Delivery terms are contractual provisions that specify the logistics related to the delivery of goods or services, including the time frame, location, and responsibilities for shipping and handling. These terms ensure both parties understand their obligations and help prevent disputes by outlining how and when delivery will occur.
Delivery Terms: Subject to availability, the Equipment shall be delivered on a monthly basis in batches according to the following estimated delivery schedule (subject to Order Confirmation). The estimated delivery dates for each monthly batch are 30 June 2022; 30 July 2022; 30 August 2022; 30 September 2022; 30 October 2022; 30 November 2022; and 30 December 2022 (each an “Estimated Delivery Date”). The Equipment shall be delivered ExWorks South Korea or Thailand, the exact address to be confirmed by Bitfury not later than two (2) months before the Delivery Date. Customer shall notably be responsible and liable for customs clearance of the Equipment, taxes, delivery tracking, deployment, infrastructure and maintenance of the Equipment at its own expense. Thirty (30) days before the relevant Estimated Delivery Date, Bitfury will provide a written notice to the Customer whereby Bitfury will either (a) confirm the exact delivery date for each monthly batch; or (b) determine a new Estimated Delivery Date; or (c) inform that the Equipment is unavailable (the “Order Confirmation”) (see example in Appendix 1).
Delivery Terms: DDP Akoustis Technologies, Inc, Canandaigua, NY according to Incoterms 2010.
Delivery Terms; Storage. Following FibroGen’s acceptance of Product pursuant to this Article 4, STA shall either store, ship, or otherwise dispose of such Product as requested by FibroGen in writing. Shipment of Product shall be made [*] (Incoterms [2020]) [*], and legal title and risk of all loss shall transfer to FibroGen [*]. If the Binding Forecast, Stockpile Order or Work Order does not specify disposition of Product, then STA or its Subcontractor shall store such Product in accordance with the storage requirements (as defined in this Agreement, the Specifications and the MBR as applicable) until such time as FibroGen request shipment or other disposition or use of such Product. For any Product that is placed into storage as agreed hereunder, FibroGen shall pay a storage fee in accordance with Section 4.6. [*]. STA shall be solely responsible for [*]. STA shall assist FibroGen [*]. Shipping Requirements shall be approved by FibroGen in writing. No later than [*] ([*]) months before the Delivery Date unless Product is Stockpiled, FibroGen shall provide Shipping Instructions to STA.”
The Parties intend for, and all Products have been shipped [*] (Incoterms 2020) [*] as of the Effective Date of the Third Amendment, and legal title with all risk of loss and damage transferring to FibroGen upon [*]. (5) This Third Amendment, together with the Master Supply Agreement as amended by the Prior Amendments, contains the entire understanding of the Parties with respect to the subject matter hereof. Except as otherwise provided herein, the Master Supply Agreement has not been modified or amended and remains in full force and effect. All express or implied agreements and understandings, either oral or written, heretofore made with respect to subject matter herein are expressly superseded in this Third Amendment. (6) This Third Amendment may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. Counterparts may be signed and delivered by facsimile and/or via portable document format (pdf), each of which shall be binding when sent.
Delivery Terms. Each purchase order shall specify: (i) an identification of the API ordered; (ii) quantity requested; (iii) the requested delivery date; and (iv) shipping instructions and address. Hovione agrees to deliver API conforming to the Specifications and the requirements of this Agreement DDP (Incoterms 2020) to such U.S. or Canadian location as may be designated by OptiNose on the purchase order.”
Delivery terms: (1) Product Charges include delivery of products supplied by TDCC to the applicable Delivery Point, and title to and risk of loss for product supplied by TDCC hereunder shall pass at the applicable Delivery Point. (2) The UCC Group shall not pay separate charges for third (3rd) party pipeline transportation or storage in Texas- or Louisiana-based assets of TDCC Affiliates.
Delivery. Shenzhen Yi Jia shall effect Delivery of each Firm Order in accordance with the Delivery Terms. Each container shall be marked as to the identity of the Product, the quantity of Product, the related Firm Order number, and any other information required by the Firm Order. Shenzhen Yi Jia shall bear all risk of loss or damage with respect to Product(s) until such Product(s) are Delivered to Aspire’s facility in accordance with the Delivery Terms. Each Delivery of Product shall be accompanied by a packing slip.
Delivery Terms (1) Customer shall issue purchase orders in writing, specifying the Product quantity and the place of delivery with a lead-time of six (6) months, unless otherwise as set out in Annex 1, prior to the desired delivery date. Customer's purchase orders will become binding as soon as Evonik confirms such orders in writing. If applicable, Customer's purchase orders shall be spread as evenly as possible over each calendar year. (2) Risk to the Products shall pass in accordance with the delivery terms (lncoterms 2020) agreed in Annex 1. (3) Section 13 of the GTC shall apply, however, the time to submit any claims for defects and delivery shortfalls shall start as of delivery of the Products to the end customer of the Customer, or, in the case of latent defects, as of the time the end customer discovers or should have discovered it through reasonable inspection. Customer shall prove to Evonik the date of such delivery and timely investigation, if requested by Evonik.
DELIVERY, TITLE AND RISK 6.1 The Parties have agreed that the Purchaser shall deliver the Goods in accordance with the delivery terms DDP (Incoterms 2010) to the Service Provider’s plant. 6.2 The Purchaser shall deliver the Goods on the truck to the Service Provider’s plant. The Service Provider receives the Goods on the truck (and vice versa). Risk of loss or damage with respect to the Goods passes from the Purchaser to the Service Provider upon the moment the Service Provider’s forklift driver touches the delivered Goods or the underseal which the Goods are placed on. 6.3 The Parties have further agreed that once the Service Provider has performed the Services, the Service Provider shall deliver the finalised Goods (i.e. the electrodeposition dipped or bathed (the “ED dipped”) UB) to the Purchaser in accordance with the delivery terms FCA (Incoterms 2010). 6.4 Once the Service Provider has performed the Services, the Service Provider shall load the finalised Goods (i.e. the ED dipped UB) onto the truck. Risk of loss or damage with respect to the Goods passes from the Service Provider to the Purchaser upon the moment the Goods are accepted as received by the driver, who will transport the Goods back to the Purchaser’s site.
Delivery Terms: The Delivery Terms of the Products shall be determined in writing between the Seller and the Buyer from time to time during the Effective Period. Title and all risks of loss or damage to each shipment of the Products shall pass from the Seller to the Buyer pursuant to the Delivery Terms..
Delivery Terms” means Ex Works (Incoterms 2010) CytoDyn’s designated Facility for the finished, packaged and labelled Product. Vyera will be responsible for arranging, and all costs of, transport of Product from CytoDyn’s designated Facility.
Delivery. CytoDyn shall effect Delivery of each Firm Order in accordance with the CytoDyn Know-How, Applicable Laws (including cGMPs) and the Product Specifications (and for clarity, CytoDyn shall only effect Delivery of Product pursuant to a Firm Order). CytoDyn shall Deliver or arrange for Delivery of Product in accordance with the Delivery Terms, in order to fill such Firm Order. Each container shall be marked as to the identity of the Product, the quantity of Product, the related Firm Order number, and any other information required by the Firm Order. CytoDyn shall bear all risk of loss or damage with respect to Product(s) until such Product(s) are Delivered to Vyera at CytoDyn’s designated Facility in accordance with the Delivery Terms. Each Delivery of Product shall be accompanied by a packing slip and a Material Safety Data Sheet, and CytoDyn’s quality release statement for such Product (described in Section 3.9).
Delivery Terms The delivery location and terms of Hardware shall be defined in a respective Statement of Work or an Exhibit to this Agreement as agreed to and signed by the Parties. Should the delivery terms not be agreed in a Statement of Work or Exhibit at the time of the order, then the delivery terms shall be deemed to be Incoterms DDP (Delivery & Duty Paid) to the Buyer specified location. Delivery of the Hardware to the Buyer specified location shall not be deemed acceptance of off-specification, defective, or non-conforming Products, unless expressly accepted by Buyer.
Delivery terms 8.1. Seller will supply Importer with Polestar Vehicles in accordance with the Transfer Prices specified in Section 6. 8.2. The delivery terms below will apply unless separately agreed between Seller and Importer. 8.3. The delivery terms are CIF, US port of entry, and Incoterms 2020 will be applicable in its entirety. 8.4. The ownership, title, and risk of loss transfer of Polestar Vehicles are from Seller to Importer at the time of invoicing in accordance with Section 6.2. 8.5. For the avoidance of doubt, Seller will indemnify and hold Importer harmless of any cost, e.g., but not limited to, legal fees, administration, insurance deductables, etc., that might arise in the event any damage to or loss of Polestar Vehicles occurs during the transportation.
Deliveries shall be made in the quantities, on the dates, and at the times specified in any accepted (or deemed accepted) delivery schedules issued by the Recipient for the Binding Period. Time and quantity are of the essence with respect to all accepted (or deemed accepted) delivery schedules issued by the Recipient.
Delivery terms are specific provisions in a contract that outline the conditions of delivery for goods or services from a seller to a buyer. These terms define crucial aspects such as the time, location, method of delivery, and responsibility for shipping costs. Delivery terms also delineate the point at which the risk of loss or damage to goods transfers from the seller to the buyer. This is critical in commercial transactions to ensure clarity between the involved parties and minimize disputes.
Delivery terms should be used whenever there is a transaction involving the transfer of goods or services between parties, particularly in purchase or sales contracts. They are essential in situations where:
Using precise delivery terms is especially crucial in international trade to comply with diverse customs regulations and international commercial terms (Incoterms).
Writing delivery terms involves specifying clear and detailed conditions about the delivery process. Here’s a general guide:
Specify the Mode of Delivery: Determine whether the goods will be delivered by land, sea, air, or any combination thereof.
Define the Delivery Point: Describe the location where the goods will be delivered. For international shipments, you might use standardized terms like FOB (Free on Board) or CIF (Cost, Insurance, and Freight).
Outline Responsibility and Costs: Clearly state who is responsible for shipping costs, insurance, and other potential expenses like taxes and duties.
Condition of Goods Upon Delivery: Specify how the goods should be packed and any quality standards they need to meet upon reaching the buyer.
Risk Transfer Point: Indicate when the risk of loss or damage transfers to the buyer.
Here’s an example of delivery terms in a contract:
The seller agrees to deliver the goods FOB (Free on Board) at [Port Name], with all shipping costs and risk transferring to the buyer upon loading of goods onto the shipping vessel.
Delivery terms are typically found in several types of contracts, including but not limited to:
Sales Contracts: These contracts for the sale of goods often include detailed delivery terms to ensure both parties are clear on their obligations.
Purchase Orders: These documents, used by buyers to formally request products, also specify delivery conditions.
Supply Agreements: Medium to long-term agreements specifying delivery schedules and conditions as part of the overall supply relationship.
International Trade Contracts: Contracts that require transport across national borders usually incorporate Incoterms to standardize delivery responsibilities and risk.
Including delivery terms in contracts such as these enhances communication and reduces the potential for disputes related to shipping and delivery.
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