Common use of Delivery of the Goods Clause in Contracts

Delivery of the Goods. Subject to Section 4.1 of the JDA, the time and place of delivery of the Goods are as specified in the Order. The terms of delivery shall be F.O.B. Supplier’s place of manufacture or other point of shipment in the United Kingdom (the “F.O.B. point”). Supplier’s obligation to deliver shall not have been met until the Goods and the documentation as required per the Order, including any certificates, maintenance instructions and manuals, have been delivered at the F.O.B. point. Unless expressly specified in the Order by Aviza, the delivery of Goods shall be non-recurring. If the Goods are agreed to be delivered/provided in installments, then the Order is deemed not to be severable. The Supplier shall notify Aviza as soon as reasonably possible of any delay or potential delay in the execution of the Order, and will state the events causing such delay. Supplier shall be responsible for additional expenses to deliver the Goods in an expedited manner or in a manner reasonably requested by Aviza if Goods are not delivered in accordance with timeframes set forth in the Order.