIREMENTS As provided in Section 5 of attached Agreement, exhibitors utilizing independent service contractors must meet the following requirements: (al The subcontractor must obtain all licenses, permits, or bonds required by Federal, state, county, and municipal governments prior to commencing work. ISRI reserves the right to request evidence of compliance; l The Exhibitor-appointed subcontractor must carry minimum insurance equal to that set forth in section 2(f) to deliver notice of shipment of the goods to Buyer Terms and Conditions. Proof of insurance coverage must be received by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shipped; (b) to properly xxxxISRI not later than February 1, xxxx and ship goods 2018. A certificate of insurance as required in accordance with the requirements of Buyer, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when requiredsection 2(f) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established provided by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packagingcontractor and, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant in addition to the terms additional insureds named in 2(f), shall also list ISRI’s official Exposition Service Contractor. The certificate(s) must bear the legend that "ISRI will receive 30 days' prior written notice of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials in containers previously used for chemicals, cleanerscancellation of, or other potentially hazardous materials. It is any change to,this policy"; l Employees of the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for subcontractor must obtain and wear official ISRI badges while on the latest Transportation Routing Instructions on Form AT-101106. Failure Exposition floor and agree to comply with these Transportation Routing Instructions all security procedures; l The Exhibitor-appointed subcontractor must comply with all labor agreements and practices of the Convention Center and the Exposition's Official Service Contractor and must not commit, or allow to be committed by persons in its employment, any acts that could lead to work stoppages, strikes, or labor problems. l The Exhibitor-appointed subcontractor must fully comply with the rules and regula- tions of the Convention Center and be prepared to demonstrate such compliance to the Convention Center, and will result be responsible for any noncompliance. ATTACHMENT C - EXHIBIT HALL OPERATING EQUIPMENT GUIDELINES (Rev. 2014-1) The following are guidelines for use in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurdetermining the viability of operating equip- ment in the exhibit hall.

Appears in 1 contract

Samples: Authorization and Agreement

Shipping. Seller agreesNeither ISRI nor the Convention Center will accept advance shipments of freight. Exhibitor shall pay the cost of drayage for removal of such shipments from the Convention Center plus storage expenses until the Convention Center is ready to accept incoming shipments from the authorized drayage company, plus cost of xxxx- age to bring the shipment to the Exposition. ATTACHMENT B - EXHIBITOR SUBCONTRACTOR REQUIREMENTS As provided in Section 5 of attached Agreement, exhibitors utilizing independent service contractors must meet the following requirements: (a⚫ The subcontractor must obtain all licenses, permits, or bonds required by Federal, state, county, and municipal governments prior to commencing work. ISRI reserves the right to request evidence of compliance; ⚫ The Exhibitor-appointed subcontractor must carry minimum insurance equal to that set forth in section 2(f) to deliver notice of shipment of the goods to Buyer Terms and Conditions. Proof of insurance coverage must be received by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shipped; (b) to properly xxxxISRI not later than February 1, xxxx and ship goods 2018. A certificate of insurance as required in accordance with the requirements of Buyer, the involved carriers, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goods, unless otherwise stated in the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructions. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when requiredsection 2(f) shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established provided by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packagingcontractor and, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant in addition to the terms additional insureds named in 2(f), shall also list ISRI’s official Exposition Service Contractor. The certificate(s) must bear the legend that "ISRI will receive 30 days' prior written notice of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials in containers previously used for chemicals, cleanerscancellation of, or other potentially hazardous materials. It is any change to,this policy"; ⚫ Employees of the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for subcontractor must obtain and wear official ISRI badges while on the latest Transportation Routing Instructions on Form AT-101106. Failure Exposition floor and agree to comply with these Transportation Routing Instructions all security procedures; ⚫ The Exhibitor-appointed subcontractor must comply with all labor agreements and practices of the Convention Center and the Exposition's Official Service Contractor and must not commit, or allow to be committed by persons in its employment, any acts that could lead to work stoppages, strikes, or labor problems. ⚫ The Exhibitor-appointed subcontractor must fully comply with the rules and regula- tions of the Convention Center and be prepared to demonstrate such compliance to the Convention Center, and will result be responsible for any noncompliance. ATTACHMENT C - EXHIBIT HALL OPERATING EQUIPMENT GUIDELINES (Rev. 2014-1) The following are guidelines for use in debiting Seller for unauthorized transportation and administrative charges that Buyer may incurdetermining the viability of operating equip- ment in the exhibit hall.

Appears in 1 contract

Samples: Authorization and Agreement

Shipping. The LNG Ship shall be provided by Seller agrees: (a) to deliver notice at its expense, for the transportation of shipment of the goods to each LNG Cargo. Buyer by Advanced Shipping Notification (ASN) for Direct Material on the same day that the goods are shipped; (b) to properly xxxxshall, xxxx and ship goods in accordance with Clause 8, make available, or cause to be made available, facilities for the unloading of each LNG Cargo purchased hereunder in accordance with International Standards. Seller shall, during the period of a Transaction, acting as a Reasonable and Prudent Operator and at no expense to Buyer, cause the LNG Ship to be equipped, maintained and operated in good working order, such that Seller is able to fulfil its obligations under the Transaction in accordance with International Standards. Seller warrants to the best of its knowledge and belief that throughout the period of the Transaction, the LNG Ship shall be in compliance with all applicable International Standards, and all applicable or required local laws of the countries in which such LNG Ship will call, including the Discharge Port. The LNG Ship shall meet Buyer’s vetting requirements and procedures (including its health, safety and environmental requirements). Seller shall ensure that the LNG Ship is entered with a P&I Club with cover that includes one billion US Dollars (US$1,000,000,000) pollution cover. Prior to the execution of a Confirmation Notice and at the earliest convenient date, Seller shall provide Buyer with the specifications of each LNG Ship thereunder and Buyer shall provide Seller with the specifications of all relevant Buyer’s Receiving Facilities, and any Terminal Rules and the Conditions of Use in respect of such Buyer’s Receiving Facilities. Seller shall use reasonable endeavours to verify as quickly as practicable (having regard to the Arrival Period in respect of each LNG Cargo) and in any event, not later than the date specified in the Confirmation Notice (if applicable), that all Conditions of Use meet the criteria specified in this Clause 7.3. Once any Conditions of Use have been expressly approved by Seller, Buyer shall ensure that the LNG Ship is not called upon to agree to any Conditions of Use other than the approved Conditions of Use. Execution of the Confirmation Notice shall be considered to constitute Seller’s approval of all such Conditions of Use, provided that such Conditions of Use do not: (i) require any Person to act or fail to act in any manner which is prohibited or penalised under any applicable law; and (ii) impose liabilities on the LNG Ship and/or its owner which are not insured under the standard terms of P&I cover offered by P&I Clubs in the International Group of P&I Clubs. If any Conditions of Use do not satisfy any of the aforementioned conditions, the Parties shall meet and discuss in good faith what measures (if any) can be taken to allow Seller to sell and deliver any applicable LNG Cargo under the relevant Transaction, including consideration of whether Buyer could take physical delivery of such LNG Cargo at a delivery point other than the Delivery Point. Before the execution of a Confirmation Notice, both Seller and Buyer shall cooperate to ensure that each LNG Ship to be nominated in respect of an LNG Cargo thereunder is compatible in all respects with the applicable Discharge Port and Buyer’s Receiving Facilities at which such LNG Cargo will be delivered. Such cooperation shall, where required, include the usual ship/shore interface, timely exchange of documentation, data and information, timely resolution of items of incompatibility, both Parties acting as Reasonable and Prudent Operators, and a ship/shore compatibility meeting at the Discharge Port (or Buyer's nominated alternate venue) between appropriate representatives of Buyer, the involved carriersoperator of Buyer’s Receiving Facilities, andSeller and the LNG Ship owner/operator. Execution of the relevant Confirmation Notice shall constitute acknowledgement by Xxxxx and Seller that, if applicableas of the date of execution of such Confirmation Notice, the country LNG Ship and the Buyer’s Receiving Facilities specified in respect of destination; each LNG Cargo thereunder are compatible with each other. Following the date of execution of a Confirmation Notice, neither Party shall (csave where otherwise required to do so by applicable law) take any action that would render the LNG Ship and the Buyer’s Receiving Facilities specified in respect of an LNG Cargo under the applicable Transaction incompatible with each other, and Seller shall not permit or make any modification to route shipments the LNG Ship and Buyer shall not permit or make any modification to Buyer’s Receiving Facilities following such date, without the other Party’s consent (in accordance with Buyer's instructions; each case, save where otherwise required to do so by applicable law). If: (di) a Party is required by applicable law to make no charge for handling, packaging, storage any modification to an LNG Ship or transportation of goods, unless otherwise stated in to the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions’s Receiving Facilities; and (gii) such modification results in the LNG Ship and the Buyer’s Receiving Facilities specified in respect of an LNG Cargo being incompatible with each other, then the provisions of Clause 15 shall apply. Seller acknowledges that at any time Buyer shall have the right to promptly forward review its approval of the original bill LNG Ship and/or, upon providing reasonable notice, to inspect such LNG Ship, in each case, to verify her compliance with the requirements under any applicable Transaction. If any such review or inspection demonstrates that the LNG Ship is not compliant with the requirements under any applicable Transaction, the Parties shall consult and co-operate with a view to agreeing upon a course of lading action which will permit such Transaction to be performed, subject always to Buyer’s right to notify Seller that the LNG Ship cannot be used until such time as it has been demonstrated to Buyer’s reasonable satisfaction that such LNG Ship has been brought into compliance with all provisions of the applicable Transaction. Any LNG Ship inspections by Buyer, or at Buyer’s direction, under this Clause 7.5 shall be at Buyer’s sole risk and expense. Any such inspection shall not relieve Seller of any obligations it has to Buyer under any Transaction. Seller shall pay all Port Charges that are incurred in connection with delivery of each LNG Cargo; provided, however, that such Port Charges are imposed on a non-discriminatory basis with respect to Buyer’s other LNG sellers at the Discharge Port. If any Port Charges are paid by Xxxxx on Seller’s behalf, Seller shall reimburse Buyer accordingly. If the LNG Ship requires assistance from, or the use in any manner of, any tugs, pilots, escort vessels or other shipping receipt for each shipment support vessels or harbour services in accordance connection with Buyer's instructions. Seller will include on bills the safe berthing of lading such LNG Ship (“Marine Services”), such assistance or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) use shall be sufficient at the sole risk and expense of Seller, unless agreed otherwise in the Confirmation Notice. Buyer shall provide Seller with all reasonable assistance in securing such Marine Services as Seller or the LNG Ship may reasonably require, on terms that are comparable to enable Buyer those offered to easily identify Buyer’s other LNG sellers at the goods purchasedDischarge Port. For direct materialHowever, regular shipping days if the assistance or use of such Marine Services would not have been undertaken by Seller under the normal practices at the Discharge Port, acting as a Reasonable and Prudent Operator, relating to an LNG vessel of approximately equal dimensions to the LNG Ship as if such LNG vessel were unloading a full cargo of LNG at such Discharge Port, and: such assistance or use is requested by Buyer, then any charges or expenses related to such Marine Services shall be established borne by Buyer; or such assistance or use is requested by the relevant port authorities, then any charges or expenses related to such Marine Services shall be borne equally by Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 ensure that the LNG Ship gives Buyer the following notices mentioning its ETA at the PBS of the applicable Discharge Port: on departure from the Loading Port (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless such departure occurs prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant to the terms nomination of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials such LNG Ship in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is respect of the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incur.applicable LNG Cargo);

Appears in 1 contract

Samples: Sale and Purchase Agreement

Shipping. Seller agrees: (a) to deliver notice Buyer shall provide barges which are suitable for loading and in conformity with restrictions and limitations at Gramercy. Unless otherwise agreed by the parties in writing, and the deliveries of shipment Alumina scheduled for each month shall be a fraction of the goods Annual Requirements for the Contract Year then in effect, equal to Buyer the number of days in the month divided by Advanced Shipping Notification (ASN) for Direct Material the total number of days in the Contract Year. For example, if the Annual Requirements in a 365-day year are [CONFIDENTIAL INFORMATION HAS BEEN OMITTED FROM THIS EXHIBIT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED SEPARATELY WITH THE COMMISSION], the quantity of Alumina scheduled to be delivered in a 31-day month would be approximately [CONFIDENTIAL INFORMATION HAS BEEN OMITTED FROM THIS EXHIBIT PURSUANT TO A REQUEST FOR CONFIDENTIAL TREATMENT AND FILED SEPARATELY WITH THE COMMISSION]. Exact quantities to be delivered each month shall be mutually agreed between the parties, shall be based on the same day that Annual Requirements for the goods are shipped; Contract Year then in effect, and shall be based on the Buyer's intended barge schedule provided to Seller at least fifteen (b15) days prior to properly xxxx, xxxx and ship goods commencement of each calendar quarter during the Contract Year then in effect. The parties will cooperate in regard to scheduling deliveries hereunder in accordance with the requirements of Buyerlocal customs and practices, the involved carriersbut in any event, and, if applicable, the country of destination; (c) to route shipments in accordance with Buyer's instructions; (d) to make no charge for handling, packaging, storage or transportation of goodsBuyer shall, unless otherwise stated agreed in writing, move its barges from the Contract; (e) to provide with each shipment packing slip Buyer's purchase order and/or release number and date loading area as soon as reasonably possible following completion of shipment marked thereon; (f) to properly mark each package with a label/tag according to Xxxxx's instructions; and (g) to promptly forward the original bill of lading or other shipping receipt for each shipment in accordance with Buyer's instructionsloading. Seller will include on bills of lading or other shipping receipts correct classification identification marks of the goods shipped in accordance with Xxxxx's instructions and the carrier's requirements. The marks on each package and identification of the goods on packing slips, bills of lading and invoices (when required) Barge loadings shall be sufficient to enable Buyer to easily identify the goods purchased. For direct material, regular shipping days shall be established by the Buyer and communicated to Seller. Seller shall comply with Xxxxx's supplements to AT-1724 (Shipping Parts Identification Label Standard) and to AT-1700 (Packaging, Identification and Global Supply Chain Requirements). Schedule or Purchase Orders take returned material into consideration. Over-shipments may be returned at Seller's expense unless prior approval from Buyer is obtained. In the event scheduled shipments are not made as requested, premium transportation charges resulting from non-conformance to Buyer's shipping instructions is assumed by Seller pursuant to the terms of Section 5 below. Seller must adhere to packaging specifications as stated on release/schedules. Seller shall not ship materials in containers previously used for chemicals, cleaners, or other potentially hazardous materials. It is the responsibility of Seller to refer to Xxxxx's website (xxx.xxxxxxxxxxxxxxxxxxx.xxx, Suppliers>Purchasing Related Forms) for the latest Transportation Routing Instructions on Form AT-101106. Failure to comply with these Transportation Routing Instructions will result in debiting Seller for unauthorized transportation and administrative charges that Buyer may incura Customary Quick Dispatch basis.

Appears in 1 contract

Samples: Alumina Purchase Agreement (Century Aluminum Co)

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