Shipping and Delivery. Scheduled shipping dates will be assigned by Electro as close as practicable to Customer’s requested date based on Electro’s then-current production or lead times for the Product. Electro will communicate scheduled shipping dates in Electro’s Quotation or in Electro’s order acknowledgement or other form of communication, if the Customer has requested a different shipping date. Unless given written instruction by Customer, Electro shall select the shipping carrier for the Product’s delivery. All Product deliveries to the Customer and End Users, if any, will be made “EXW” Electro’s Facility (“EXW” also known as “EX Works”, named place of delivery)1 or FAS Electro’s place of origin (“FAS” also known as Free Alongside ship”, named port of shipment)2 (EXW and FAS, each a “Shipping Option”), as defined in Incoterms 2010. Subject to Electro’s right of stoppage in transit, delivery of the Product to the shipping carrier shall constitute delivery to the Customer, and title and risk of loss shall thereupon pass to the Customer. Selection of the shipping carrier and delivery route shall be made by Electro unless specified by Customer. Customer acknowledges that delivery dates provided by Electro are estimates only and Electro shall not be liable for delays in delivery or for failure to perform for any reason, including but not limited to those causes beyond Electro’s control. The shipping carrier is not Electro’s agent, nor shall the shipping carrier be deemed to be Electro’s agent. Delivery of a quantity of Product, which varies from the quantity specified, shall not relieve Customer of the obligation to accept delivery and pay for the Product delivered. Delay in delivery of any Product installment, in any amount or number, shall not entitle the Customer to cancel any other Product installments. The Customer’s requested Shipping Option shall be indicated on the Purchase Order. The Customer shall pay the shipping and handling charges for the shipping and delivery of the Product, in addition to the purchase price for the Product, which will be 1 EXW- EXWorks- the sellers only responsibility it to make the goods available at the seller’s premises. The buyer bears full cost and risks of moving the goods from there to the destination.
Appears in 2 contracts
Samples: Terms of Sale, Terms of Sale
Shipping and Delivery. Scheduled shipping dates will be assigned by Electro as close as practicable to Customer’s requested date based on Electro’s then-current production or lead times for the Product. Electro will communicate scheduled shipping dates in Electro’s Quotation or in Electro’s order acknowledgement or other form of communication, if the Customer has requested a different shipping date. Unless given written instruction by Customer, Electro shall select the shipping carrier for the Product’s delivery. All Product deliveries to the Customer and End Users, if any, will be made “EXW” Electro’s Facility (“EXW” also known as “EX Works”, named place of delivery)1 or FAS Electro’s place of origin (“FAS” also known as Free Alongside ship”, named port of shipment)2 (EXW and FAS, each a “Shipping Option”), as defined in Incoterms 2010. Subject to Electro’s right of stoppage in transit, delivery of the Product to the shipping carrier shall constitute delivery to the Customer, and title and risk of loss shall thereupon pass to the Customer. Selection of the shipping carrier and delivery route shall be made by Electro unless specified by Customer. Customer acknowledges that delivery dates provided by Electro Mermet are estimates only and Electro are not guaranteed. Partial shipments are permitted, and any portion of an order omitted from an original shipment will be shipped and invoiced at the same price and on the same terms as the original shipment. Mermet shall not be liable for delays in production or delivery or for failure due to perform for any reasoncauses beyond its control, including but not limited to those acts of God, acts of Buyer, acts of civil or military authorities, fires, strikes, floods, epidemics, quarantines, war, supply shortages, delays in transportation and inability due to causes beyond ElectroMermet’s controlcontrol to obtain necessary labor, materials, or manufacturing facilities. The Unless otherwise authorized by Mermet in writing; (i) international shipments will ship FOB Cowpens, South Carolina. Xxxxx is responsible to arrange booking with preferred freight forwarder. (ii) All domestic shipments will ship prepay and add using Mermet’s preferred freight carrier. If buyer chooses to use their own carrier, buyer is responsible to contact trucking company and arrange pickup of freight, within Mermet receiving hours, weekdays 8am-2pm. Mermet will use its discretion in packing, shipping carrier is not Electro’s agentand routing unless Buyer gives specific instructions with its order. In the event of shortage or damage incurred en route, nor shall the shipping carrier be deemed to be Electro’s agent. Delivery of Mermet will file a quantity of Product, which varies from the quantity specified, shall not relieve Customer claim on behalf of the obligation Buyer to accept the delivering transportation agency. If Buyer chooses to use their own freight carrier, Buyer is responsible to make its complaint to freight company. Mermet’s responsibility for delivery ends when Xxxxx signs xxxxxxx’x xxxx of lading. Regardless of delivery terms, form or language of shipping documents, mode of shipment or who pays for transportation or insurance, title to all goods delivered shall at all times remain with Mermet until the full price of all goods subject to the order has been paid by Buyer. Also, regardless of all the above and pay for the Product delivered. Delay in delivery of any Product installment, in any amount or number, shall not entitle the Customer to cancel any other Product installments. The Customer’s requested Shipping Option shall be indicated on the Purchase Order. The Customer shall pay the shipping and handling charges for the shipping and delivery of the Productterms and payment and time or manner of passage of title, in addition all risk of loss or damage to the purchase price for the Product, which will be 1 EXW- EXWorks- the sellers only responsibility it to make the goods available at the seller’s premises. The buyer bears full cost and risks of moving the goods from there passes to the destinationBuyer upon delivery to the carrier. Buyer is responsible for all applicable use, sales excise, duties or other taxes.
Appears in 2 contracts
Samples: Terms and Conditions of Sale, Terms and Conditions of Sale
Shipping and Delivery. Scheduled shipping dates will Quantities shipped must equal the quantity ordered unless otherwise specified by Buyer. Each shipment of Goods by Seller to Buyer shall include a packing list which contains at minimum: (i) the purchase order number; (ii) Buyer's unique part number; (iii) the quantity; and (iv) the date of shipment. Delivery shall be assigned by Electro as close as practicable strictly in accordance with the delivery schedule set out or referred to Customer’s requested date based on Electro’s then-current production or lead times for the Product. Electro will communicate scheduled shipping dates in Electro’s Quotation this Order, or in Electrowritten changes thereto signed by Xxxxx. Buyer may refuse to accept or return at Seller's risk and expense, any Goods made in excess of Buyer's order, or in advance of required delivery dates, or to defer payment on such deliveries until such dates. Seller shall notify Buyer immediately of any actual or potential delays, including labor disputes and supply chain interruptions that will delay, or threaten to delay, the timely performance of this Order. Delivery, for this purpose, shall mean date of receipt at Buyer’s specified location. K29 Over/Under Shipments: No Over/Under shipments are allowed on this order withoutprior written authorization from KEMCO / Mastercraft buyer K44: EXPEDITE FREIGHT: This order is considered highest priority. Agreed to EXPEDITE FREIGHT CHARGES APPLY K54 DELAYS - If Supplier finds it is unable to keep to the agreed delivery period, or if a delay appears Supplier shall so notify KEMCO / Mastercraft Representative in writing or by telefax, or e-mail, indicating the date when Supplier expects to be able to makedelivery. Supplier is required to receive acknowledgement from KEMCO / Mastercraft Representative that KEMCO / Mastercraft Representative have received notification of late deliver. If the KEMCO / Mastercraft Representative has received such information of delay and modifies Purchase order to allow for such delay in writing or other form by telefax, or e- mail, at least seven (7) days before the agreed time of communicationdelivery, if no penalty shall be paid. K55 Delivery: Supplier shall deliver goods or services defined in the Customer has requested a different shipping purchase order by the purchase order line due date. Unless given written instruction by Customer, Electro shall select the shipping carrier for the Product’s delivery. All Product deliveries to the Customer and End Users, if any, will be made “EXW” Electro’s Facility (“EXW” also known as “EX Works”, named place of delivery)1 or FAS Electro’s place of origin (“FAS” also known as Free Alongside ship”, named port of shipment)2 (EXW and FAS, each a “Shipping Option”), as defined in Incoterms 2010. Subject to Electro’s right of stoppage in transit, On time delivery of the Product to the shipping carrier shall constitute delivery to the Customer, and title and risk of loss shall thereupon pass to the Customer. Selection of the shipping carrier and delivery route shall be made by Electro unless specified by Customer. Customer acknowledges that delivery dates provided by Electro are estimates only considered up to one (1) week early and Electro shall not be liable for delays in delivery or for failure to perform for any reason, including but not limited to those causes beyond Electro’s control. The shipping carrier is not Electro’s agent, nor shall the shipping carrier be deemed to be Electro’s agentzero (0) days late. Delivery of a quantity of Productchanges may be required for this order. Seller is required to delay delivery on materials and services by up to 120 days after receiving notification from KEMCO / Mastercraft Buyer in writing, which varies from the quantity specified, shall not relieve Customer of the obligation 10 workings days prior to accept scheduled delivery and pay for the Product delivered. Delay in delivery of any Product installment, in any amount or number, shall not entitle the Customer to cancel any other Product installments. The Customer’s requested Shipping Option shall be indicated on the Purchase Order. The Customer shall pay the shipping and handling charges for the shipping and delivery of the Product, in addition to the purchase price for the Product, which will be 1 EXW- EXWorks- the sellers only responsibility it to make the goods available at the seller’s premises. The buyer bears full cost and risks of moving the goods from there to the destinationdate.
Appears in 1 contract
Samples: Terms of Purchase
Shipping and Delivery. Scheduled Vendor shall ship the Goods in accordance with the shipping dates instructions provided by WE. If no instructions are provided, Vendor shall ship the Goods freight prepaid. Vendor will ship the Goods so that they are delivered to the WE “Ship To” location on the delivery date specified on the face of this Order “Delivery Date”). Deliveries to the WE Ship To location will be assigned by Electro as close as practicable considered on-time if they are made no more than three (3) business days earlier than the Delivery Date. WE may refuse to Customer’s requested accept deliveries at the WE Ship To location earlier than this time or later than the Delivery Date. Each shipment of Goods to WE shall include a packaging list which contains at least (i) the number of this Order, (ii) the quantity, and (iii) the date based on Electro’s then-current production or lead times for of shipment. If Vendor ships more Goods than ordered, WE may return the Productover shipment to Vendor. Electro will communicate scheduled shipping dates Vendor shall notify WE immediately when Vendor has knowledge of any potential delay in Electro’s Quotation or in Electro’s order acknowledgement or other form of communication, if the Customer has requested a different shipping date. Unless given written instruction by Customer, Electro shall select the shipping carrier for the Product’s delivery. All Product deliveries If only a portion of the Goods is available for shipment to meet the Customer and End UsersDelivery Date, if any, will be made “EXW” Electro’s Facility (“EXW” also known Vendor shall ship the available Goods unless directed by WE to reschedule shipment. Time is of the essence as “EX Works”, named place of delivery)1 or FAS Electro’s place of origin (“FAS” also known as Free Alongside ship”, named port of shipment)2 (EXW and FAS, each a “Shipping Option”), as defined in Incoterms 2010. Subject to Electro’s right of stoppage in transit, delivery of the Product Goods and Services under the Order If Vendor is unable to deliver the shipping carrier Goods on-time without premium routing, Vendor will ship the Goods affected by air transportation or other expedited means acceptable to WE and Vendor shall constitute delivery to pay the Customer, difference between the cost of such expedited routing and title and risk of loss shall thereupon pass to the Customerrouting originally requested by WE. Selection of the shipping carrier and delivery route Goods comprising or containing chemicals or substances shall be made shipped in conformance with all laws and regulations applicable to such chemicals or substances. To the maximum extent permitted by Electro unless specified by Customer. Customer acknowledges that delivery dates provided by Electro are estimates only and Electro applicable laws, WE shall not be liable for delays in delivery any loss or for failure damage caused by a release of chemicals or other hazardous materials to perform for any reason, including but not limited the environment prior to those causes beyond ElectroWE’s control. The shipping carrier is not Electro’s agent, nor shall the shipping carrier be deemed to be Electro’s agent. Delivery of a quantity of Product, which varies from the quantity specified, shall not relieve Customer actual receipt of the obligation to accept delivery and pay for the Product delivered. Delay in delivery of any Product installment, in any amount or number, shall not entitle the Customer to cancel any other Product installments. The Customer’s requested Shipping Option shall be indicated on the Purchase Order. The Customer shall pay the shipping and handling charges for the shipping and delivery of the Product, in addition to the purchase price for the Product, which will be 1 EXW- EXWorks- the sellers only responsibility it to make the goods available at the seller’s premises. The buyer bears full cost and risks of moving the goods from there to the destinationcorresponding Goods.
Appears in 1 contract
Samples: www.we-worldwide.com
Shipping and Delivery. Scheduled Suppliers shall ship the Goods in accordance with the shipping dates instructions provided by the Buyer Traffic Department (or as otherwise designated by Buyer). If no instructions are provided, Supplier shall ship the Goods freight collect. If Supplier ships Goods by a method other than as specified, Supplier shall pay any resulting increase in the cost of freight incurred over that which would have been incurred had Supplier complied with Buyer's shipping specifications. Supplier will ship the Goods so that they are delivered at the Buyer dock on the due-at-Buyer-doc date specified on the face of this Order ("Delivery Date"). Deliveries at the Buyer dock will be assigned considered on-time if they are made no more than three (3) business days earlier than the Delivery Date. Xxxxx may refuse to accept deliveries at the Buyer dock earlier than this time or later than the Delivery Date. Each shipment of Goods to Buyer shall include a packing list which contains at least (i) the number of this Order, (ii) the Buyer part number, (iii) the quantity, and (iv) the date of shipment. If Supplier ships more Goods than ordered Xxxxx may return the amount of the over shipment to the Supplier. Supplier shall notify Buyer immediately when Supplier has knowledge of any potential delay in delivery. If only a portion of the Goods is available for shipment to meet the Delivery Date, Supplier shall ship the available Goods unless directed by Electro as close as practicable Xxxxx to Customer’s requested date based on Electro’s thenreschedule shipment. If Supplier is unable to deliver the Goods on-current production or lead times for time without premium routing, Supplier will ship the Product. Electro will communicate scheduled shipping dates in Electro’s Quotation or in Electro’s order acknowledgement Goods affected by air transportation or other form expedited means acceptable to Buyer and Supplier shall pay the difference between the cost of communication, if such expedited routing and the Customer has routing originally requested a different shipping dateby Buyer. Unless given written instruction by Customer, Electro shall select the shipping carrier for the Product’s delivery. All Product deliveries to the Customer and End Users, if any, will be made “EXW” Electro’s Facility (“EXW” also known as “EX Works”, named place of delivery)1 Goods comprising or FAS Electro’s place of origin (“FAS” also known as Free Alongside ship”, named port of shipment)2 (EXW and FAS, each a “Shipping Option”), as defined in Incoterms 2010. Subject to Electro’s right of stoppage in transit, delivery of the Product to the shipping carrier shall constitute delivery to the Customer, and title and risk of loss shall thereupon pass to the Customer. Selection of the shipping carrier and delivery route containing chemicals shall be made by Electro unless specified by Customershipped in conformance with Government or freight regulations applicable to such chemicals. Customer acknowledges that delivery dates provided by Electro are estimates only and Electro Buyer shall not be liable for delays in delivery any loss or for failure damage caused by a release of chemicals or other hazardous materials to perform for any reason, including but not limited the environment prior to those causes beyond Electro’s control. The shipping carrier is not Electro’s agent, nor shall the shipping carrier be deemed to be Electro’s agent. Delivery of a quantity of Product, which varies from the quantity specified, shall not relieve Customer Buyer's actual receipt of the obligation to accept delivery and pay for the Product delivered. Delay in delivery of any Product installment, in any amount or number, shall not entitle the Customer to cancel any other Product installments. The Customer’s requested Shipping Option shall be indicated on the Purchase Order. The Customer shall pay the shipping and handling charges for the shipping and delivery of the Product, in addition to the purchase price for the Product, which will be 1 EXW- EXWorks- the sellers only responsibility it to make the goods available at the seller’s premises. The buyer bears full cost and risks of moving the goods from there to the destinationcorresponding Goods.
Appears in 1 contract
Samples: download.tek.com
Shipping and Delivery. Scheduled shipping dates will Time is of the essence. Performance by delivery or otherwise of Items must be assigned by Electro as close as practicable to Customer’s requested date based made on Electro’s then-current production or lead times for the Product. Electro will communicate scheduled shipping dates in Electro’s Quotation or in Electro’s order acknowledgement delivery or other form of communication, if performance date specified in the Customer has requested a different shipping daterelated purchase order. Unless given written instruction by Customer, Electro shall select the shipping carrier for the Product’s delivery. All Product deliveries to the Customer and End Users, if any, will be made “EXW” Electro’s Facility (“EXW” also known as “EX Works”, named place of delivery)1 No partial delivery or FAS Electro’s place of origin (“FAS” also known as Free Alongside ship”, named port of shipment)2 (EXW and FAS, each a “Shipping Option”), as defined in Incoterms 2010. Subject to Electro’s right of stoppage in transit, delivery of the Product to the shipping carrier shall constitute delivery to the Customer, and title and risk of loss shall thereupon pass to the Customer. Selection of the shipping carrier and delivery route added quantities shall be made by Electro unless Comet has given prior written consent. Applicable shipping terms shall be as set forth on the purchase order that is related to this Agreement. All prices for Items shown in this Agreement shall be deemed to include any fees or costs related to handling, packaging, crating, export or other related delivery expenses unless otherwise set forth in this Agreement. If the related purchase order indicates Comet will be responsible to pay for the delivery of Items, then Supplier will use the carrier and service level (e.g., ground, air, second-day, next-day) specified by Customer. Customer acknowledges that delivery dates provided by Electro are estimates only Comet, and Electro adhere to those instructions Comet in advance in writing, and Comet shall not be liable responsible for delays in (i) delivery costs and expenses incurred as a result of Supplier's use of an unauthorized carrier or for of a service level that exceeds the service level specified by Comet; (ii) any additional delivery costs and expenses incurred because of Supplier's use of expedited delivery methods or failure to perform comply with Comet's shipping instructions; or (iii) any delivery costs and expenses incurred in connection with the transportation of Items between Supplier and a sub-tier supplier or any other supplier, transportation of Items between Supplier and a sub-tier supplier or any other supplier. Comet may recover and offset or adjust payment for any reasonthose delivery costs and expenses that Comet incurs, including but not limited to those causes beyond Electro’s control. The shipping carrier and for which Comet is not Electroresponsible under this Section. Supplier shall cause Comet’s agentpurchase order number for the Items (the “PO Number”) to appear conspicuously on each package, nor shall box or other type of container for Items. In the shipping carrier be deemed to be Electroevent such PO Number does not appear conspicuously on each such package, box or other type of container, Comet at its option may return at Supplier’s agentexpense the Items delivered in each such improperly marked or unmarked package, box or other type of container. Delivery ALL SHIPMENTS MUST CONTAIN PACKING LISTS SHOWING: PO NUMBER; DESCRIPTION OF ITEMS; QUANTITY; AND PART NUMBER. Comet’s determination of a the quantity of Product, which varies from the quantity specified, shall not relieve Customer of the obligation to accept delivery and pay for the Product delivered. Delay in delivery of any Product installment, in any amount or number, shall not entitle the Customer to cancel any other Product installments. The Customer’s requested Shipping Option Items shipped without a packing list shall be indicated on the Purchase Order. The Customer shall pay the shipping and handling charges for the shipping and delivery of the Product, in addition to the purchase price for the Product, which will be 1 EXW- EXWorks- the sellers only responsibility it to make the goods available at the seller’s premises. The buyer bears full cost and risks of moving the goods from there to the destinationfinal.
Appears in 1 contract
Samples: www.comet-pct.com
Shipping and Delivery. Scheduled The party responsible for paying the shipping dates charges per the Agreement is entitled to select the method of shipment for the Products. If Buyer is required to pay any of the shipping charges, Buyer will be assigned by Electro as close as practicable to Customer’s requested date based on Electro’s then-current production solely responsible for such shipment, including the payment and all communications/coordination of shipment scheduling with its selected carrier/forwarder. In case of leakage or lead times for the Product. Electro will communicate scheduled shipping dates in Electro’s Quotation or in Electro’s order acknowledgement or other form of communication, if the Customer has requested a different shipping date. Unless given written instruction by Customer, Electro shall select the shipping carrier for the Product’s delivery. All Product deliveries to the Customer and End Users, if any, will be made “EXW” Electro’s Facility (“EXW” also known as “EX Works”, named place of delivery)1 or FAS Electro’s place of origin (“FAS” also known as Free Alongside ship”, named port of shipment)2 (EXW and FAS, each a “Shipping Option”), as defined in Incoterms 2010. Subject to Electro’s right of stoppage loss in transit, Buyer shall note this issue on the xxxx of lading before paying freight. The delivery location (the “Delivery Location”) shall be as set forth by Goulston in the Agreement. All shipping dates are approximate and not guaranteed. Goulston reserves the right to make partial shipments and each shipment will constitute a separate sale and Buyer shall pay for the Products shipped. Title to the Products will pass to Buyer upon full payment for the Products. Where Goulston is the carrier, risk of loss will pass to Buyer upon Goulston’s delivery of the Product Products to the shipping carrier shall constitute delivery to Destination Location. Where a third-party is the Customercarrier, and title and risk of loss shall thereupon pass passes to Buyer FOB Goulston’s facility in Monroe, North Carolina (EXW per INCOTERMS 2010 for international shipments), unless otherwise set forth in the Agreement. Buyer is responsible for all demurrage or detention charges and any claims for shortages or damages suffered in transit must be submitted by Buyer directly to the Customercarrier. Selection Claims for damage, shortages etc., must be made within ten (10) days after receipt of the shipping carrier and delivery route shall Products. No claims or shortages in weight or quantity will be made allowed by Electro Goulston unless specified such claims are accompanied by Customerfreight bills with certified statements showing the extent of shortages or describing the damages in detail. Customer acknowledges that delivery dates provided If shipment of Products is postponed or delayed by Electro are estimates only and Electro shall not be liable for delays in delivery or for failure to perform Buyer for any reason, including but not limited a Force Majeure Event, Goulston may move Products to those causes beyond Electro’s control. The shipping carrier is not Electro’s agent, nor shall storage for the shipping carrier account of and at the risk of Buyer and the Products will be deemed delivered, and Goulston may allocate it available supply among its purchasers, including department and divisions of Goulston, on such basis as Goulston may deem fair and practical without liability to Buyer for any failure of performance which may result therefrom. Products may not be Electro’s agent. Delivery returned except with the prior written consent of a quantity of ProductGoulston, which varies from the quantity specified, shall not relieve Customer of the obligation to accept delivery may include additional terms and pay for the Product delivered. Delay in delivery of any Product installment, in any amount or number, shall not entitle the Customer to cancel any other Product installments. The Customer’s requested Shipping Option shall be indicated on the Purchase Order. The Customer shall pay the shipping and handling charges for the shipping and delivery of the Product, in addition to the purchase price for the Product, which will be 1 EXW- EXWorks- the sellers only responsibility it to make the goods available at the seller’s premises. The buyer bears full cost and risks of moving the goods from there to the destinationcharges.
Appears in 1 contract
Shipping and Delivery. Scheduled The party responsible for paying the shipping dates charges per the Agreement is entitled to select the method of shipment for the Products. If Buyer is required to pay any of the shipping charges, Buyer will be assigned by Electro as close as practicable to Customer’s requested date based on Electro’s then-current production solely responsible for such shipment, including the payment and all communications/coordination of shipment scheduling with its selected carrier/forwarder. In case of leakage or lead times for the Product. Electro will communicate scheduled shipping dates in Electro’s Quotation or in Electro’s order acknowledgement or other form of communication, if the Customer has requested a different shipping date. Unless given written instruction by Customer, Electro shall select the shipping carrier for the Product’s delivery. All Product deliveries to the Customer and End Users, if any, will be made “EXW” Electro’s Facility (“EXW” also known as “EX Works”, named place of delivery)1 or FAS Electro’s place of origin (“FAS” also known as Free Alongside ship”, named port of shipment)2 (EXW and FAS, each a “Shipping Option”), as defined in Incoterms 2010. Subject to Electro’s right of stoppage loss in transit, Buyer shall note this issue on the bill of lading before paying freight. The delivery location (the “Delivery Location”) shall be as set forth by Goulston in the Agreement. All shipping dates are approximate and not guaranteed. Goulston reserves the right to make partial shipments and each shipment will constitute a separate sale and Buyer shall pay for the Products shipped. Title to the Products will pass to Buyer upon full payment for the Products. Where Goulston is the carrier, risk of loss will pass to Buyer upon Xxxxxxxx’x delivery of the Product Products to the shipping carrier shall constitute delivery to Destination Location. Where a third-party is the Customercarrier, and title and risk of loss shall thereupon pass passes to Buyer FOB Goulston’s facility in Monroe, North Carolina (EXW per INCOTERMS 2010 for international shipments), unless otherwise set forth in the Agreement. Xxxxx is responsible for all demurrage or detention charges and any claims for shortages or damages suffered in transit must be submitted by Buyer directly to the Customercarrier. Selection Claims for damage, shortages etc., must be made within ten (10) days after receipt of the shipping carrier and delivery route shall Products. No claims or shortages in weight or quantity will be made allowed by Electro Goulston unless specified such claims are accompanied by Customerfreight bills with certified statements showing the extent of shortages or describing the damages in detail. Customer acknowledges that delivery dates provided If shipment of Products is postponed or delayed by Electro are estimates only and Electro shall not be liable for delays in delivery or for failure to perform Buyer for any reason, including but not limited a Force Majeure Event, Goulston may move Products to those causes beyond Electro’s control. The shipping carrier is not Electro’s agent, nor shall storage for the shipping carrier account of and at the risk of Buyer and the Products will be deemed delivered, and Goulston may allocate it available supply among its purchasers, including department and divisions of Goulston, on such basis as Goulston may deem fair and practical without liability to Buyer for any failure of performance which may result therefrom. Products may not be Electro’s agent. Delivery returned except with the prior written consent of a quantity of ProductGoulston, which varies from the quantity specified, shall not relieve Customer of the obligation to accept delivery may include additional terms and pay for the Product delivered. Delay in delivery of any Product installment, in any amount or number, shall not entitle the Customer to cancel any other Product installments. The Customer’s requested Shipping Option shall be indicated on the Purchase Order. The Customer shall pay the shipping and handling charges for the shipping and delivery of the Product, in addition to the purchase price for the Product, which will be 1 EXW- EXWorks- the sellers only responsibility it to make the goods available at the seller’s premises. The buyer bears full cost and risks of moving the goods from there to the destinationcharges.
Appears in 1 contract
