Clause Library

Delivery

Specifies the terms related to the delivery of goods or services, including timing, location, and responsibilities for shipping and handling.

Drafting Tips

Outline terms related to the delivery of goods or services, including delivery dates, locations, and conditions upon which delivery is deemed acceptable.
Sample Clauses
Source Letter Agreement [CHIPOTLE MEXICAN GRILL INC]
(2016-12-16) - Retail-Eating Places

overnight delivery service, signature requested, to the address of such party's principal place of business or as otherwise provided by applicable law.
Source Corporate By-Laws [NORTRAN PHARMACEUTICALS INC]
(2020-04-30) - A1 - Pharmaceutical Preparations

Any dividend, bonus or other moneys payable in cash in respect of shares may be paid by cheque or warrant sent through the post directed to the registered address of the holder, or in the case of joint holders, to the registered address of that one of the joint holders who is first named on the register, or to such person and to such address as the holder or joint holders may direct in writing. Every such cheque or warrant shall be made payable to the order of the person to whom it is sent. The mailing of such cheque or warrant shall, to the extent of the sum represented thereby (plus the amount of any tax required by law to be deducted) discharge all liability for the dividend, unless such cheque or warrant shall not be paid on presentation or the amount of tax so deducted shall not be paid to the appropriate taxing authority.
Source Information Statement [MAX-1 ACQUISITION CORP]
(2017-10-16) - DE - Pharmaceutical Preparations

Upon receipt of a request from a Participant after each Exercise Date on which a purchase of shares occurs, the Company will arrange for the delivery to such Participant, as soon as administratively practicable, of the shares purchased upon exercise of the Participant's Option.
Source Series A Preferred Shares Subscription Agreement [58.COM INC.]
(2016-05-13) - E9 - Services-Computer Programming, Data Processing, Etc.

At the Closing, against payment by each Investor of its portion of the Purchase Price pursuant to Section 1.01, and in addition to any items the delivery of which is made an express condition to the Investors' obligations at the Closing pursuant to Article VII, the Company shall deliver to each Investor (i) a copy of the updated register of members of the Company showing such Investor as the holder of the Purchased Shares purchased by such Investor hereunder, duly certified by the registered agent of the Company, (ii) one or more certificates evidencing the Purchased Shares purchased by such Investor hereunder and (iii) a copy of the updated register of directors of the Company evidencing the appointment of the directors of the Company in accordance with Section 7.06, duly certified by the registered agent of the Company.
Source Share Purchase Agreement [AMTD INTERNATIONAL INC.]
(2019-05-28) - E9 - Finance Services

At the Closing, the Company will deliver to the Investor duly issued share certificate(s) issued in favor of such Investor representing the Purchased Shares purchased by such Investor, duly signed for and on behalf of the Company. Further, the Company shall cause its register of members to be updated to reflect the Purchased Shares purchased by the Investor, and shall deliver a copy of an extract of such updated register of members to the Investor within five (5) business days ("Business Day," defined as any day other than a Saturday or Sunday or public holiday on which banks are ordinarily open for business in Hong Kong and the Cayman Islands) after the Closing.
Source Product License Agreement [APTEVO THERAPEUTICS INC.]
(2016-06-29) - DE - Pharmaceutical Preparations

"Delivery" means, with respect to a Vial of Product, the earlier of (i) the Release of such Vial of such Product or (ii) fifteen (15) days after the issuance of the Emergent Release Documents with respect to such Vial of such Product. "Deliver" shall have the corresponding meaning.
Source Supply Agreement [AUTOLUS THERAPEUTICS PLC]
(2018-04-27) - X0 - Biological Products, (No Diagnostic Substances)

"Delivery" and "Deliver" shall have the meaning set forth in Section 6.1(a).
Source Purchase Agreement [CARBO CERAMICS INC]
(2018-10-25) - DE - Abrasive, Asbestos & Misc Nonmetallic Mineral Prods

Unless otherwise agreed to in writing by the Parties, delivery of Sand to Buyer shall be F.O.B. from the Primary Facility. Title and risk of loss for Sand shall pass from Seller to Buyer upon loading the Sand into the truck or other mode of transportation designated by Buyer for delivery at the Primary Facility.
Source External Manufacturing Agreement [CYNOSURE INC]
(2016-08-05) - Electromedical & Electrotherapeutic Apparatus

Customer shall designate the requested delivery date (the 'Delivery Date') and delivery location on the Purchase Order for the Products. Once a Purchase Order has been accepted, deliveries may not be rescheduled by the Customer without Columbia Tech's written consent. Columbia Tech will only ship to locations within the domestic forty-eight states (excluding Alaska and Hawaii). Shipments to foreign countries will require a separate written agreement between the parties with supplemental terms and conditions. Customer or Customer's designee shall have five (5) days to accept the Products after they are delivered to Customer's specified delivery location. After such five (5) day period, the Products will be deemed to have been accepted, and such acceptance may not be revoked. The five (5) day period for acceptance shall not increase the Warranty Period (as defined in Section 7 below) which shall begin to run on the Delivery Date.
Source Price Quotation [DANLAX, CORP.]
(2019-09-13) - DE - Telephone & Telegraph Apparatus

All quoted deliveries are subject to prior sales, please contact your account manager for more details. Note: Delivery date is confirmed upon ASML acceptance of purchase order.
Source Standard Office Building Lease [EARGO, INC.]
(2019-11-08) - DE - Orthopedic, Prosthetic & Surgical Appliances & Supplies

Supplier will: (a) fulfill all orders under each Purchase Order and, where applicable, each SOW, within [***] measured from [***]; and (b) deliver all Units and Services in accordance with Eargo's requirements and by the delivery date(s) specified on the Purchase Order or SOW, as applicable, or such other date that Eargo may later specify as permitted by this Agreement ('Delivery Date'). Supplier will deliver all Units to the delivery address(es) set forth in the applicable Purchase Order. Supplier hereby acknowledges and agrees that Eargo may, from time to time, require Supplier to deliver all or a portion of the Units ordered under the Purchase Order to Approved Buyer(s)' locations or other non-Eargo locations, pursuant to the applicable Purchase Order. Any Components consisting of Software, will be provided via electronic delivery unless included with the Products or otherwise specified in the applicable Purchase Order or SOW.
Source Equity Contribution Agreement [BLOOM ENERGY CORP]
(2016-11-03) - DE - Electrical Industrial Apparatus

"Delivery" means for each Bloom System, the physical delivery of such Bloom System to its Site.
Source Procurement Services Agreement [BRIACELL THERAPEUTICS CORP.]
(2019-08-30) - A1 - Pharmaceutical Preparations

All Products and other materials provided by Catalent are delivered EXW (Incoterms 2010) Catalent's facilities unless otherwise agreed in the Quotation. In the event Catalent arranges shipping or performs similar logistics services for Client at Client's request, such services are performed by Catalent as a convenience to the Client only and at Client's cost. In such case Client shall qualify a minimum of two carriers to ship Product and then designate the priority of such qualified carriers to Catalent. Catalent shall not be responsible for the Products during transit, including any cost of insurance for such Products, or any risks associated with transit or customs delays, storage, and handling.
Source Master Repurchase Agreement [CALIBER HOME LOANS, INC.]
(2020-10-07) - DE - Finance Services

"Delivery" shall mean (a) with respect to any Agency Security guaranteed by Ginnie Mae, when Buyer is registered as the registered owner of such Agency Security on Ginnie Mae's central registry and (b) with respect to any Agency Security issued by Fannie Mae or Freddie Mac, the later to occur of (i) the issuance of such Agency Security and (ii) the transfer of all of the right, title and ownership interest in such Agency Security to Buyer or its designee. An Agency Security shall be deemed to be "Delivered" upon Delivery in accordance herewith.
Source Option Agreement [CRISPR THERAPEUTICS AG]
(2020-02-12) - V8 - Biological Products, (No Diagnostic Substances)

when delivered if personally delivered on a Business Day (or, if delivered or sent on a non-Business Day, then on the next Business Day); on receipt if sent by overnight courier; or when confirmation of receipt is sent, if sent by electronic mail.
Source SEC Filing - Form N-1A [EATON VANCE NEXTSHARES TRUST]
(2021-02-25) - MA -

The Transfer Agent will transmit purchase orders to the Fund. After the Fund accepts a purchase order and receives the purchase consideration, NSCC or DTC will instruct the Fund to deliver the shares to the specified book-entry account. Delivery is expected to occur within the normal settlement cycle, no later than the second Business Day after the order is received by the Transfer Agent. The Transfer Agent will issue confirmations of acceptance and the Distributor will provide a Prospectus to Authorized Participants.
Source Amendment Agreement [FRONTIER GROUP HOLDINGS, INC.]
(2017-05-23) - DE - Air Transportation, Scheduled

Delivery, with respect to any Relevant Aircraft: (a) with regard to any time prior to a Step-In, means the delivery of such Relevant Aircraft by Airbus to (i) the Buyer or its assignee pursuant to the terms and conditions set out in the applicable Assigned Purchase Agreement or (ii) Frontier pursuant to the terms and conditions set out in the applicable Re-Assigned Purchase Agreement; and (b) with regard to any time after a Step-In, means the delivery of such Relevant Aircraft by Airbus to the "Buyer" or its assignee pursuant to the terms and conditions set out in the applicable Replacement Purchase Agreement.
Source Amendment Agreement [FRONTIER GROUP HOLDINGS, INC.]
(2017-05-23) - DE - Air Transportation, Scheduled

The Buyer shall, [Action], sign the Certificate of Acceptance, pay the Balance of the Final Price and send its representatives to the Delivery Location to take Delivery of, and collect, the Aircraft.
Source Amendment Agreement [FRONTIER GROUP HOLDINGS, INC.]
(2017-05-23) - DE - Air Transportation, Scheduled

delivery in ***** as defined by CFM International by the Reference Composite Price Index (CPI) 148.84.
Source Apple Developer Program License Agreement [GLU MOBILE INC]
(2021-02-26) - DE - Services-Computer Programming Services

Upon request by You via the App Store Connect tool, Apple shall provide the Custom Codes electronically to You via App Store Connect, email, or other method as may be indicated by Apple.
Source Exclusive License and Supply Agreement [HISTOGEN INC.]
(2020-02-07) - DE - Pharmaceutical Preparations

EXW (Incoterms 2015) Histogen manufacturing/storage facilities. Pineworld will, at its expense, appoint a carrier and insure product in transit.