Order and Shipment Sample Clauses

Order and Shipment. 6.1 [ORDER] In the Distributor's placing purchase orders for the Products with the Principal, the Distributor shall clearly describe the Products and quantity required, price, delivery time, packing, invoicing and shipping conditions, etc.
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Order and Shipment. 5.01 ORDERS. All purchase orders for the Products placed by Distributor with Manufacturer shall be subject to the provisions of this Agreement. Any provision of any "special" order that is inconsistent with this Agreement or that may seek to impose any additional obligations upon Manufacturer shall be null and void unless approved in writing by both parties. Manufacturer will endeavor, so far as it may be practicable for it to do so, to fill such orders, but shall be under no liability to Distributor for any omission to do so, irrespective of the reason, nor shall any partial shipment or shipments against any order impose any liability upon Manufacturer with respect to the undelivered balance of any order.
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Order and Shipment. 6.1 Orders. CLIENT will place a Purchase Order (PO) for completed products with D&K, along with a requested Product delivery schedule. CLIENT and D&K will work together to ensure that this PO is placed sufficiently in advance of the requested Product delivery schedule to enable D&K to order the necessary material to comply with the PO and Product Delivery Schedule. This PO and Product delivery schedule will be binding and document CLIENT’s financial obligation to D&K to cover the material that D&K places on order with suppliers and all Manufacturing Charges (scrap, freight, labor, manufacturing overhead, S,G&A and profit). D&K shall make CLIENT aware of this financial burden per Section 7.3 below. Each PO will include: (i) unit quantity; (ii) unit price; (iii) shipping destination; (iv) Ship Date; and (v) other instructions or requirements pertinent to the PO. All Orders received prior to the Lead Time shall be filled by D&K according to the terms of the PO. To the extent of any inconsistency between the terms of a PO and the terms of this Agreement, the terms specified in this Agreement shall control and take precedence. CLIENT may increase the quantity of Product in a batch order or accelerate order date of such batches set forth in Exhibit C so long as CLIENT pays for such orders in advance and order is placed according to material lead times. CLIENT may designate certain units to be shipped to destinations outside of the United States. In such case, D&K shall manufacture the designated units to meet the equivalent foreign requirements provided CLIENT has had said units certified to be compliant with regulatory requirements in the destination countries.
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Order and Shipment. KDK shall make all purchases of Product by placing firm orders with Biosite. Such purchase orders shall be in writing and in a form reasonably acceptable to Biosite. Purchase orders shall not be binding upon Biosite unless and until accepted by Biosite. Biosite shall notify KDK in writing of its acceptance of purchase orders and of the scheduled deliver therefor within two weeks after receipt of firm orders. Biosite shall use commercially reasonable efforts to deliver the Product within three (3) months after receipt of firm orders. The Product shall be packed in such manner as to ensure safe and undamaged delivery. The Testing Device shall be delivered FCA San Diego Facilities Incoterms 1990. The Reader shall be delivered FOB Munich Airport, Frankfurt Airport or Hamburg Seaport Incoterms 1990. The Product shall be shipped to KDK's facility located at Kyoto, Japan or such other location as designated in advance in writing by KDK. Biosite shall make its best effort to accept any reasonable orders for the Product placed by KDK. In the event that Biosite decides to discontinue the manufacture of the Product, upon KDK's request the parties shall negotiate, in good faith, a contract under which Biosite transfers or licenses KDK with the Patent Rights and any other proprietary information necessary for KDK tomanufacture the Product in the Territory.
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Order and Shipment. KDK shall make all purchases of Product by placing firm orders with Biosite. Such purchase orders shall be in writing and in a form reasonably acceptable to Biosite. Purchase orders shall not be binding upon Biosite unless and until accepted by Biosite. Biosite shall notify KDK in writing of its acceptance of purchase orders and of the scheduled deliver therefor within [CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION] after receipt of firm orders. Biosite shall use commercially reasonable efforts to deliver the Product within [CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION] after receipt of firm orders. The Product shall be packed in such manner as to ensure safe and undamaged delivery. The Testing Device shall be delivered FCA San Diego Facilities Incoterms 1990. The Reader shall be delivered FOB Munich Airport, Frankfurt Airport or Hamburg Seaport Incoterms 1990. The Product shall be shipped to KDK's facility located at Kyoto, Japan or such other location as designated in advance in writing by KDK. Biosite shall make its best effort to accept any reasonable orders for the Product placed by KDK. [CONFIDENTIAL MATERIAL REDACTED AND FILED SEPARATELY WITH THE COMMISSION]
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Order and Shipment a. All purchase orders for the PRODUCTS placed by DISTRIBUTOR with MANUFACTURER shall be subject to the provisions of this Agreement. Any provision of any such order that is inconsistent with this Agreement or that may seek to impose any additional obligations upon MANUFACTURER shall be null and void unless approved in writing by both parties. MANUFACTURER will endeavor, so far as it may be practicable for it to do so, to fill such orders, but shall be under no liability to DISTRIBUTOR for any omission to do so, irrespective of the reason, nor shall any partial shipment or shipments against any order impose any liability upon MANUFACTURER with respect to the undelivered balance of any such order. b. All sales made under this Agreement shall be in accordance with and interpreted MANUFACTURER's under Malaysia law. c. MANUFACTURER shall not be responsible or liable for any loss, damage detention, or delay caused by fire, strike, civil or military authority, governmental restrictions or controls, insurrection or riot, railroad, marine or air embargoes, lockout, tempest, accident, breakdown of machinery, yield problems, delay in delivery of materials by other parties, or any cause which is unavoidable or beyond its reasonable control; nor in any event for consequential damages.
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Order and Shipment. Customer will order Products by sending the Company a complete purchase order, in a form acceptable by the Company. The Company may reject the Purchase Order for any reason. The Company will not be bound by any terms and conditions set forth in Customer’s purchase orders, unless previously agreed to in writing. Unless otherwise agreed in writing, delivery will be made in accordance with the Company’s shipping policy on the date of shipment. All shipments of Products by the Company or Customer will be FOB point of shipment. Insurance coverage, transportation costs and all other expenses applicable to shipment from the Company to Customer’s identified delivery place will be the responsibility of the Customer. Customer must notify the Company, by calling the Company within three (3) days after delivery, of any claimed shortages or rejections and the Company must receive a notice in writing from Customer via mail or facsimile within five (5) days of the claim. Failure to give such notice of a claim will be deemed an acceptance in full of any such delivery. Approval of any short shipment claim is in the Company’s sole power and discretion. In the event that the Company grants a short shipment claim, the Company will replace the lost or damaged Product or issue a credit memo, in its sole discretion. In the event that the Company does not approve the claim, Customer will pay the total invoice.
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Order and Shipment 
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Related to Order and Shipment

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  • Packing 9.1 The supplier shall provide such packing of the goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. Packing, case size and weights shall take into consideration, where appropriate, the remoteness of the goods’ final destination and the absence of heavy handling facilities at all points in transit.

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  • Forecasts and Purchase Orders On or before the twelfth (12th) day of each month, beginning on January 12, 2022, Indivior shall furnish to Curia a written twelve (12) month rolling forecast of the quantities of Product that Indivior intends to order from Curia during such period ("Rolling Forecast"). The first six (6) months of such Rolling Forecast shall constitute a firm and binding commitment to order quantities of Product specified therein ("Firm Period Forecast"), and the following six (6) months of the Rolling Forecast shall be non-binding, good faith estimates. Each month of the Rolling Forecast shall begin on the twelfth (12th) of the calendar month in which such Rolling Forecast is submitted and end on the eleventh (11th) day of the following calendar month. With exception to the Firm Period Forecast, Curia reserves the right to reject any Rolling Forecast that does not align with the physical Processing capabilities of the Facility(ies) and the parties shall work in good faith to adjust the Rolling Forecast based on available resources, Facility capacity and other relevant factors. Indivior shall have the right to request an increase of the Firm Period Forecast to include additional units of Product. Curia may, in its sole discretion, supply such additional quantities, subject to Curia's other supply commitments and manufacturing capacity. In the event Curia agrees to supply such additional quantities, Indivior shall submit a Purchase Order for such additional quantities, with the required lead times as specified below. In no event shall Curia's inability to fulfill Purchase Orders for quantities in excess of the Firm Period Forecast be deemed a breach of this Agreement, nor relieve Indivior of its obligations under this Agreement. Indivior shall submit with each Rolling Forecast, a non-cancelable Purchase Order for the Firm Period Forecast (or such portion of the Firm Period Forecast not covered by previously submitted Purchase Orders). Indivior may alternatively submit Purchase Orders for certain portions of the Firm Period Forecast subsequent to the submission of the Rolling Forecast, provided the Purchase Orders provide the required lead time for Processing as set forth below. Curia shall notify Indivior of acceptance of the Rolling Forecast and any Purchase Order within seven (7) business days of receipt. Curia shall be deemed to have accepted Purchase Orders which it does not acknowledge within seven (7) business days of receipt. Curia shall have the right to reject Rolling Forecasts and Purchase Orders that are inconsistent with this Agreement. Each Purchase Order shall specify the quantity of Product being ordered, and the desired delivery date. Upon mutual agreement in writing for additional quantities of Product beyond the Firm Period Forecast, including projected delivery date(s), Indivior shall issue the applicable Purchase Order to be accepted by Curia as described above. Once placed, all Purchase Orders for Product shall be non-cancelable. No different or additional terms or conditions set forth in any Purchase Order shall modify in any way the terms and conditions of this Agreement, and in the event of a conflict between terms in any Purchase Order and this Agreement, the terms of this Agreement shall control. All Purchase Orders submitted in accordance with the terms of this Agreement shall be effective and binding on the parties upon acceptance by Curia. Except as otherwise provided herein, neither party shall have the right or power to refuse, reduce, or otherwise modify their obligations under any Purchase Order; however, Purchase Orders may be amended (i) upon written mutual agreement regarding such modification that is signed by both parties; or (ii) as otherwise provided in this Section 4.3 or Section 4.4.

  • Purchase Order A Customer may use purchase orders to buy commodities or contractual services pursuant to the Contract and, if applicable, the Contractor must provide commodities or contractual services pursuant to purchase orders. Purchase orders issued pursuant to the Contract must be received by the Contractor no later than the close of business on the last day of the Contract’s term. The Contractor is required to accept timely purchase orders specifying delivery schedules that extend beyond the Contract term even when such extended delivery will occur after expiration of the Contract. Purchase orders shall be valid through their specified term and performance by the Contractor, and all terms and conditions of the Contract shall survive the termination or expiration of the Contract and apply to the Contractor’s performance. The duration of purchase orders for recurring deliverables shall not exceed the expiration of the Contract by more than twelve months. Any purchase order terms and conditions conflicting with these Special Contract Conditions shall not become a part of the Contract.

  • Technical Specifications The Technical Specifications furnished on the CD are intended to establish the standards for quality, performance and technical requirements for all labor, workmanship, material, methods and equipment necessary to complete the Work. When specifications and drawings are provided or referenced by the County, these are to be considered part of the Scope of Work, and to be specifically documented in the Detailed Scope of Work. For convenience, the County supplied specifications, if any, and the Technical Specifications furnished on the CD.

  • Packaging and Labeling Seller shall properly xxxx, xxxx, and ship Goods and provide Buyer with shipment documentation showing the Order number, Seller’s identification number for the subject Goods, the quantity of goods in shipment and the number of cartons or containers in the shipment.

  • Shipments The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties.

  • Purchase Orders Unless otherwise authorized in writing by the Commissioner, no Product is to be delivered or furnished by Contractor until transmittal of an official Purchase Order from the Authorized User. Unless terminated or cancelled pursuant to the authority vested in the Commissioner, Purchase Orders shall be effective and binding upon the Contractor when placed in the mail or electronically transmitted prior to the termination of the contract period, addressed to the Contractor at the address for receipt of orders set forth in the Contract or in the Contract Award Notification. All Purchase Orders issued pursuant to Contracts let by the Commissioner must bear the appropriate Contract number and, if necessary, required State approvals. As deemed necessary, the Authorized User may confirm pricing and other Product information with the Contractor prior to placement of the Purchase Order. The State reserves the right to require any other information from the Contractor which the State deems necessary in order to complete any Purchase Order placed under the Contract. Unless otherwise specified, all Purchase Orders against Centralized Contracts will be placed by Authorized Users directly with the Contractor and any discrepancy between the terms stated on the vendor’s order form, confirmation or acknowledgment, and the Contract terms shall be resolved in favor of the terms most favorable to the Authorized User. Should an Authorized User add written terms and conditions to the Purchase Order that conflict with the terms and conditions of the Contract, the Contractor has the option of rejecting the Purchase Order within five business days of its receipt but shall first attempt to negotiate the additional written terms and conditions in good faith with the Authorized User, or fulfill the Purchase Order. Notwithstanding the above, the Authorized User reserves the right to dispute any discrepancies arising from the presentation of additional terms and conditions with the Contractor. If, with respect to an Agency Specific Contract let by the OGS Commissioner, a Purchase Order is not received by the Contractor within two weeks after the issuance of a Contract Award Notification, it is the responsibility of the Contractor to request in writing that the appropriate Authorized User forward a Purchase Order. If, thereafter, a Purchase Order is not received within a reasonable period of time, the Contractor shall promptly notify in writing the appropriate purchasing officer in OGS. Failure to timely notify such officer may, in the discretion of the OGS Commissioner and without cost to the State, result in the cancellation of such requirement by the OGS Commissioner with a corresponding reduction in the Contract quantity and price.

  • Quality Specifications SANMINA-SCI shall comply with the quality specifications set forth in its Quality Manual, incorporated by reference herein, a copy of which is available from SANMINA-SCI upon request.

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