Shipment. Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.
Shipment. For purposes of this Agreement, shipment shall mean the Equipment is ready to be delivered to Purchaser’s Ship To site. When the Equipment is ready to be shipped and Seller has obtained all necessary approvals to commence installation, Seller shall so advise the Purchaser. If Purchaser delays shipment beyond 15 days, the Final Payment shall be made as required by Section 3 as though shipment had occurred. Seller may store the Equipment at Purchaser’s Ship To location at Purchaser’s risk and expense. Seller’s obligations hereunder are subject to delays incident to labor difficulties, fires, casualties and accidents; acts of the elements; acts of the public enemy; transportation difficulties; governmental interference or regulations; inability to obtain equipment, materials or qualified labor sufficient to fill its orders in a timely manner; and other causes beyond its control. Although Seller shall use its best efforts to ship Equipment in the Order of receipt of Initial Deposits, Purchaser has no right to have components or work-in-progress identified with this Agreement and Seller has the right to deliver Equipment units to customers in any order it deems reasonable. The packaging of the main Equipment remains Seller’s property, and if requested, should be returned to Seller forthwith after the installation of the Equipment, according to the labels attached to the concerned packaging and to the return procedures. Seller will arrange for removal of all construction debris from Purchaser’s property and all reasonable efforts will be made to recycle such materials.
Shipment. Shipping terms are Ex Works-Seller’s Facility (INCOTERMS 2010 EXW) unless otherwise specified. Risk of loss and title for Products shall transfer when Products are made available for Buyer to collect. In the absence of specific instructions, Seller will select the carrier. Products held for Buyer, or stored for Buyer, shall be at the sole risk and expense of Buyer.
Shipment. Except as otherwise agreed in writing by Seller in an order acknowledgement, all sales are Ex Works (EXW Incoterms® 2010) Seller’s factory. Upon Seller’s notice that any shipment is ready, Buyer shall supply necessary shipping instructions. If Buyer fails to do so, Buyer shall pay all of Seller’s subsequent storage, handling and other expenses. Buyer shall owe Seller the full price of the Products, irrespective of loss or damage in transit. Unless circumstances clearly indicate otherwise or Seller, in its sole discretion, chooses to ship the Products in a single lot, the Products may be shipped in separate lots. Seller shall follow the packing requirements customarily used by Seller for the shipping method selected for the Products. Seller will use commercially reasonable efforts to comply with any special packaging requested by Buyer, at Buyer's additional expense.
Shipment. If any of the Major Components associated with any Unit is not Shipped on or before (with the prior approval of the Buyer) the Scheduled Major Component Shipment Date set forth in Attachment 1 for reasons attributable to the Seller and not excused elsewhere in this Contract, the Seller shall pay as liquidated damages, and not as a penalty, a sum calculated in accordance with the table below for each Unit for each day of delay after the Scheduled Major Component Shipment Date as set forth in Attachment 1 until actual Shipment of the last Major Component for such Unit: Days after Scheduled Major Component Shipment Date Liquidated Damages (per day or partial day) *** *** *** *** *** *** Such liquidated damages, if any, shall be computed based on the date of Shipment of the last Major Component for a given Unit and such computations shall disregard any part of or accessory to the Major Component which may be shipped separately and arrive later unless such part of or accessory to the Major Component is necessary for the installation of the Major Component.
Shipment. Buyer shall procure transportation for all Raw Product from the Originating Facility to the applicable destination.
Shipment. Intel shall provide shipping instructions to Micron, shall bear all shipping costs, and shall directly pay all shipping carriers. All Probed Wafers shall be prepared for shipment in a manner that: (a) follows good commercial practice; (b) is acceptable to common carriers for shipment at the lowest rate; and (c) is adequate to ensure safe arrival. If and to the extent directed by Intel, Micron will xxxx all containers with necessary lifting, handling, and shipping information, Purchase Order number, date of shipment, and the names of Intel and applicable customer. At Intel’s request, Micron will provide drop-shipment of Probed Wafers to Intel’s customers. Shipment may be provided by a subcontractor to Micron.
Shipment. Unless expressly agreed to by the Parties in writing, Seller shall select the method of shipment of, and the carrier for, the Goods. Seller may, in its sole discretion, without liability or penalty, make partial shipments of Goods to Buyer. Each shipment will constitute a separate sale, and Buyer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of an Order.
Shipment. Upon receipt of a Sales Order pursuant to a blanket purchase order under this Agreement, Avail agrees to timely drop ship all the Products so ordered to the site(s) designated in the Sales Order, in the manner indicated in the Sales Order or (if not so indicated) in such other manner as may be customary between the Parties. For shipments within the USA, the term "Same-Day Deadline" shall mean three o'clock p.m., Pacific Standard Time, or such other reasonable deadline time as may be agreed in writing between the Parties. All Products for which a Sales Order is entered into the networked system and received by Avail prior to the Same-Day Deadline on any given business day shall be shipped that same day by Avail, in the manner required. If, on the other hand, a Sales Order is not entered into the networked system until after the Same-Day Deadline on any given business day, Avail shall not be required to ship the corresponding Products until the next business day. Avail shall not confirm shipment of any Products until shipment has actually occurred. Terms of shipment for KCII shipments will be agreed to by both parties prior to initiating shipments from the European fulfillment center. Each shipment confirmation shall contain or refer to such information as may be required and as may be appropriate for such confirmation to meet the needs of the KCI Affiliates. A KCI Affiliate shall be responsible for freight expenses for Products sent out-bound from Avail to KCI customers pursuant to a Sales Order. In the event the terms of a purchase order or sales order are not in accordance with any provisions of this Agreement and Avail has not so notified the respective KCI Affiliate of the nonconformance by the Same-Day Deadline on the next business day following Avail's receipt of such an order, then the terms of such order shall be deemed accepted by Avail. Avail shall do all things reasonably required to facilitate processing of purchase orders, shipments, invoices and confirmations in such manner as may be requested by the KCI Affiliate which submits a Sales Order. KCI has the responsibility to pay any local taxes, including VAT in Europe, on the Products it purchases from Avail when such taxes relate to the transfer of title for the Products.
Shipment. Grass Valley will ship an Exchange Component to Customer within the applicable time specified in the Table set forth in Section 5 for all Critical Failures (as defined below) and within a commercially reasonable time for all other failures provided an Exchange Component is needed to solve the reported problem. Grass Valley shall pay shipping charges for the Exchange Component to Customer. Customer shall pay all applicable taxes and duties for shipments originating outside of Customer’s country of location as set forth in the Proposal/Contract. Grass Valley shall bear the risk of loss or damage while the Exchange Component is in transit to Customer from the service center. Customer shall pay shipping of the defective component to Grass Valley, Customer shall bear the risk of loss or damage while the defective component is in transit from Customer to Grass Valley. “Critical Failure” means a failure in the covered Product where the failure causes complete loss of service or unacceptable degradation of service for which there is no workaround or redundancy.
