Common use of Shipping Costs Clause in Contracts

Shipping Costs. Company shall bear the cost and expense of shipping of any and all units of Products, Components or other materials manufactured hereunder from the point of manufacture to: (i) any distribution or warehouse Facility; and (ii) from any distribution or warehouse Facility to any other distribution or warehouse Facility, so long as such movement described in (ii) above is at the direction of Company in its own discretion. Except as otherwise specifically provided herein, WEA shall be responsible for the cost and expense of all other shipments hereunder. To the extent that any shipping costs hereunder are to be borne by WEA but are actually paid by Company, WEA shall only be required to pay Company’s actual, documented, out-of-pocket costs charged by such shipping agent for the shipment of units of Products and/or other materials hereunder, and such costs shall be reimbursed to Company by WEA within [*] business days following Company’s rendition of such invoice to WEA (but in no event shall WEA be required to make any such payment of such invoice prior to Company’s payment of such invoice to such shipping agent). If WEA is responsible for shipping expenses, should WEA so elect, WEA shall have the right to: (i) select the shipping agent(s) utilized by Company for shipping of units of Products and/or other materials hereunder (and, in doing so, assume the risk of loss for such units of Products in transit); or (ii) in lieu of selecting such shipping agent(s), require that Company submit to WEA any proposed shipping agent(s) which Company wishes to utilize hereunder for WEA’s prior written approval. If, in a particular instance, WEA is not responsible for shipping expenses or WEA does not exercise its rights pursuant to the preceding sentence, Company shall utilize the same shipping agent(s) utilized by Company for the shipping of a majority of the other products shipped by or on behalf of Company.

Shipping Costs. Company shall bear the cost and expense of shipping of any and all units of Products, Components or other materials manufactured hereunder under this Exhibit from the point of manufacture to: (i) to Company’s central Facility located in Alsdorf, Germany or to the extent such Facility is re-located pursuant to the terms and conditions of this Agreement, then to such relocated Facility. Company shall also be solely responsible for the cost and expense of any distribution or warehouse Facility; and (ii) from shipping between any distribution or warehouse Facility to any other distribution or warehouse Facilityof Company’s Facilities, so long as such movement described in (ii) above is at the direction of Company in its own discretion. Except as otherwise specifically provided herein, WEA WMI shall be responsible for the cost and expense of all other shipments hereunderunder this Exhibit. To the extent that any shipping costs hereunder under this Exhibit are to be borne by WEA WMI but are actually paid by Company, WEA WMI shall only be required to pay Company’s actual, documented, out-of-pocket costs charged by such shipping agent for the shipment of units of Products and/or other materials hereunderunder this Exhibit and, and such costs shall be reimbursed to Company by WEA WMI within [*] ten (10) business days following Company’s rendition of such invoice to WEA WMI (but in no event shall WEA WMI be required to make any such payment of such invoice prior to Company’s payment of such invoice to such shipping agent). If WEA WMI is responsible for shipping expenses, should WEA WMI so elect, WEA WMI shall have the right to: (i) select the shipping agent(s) utilized by Company for shipping of units of Products and/or other materials hereunder under this Exhibit (and, in doing so, assume the risk of loss for such units of Products in transit); or (ii) in lieu of selecting such shipping agent(s), require that Company submit to WEA WMI any proposed shipping agent(s) which Company wishes to utilize hereunder under this Exhibit for WEAWMI’s prior written approval. If, in a particular instance, WEA WMI is not responsible for shipping expenses or WEA WMI does not exercise its rights pursuant to the preceding sentence, Company shall utilize the same shipping agent(s) utilized by Company for the shipping of a majority of the other products shipped by or on behalf of Company.

Shipping Costs. Company shall bear the cost and expense of shipping of any and all units of Products, Components or other materials manufactured hereunder from the point of manufacture to: (i) to Company’s central Facility located in Alsdorf, Germany or to the extent that Company elects to re-locate such Facility, then to such other new Facility. Company shall also be solely responsible for the cost and expense of any distribution or warehouse Facility; and (ii) from shipping between any distribution or warehouse Facility to any other distribution or warehouse Facilityof Company’s Facilities, so long as such movement described in (ii) above is at the direction of Company in its own discretion. Except as otherwise specifically provided herein, WEA WMI shall be responsible for the cost and expense of all other shipments hereunder. To the extent that any shipping costs hereunder are to be borne by WEA WMI but are actually paid by Company, WEA WMI shall only be required to pay Company’s actual, documented, out-of-pocket costs charged by such shipping agent for the shipment of units of Products and/or other materials hereunderhereunder and, and such costs shall be reimbursed to Company by WEA WMI within [*] business days following Company’s rendition of such invoice to WEA WMI (but in no event shall WEA WMI be required to make any such payment of such invoice prior to Company’s payment of such invoice to such shipping agent). If WEA WMI is responsible for shipping expenses, should WEA WMI so elect, WEA WMI shall have the right to: (i) select the shipping agent(s) utilized by Company for shipping of units of Products and/or other materials hereunder (and, in doing so, assume the risk of loss for such units of Products in transit); or (ii) in lieu of selecting such shipping agent(s), require that Company submit to WEA WMI any proposed shipping agent(s) which Company wishes to utilize hereunder for WEAWMI’s prior written approval. If, in a particular instance, WEA WMI is not responsible for shipping expenses or WEA WMI does not exercise its rights pursuant to the preceding sentence, Company shall utilize the same shipping agent(s) utilized by Company for the shipping of a majority of the other products shipped by or on behalf of Company.

Shipping Costs. Company shall bear the cost and expense of shipping of any and all units of Products, Components or other materials manufactured hereunder from the point of manufacture to: (i) any distribution or warehouse Facility; and (ii) from any distribution or warehouse Facility to any other distribution or warehouse Facility, so long as such movement described in (ii) above is at the direction of Company in its own discretion. Except as otherwise specifically provided herein, WEA shall be responsible for the cost and expense of all other shipments hereunderunder this Exhibit. To the extent that any shipping costs hereunder under this Exhibit are to be borne by WEA but are actually paid by Company, WEA shall only be required to pay Company’s actual, documented, out-of-pocket costs charged by such shipping agent for the shipment of units of Products and/or other materials hereunderunder this Exhibit, and such costs shall be reimbursed to Company by WEA within [*] ten (10) business days following Company’s rendition of such invoice to WEA (but in no event shall WEA be required to make any such payment of such invoice prior to Company’s payment of such invoice to such shipping agent). If WEA is responsible for shipping expenses, should WEA so elect, WEA shall have the right to: (iA) select the shipping agent(s) utilized by Company for shipping of units of Products and/or other materials hereunder under this Exhibit (and, in doing so, assume the risk of loss for such units of Products in transit); or (iiB) in lieu of selecting such shipping agent(s), require that Company submit to WEA any proposed shipping agent(s) which Company wishes to utilize hereunder this Exhibit for WEA’s prior written approval. If, in a particular instance, WEA is not responsible for shipping expenses or WEA does not exercise its rights pursuant to the preceding sentence, Company shall utilize the same shipping agent(s) utilized by Company for the shipping of a majority of the other products shipped by or on behalf of Company.