Quantities and Delivery Sample Clauses

Quantities and Delivery. Delivery of Products/Services and any related output or reports shall be in accordance with Schedule A and the terms set forth in Buyer’s Orders and instructions unless otherwise agreed to by Buyer. All shipments are F.O.B. Destination and shall be made with Buyer designated carriers, and shall include all necessary documentation including, but not limited to, any documentation specified on Schedule A. Title and Risk of Loss to and with respect to the Products will pass from Seller to Buyer upon satisfactory delivery at Destination. Seller and Buyer acknowledge and agree that time shall be of the essence of this Agreement.
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Quantities and Delivery. 4.1 The Supplier shall supply the Supplies in the quantity and according to the specification described in each Order.
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Quantities and Delivery. (a) Time, performance and deliveries are the essence of Buyer's Purchase Order. Performance and deliveries must be made at the times, manner and quantities specified in the Purchase Order or in Buyer's Release(s) thereunder. Seller expressly acknowledges that the parties operate in a flexible manufacturing environment and Buyer’s Releases may and likely will vary from week to week and that a newly issued Release may and likely will vary the delivery schedule set out in an immediately preceding Release, and Seller shall use its best efforts to comply with the continuously varying delivery schedule. If deliveries are made in advance of the delivery date or in excess of the quantities ordered, Buyer shall have the right to store or return the Goods or Tools at Seller's risk and expense. If late deliveries are made or insufficient quantities supplied, or if Seller otherwise fails to perform as required under Buyer's Purchase Order, Buyer may, in addition to its other remedies, cancel such Purchase Order (in whole or in part), reject any Goods and/or Tools delivered and/or Services supplied, and claim from Seller all losses and damages occasioned thereby. Unless authorized in writing by Buyer, Seller shall not make any commitments for raw materials or other inventory or manufacture any Goods or Tools in advance of the time necessary to comply with the specified delivery dates. Buyer may on short notice to Seller change the rate of scheduled shipments or temporarily suspend scheduled shipments, neither of which shall entitle Seller to change the price of the Goods, Tools or the Services. Any representation made by Seller to Buyer regarding its production capacity shall be considered a warranty that Seller can supply such stated quantity of the Goods, Tools or the Services without any overtime or other additional charges. Seller expressly acknowledges and agrees that any failure of Seller to deliver the Goods or Tools on the delivery dates specified in the Purchase Order or in Buyer’s Release(s) thereunder will cause irreparable harm to Buyer and that Buyer shall be entitled to equitable relief, including injunction, in such event.
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Quantities and Delivery. (a) Purchaser shall provide to Supplier a rolling forecast of projected quantity requirements by Product for the next sixty (60) days. Such forecasts shall be updated monthly or more frequently (in whole or in part) to reflect significant changes. Supplier shall plan production and notify Purchaser of the "order lead-time" it requires for timely delivery of each Product. Supplier agrees to maintain in its inventory at all times at least a two week supply of standard high volume Product.
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Quantities and Delivery. Delivery of Products/Services and any related output or reports shall be in accordance with Attachment I and the terms set forth in Buyer’s Orders unless otherwise agreed to by Buyer. All shipments are [ if domestic, specify F.O.B. Destination, etc. or if international, specify CIP Destination (with exception to carriage), or specify DDP Destination] and shall be made with Buyer designated carriers, and shall include all necessary documentation including, but not limited to, any documentation specified on Attachment I. “Destination” as used herein shall mean Buyer’s landing dock unless otherwise specified by Buyer in writing. Title and Risk of Loss to and with respect to the Products will pass from Seller to Buyer upon satisfactory delivery at Destination. All Orders shall be in the English language and shall include the following information: (a) quantity of each Product; (b) designated delivery location and manner of shipment; (c) delivery date [(which shall not be less than ______ (__) days from the date of such Order]; (d) purchase price of the Products ordered; and (e) any other special information required by this Agreement or dictated by the circumstances of such Order. [Seller and Buyer acknowledge and agree that time shall be of the essence of this Agreement.] In the event Seller fails to meet its delivery obligations hereunder, and in addition to any and all remedies that may be available to it, Buyer specifically reserves the right to charge and collect from Seller late and/or missed delivery fines, including but not limited to the amount of such fines levied against Buyer by its customers as a result of any such failure. Seller understands that, in order for Buyer to meet its time sensitive commitments to its customers, it is essential that Seller deliver Products/Services of the quality and quantity required by Buyer within the time specified by Buyer on its Orders. Seller further acknowledges and agrees that, in addition to any other rights it may have hereunder or at law or in equity, Seller shall be fully responsible for and shall promptly reimburse Buyer for any fines, penalties, etc. incurred by Buyer and attributable in Buyer’s discretion, to such failure. [Buyer shall provide to Seller non-binding [quarterly] forecasts of the quantities of Products Buyer anticipates purchasing during the applicable quarter. Seller will use Buyer’s forecasts as a basis to plan and procure material, supplies, and capital equipment that is necessary to ens...
Sample 1
Quantities and Delivery. Delivery of Products/Services and any related output or reports shall be in accordance with Attachment I and the terms set forth in Buyer’s Orders unless otherwise agreed to by Buyer. All shipments are [ if
Sample 1

Related to Quantities and Delivery

  • Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.

  • Orders and Delivery 7.1 The Post Office will from time to time, please written orders by way of the Purchase Orders with the Service Provider in respect of Goods.

  • Notice and Delivery Any notice mailed to you will be deemed delivered and received by you, five days after the postmark date. This fifth day following the postmark is the receipt date. Notices will be mailed to the last address we have in our records. You are responsible for ensuring that we have your proper mailing address. Upon your consent, we may provide you with notice in a delivery format other than by mail. Such formats may include various electronic deliveries. Any notice, including terminations, change in personal information, or contributions mailed to us will be deemed delivered when actually received by us based on our ordinary business practices. All notices must be in writing unless our policies and procedures provide for oral notices.

  • Sale and Delivery Each Shareholder agrees to sell and deliver to Purchaser, and Purchaser agrees to purchase and accept from each Shareholder, free and clear of all Liens, on the terms and conditions set forth in this Agreement, and for the purchase price described in Section 2.2 below, good and marketable title to the number of Shares set forth opposite the name of such Shareholder on Exhibit "A". The Shares to be sold and purchased pursuant to this Agreement constitute all of the outstanding capital stock of the Company.

  • Payment and Delivery Payment for the Option Shares shall be made on the Option Closing Date by wire transfer in Federal (same day) funds, payable to the order of the Company upon delivery to you of certificates (in form and substance satisfactory to the Underwriters) representing the Option Shares (or through the facilities of DTC) for the account of the Underwriters. The Option Shares shall be registered in such name or names and in such authorized denominations as the Representative may request in writing at least two (2) full Business Days prior to the Option Closing Date. The Company shall not be obligated to sell or deliver the Option Shares except upon tender of payment by the Representative for applicable Option Shares.

  • Shipping and Delivery a. The prices are the delivered price to any Purchasing Entity. All deliveries shall be F.O.B. destination, freight pre-paid, with all transportation and handling charges paid by the Contractor. Responsibility and liability for loss or damage shall remain the Contractor’s until final inspection and acceptance when responsibility shall pass to the Purchasing Entity except as to latent defects, fraud and Contractor’s warranty obligations. The minimum shipment amount, if any, will be found in the special terms and conditions. Any order for less than the specified amount is to be shipped with the freight prepaid and added as a separate item on the invoice. Any portion of an Order to be shipped without transportation charges that is back ordered shall be shipped without charge.

  • Notices and Delivery Unless otherwise specifically provided herein, any consent, notice or other communication herein required or permitted to be given shall be in writing and may be personally served, telecopied or sent by courier service or United States mail and shall be deemed to have been given when delivered in person or by courier service, upon receipt of a telecopy or if deposited in the United States mail (registered or certified, with postage prepaid and properly addressed) upon receipt or refusal to accept delivery. Notices to Agent, Swingline Lender or Issuing Lender pursuant to Article II shall not be effective until received by Agent, Swingline Lender or Issuing Lender, as applicable. For the purposes hereof, the addresses of the parties hereto (until notice of a change thereof is delivered as provided in this Section 12.07) shall be as set forth below each party's name on the signature pages hereof, or, as to each party, at such other address as may be designated by such party in a written notice to all of the other parties. All deliveries to be made to Agent for distribution to the Lenders shall be made to Agent at the addresses specified for notice on the signature page hereto and, in addition, a sufficient number of copies of each such delivery shall be delivered to Agent for delivery to each Lender at the address specified for deliveries on the signature page hereto or such other address as may be designated by Agent or Lenders in a written notice.

  • Purchase and Delivery Payment for the Firm Offered Securities shall be made to the Company in Federal or other funds immediately available in New York City at the closing time and place set forth in Schedule I hereto, or at such other time on the same or such other date, not later than the fifth business day thereafter, as may be designated by you in writing. The time and date of such payment are hereinafter referred to as the “Closing Date.” Payment for any Additional Offered Securities shall be made to the Company in Federal or other funds immediately available in New York City at the closing place referred to above on such date of your determination (which may be the same as the Closing Date but shall in no event be earlier than the Closing Date nor later than ten business days after the giving of the notice hereinafter referred to) as shall be designated in a written notice from you to the Company, on behalf of the Underwriters, to purchase a number, specified in said notice, of Additional Offered Securities, or on such other date as shall be designated in writing by you. In any event, such payment date shall be not later than __________, 20__. The time and date of such payment are hereinafter referred to as the “Option Closing Date.” The notice of the determination to exercise the option to purchase Additional Offered Securities and of the Option Closing Date may be given at any time within 30 days after the date of this Agreement. Payment for the Firm Offered Securities or any Additional Offered Securities shall be made against delivery to you on the Closing Date or the Option Closing Date, as the case may be, for the respective accounts of the several Underwriters, of the Firm Offered Securities or any Additional Capital Securities, as the case may be, registered in such names and in such denominations as you shall request in writing not later than one full business day prior to the Closing Date or the Option Closing Date, as the case may be, with any transfer taxes payable in connection with the transfer of the Firm Offered Securities or any Additional Offered Securities, as the case may be, to the Underwriters duly paid.

  • Purchase, Sale and Delivery On the basis of the representations, warranties, agreements and covenants herein contained and subject to the terms and conditions herein set forth, the Company agrees to issue and sell to the Initial Purchaser, and the Initial Purchaser agrees to purchase from the Company, the Notes at a purchase price of 97.750% of the aggregate principal amount thereof. Delivery to the Initial Purchaser of and payment for the Notes shall be made at a closing (the “Closing”) to be held at 10:00 a.m., New York time, on June 7, 2011 (the “Closing Date”) at the New York offices of Xxxxx Day, 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as shall be reasonably acceptable to the Initial Purchaser); provided, however, that if the Closing has not taken place on the Closing Date because of a failure to satisfy one or more of the conditions specified in Section 7 hereof and this Agreement has not otherwise been terminated by the Initial Purchaser in accordance with its terms, “Closing Date” shall mean 10:00 a.m. New York time on the first business day following the satisfaction (or waiver) of all such conditions after notification by the Company to the Initial Purchaser of the satisfaction (or waiver) of such conditions. The Company shall deliver to the Initial Purchaser one or more certificates representing the Notes in definitive form, registered in such names and denominations as the Initial Purchaser may request, against payment by the Initial Purchaser of the purchase price therefor by immediately available federal funds bank wire transfer to such bank account or accounts as the Company shall designate to the Initial Purchaser at least two business days prior to the Closing. The certificates representing the Notes in definitive form shall be made available to the Initial Purchaser for inspection at the New York offices of Xxxxx Day, 000 Xxxx 00xx Xxxxxx, Xxx Xxxx, Xxx Xxxx 00000 (or such other place as shall be reasonably acceptable to the Initial Purchaser) not later than 10:00 a.m. New York time one business day immediately preceding the Closing Date. Notes to be represented by one or more definitive global securities in book-entry form will be deposited on the Closing Date, by or on behalf of the Company, with The Depository Trust Company (“DTC”) or its designated custodian, and registered in the name of Cede & Co.

  • Telecopy Execution and Delivery A facsimile, telecopy or other reproduction of this Agreement may be executed by one or more parties hereto and delivered by such party by facsimile or any similar electronic transmission device pursuant to which the signature of or on behalf of such party can be seen. Such execution and delivery shall be considered valid, binding and effective for all purposes. At the request of any party hereto, all parties hereto agree to execute and deliver an original of this Agreement as well as any facsimile, telecopy or other reproduction hereof.

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