Article 5 - Delivery, Packaging and Shipping
1) The delivery date of the Products shall be settled in accordance with the provision of Article 4(1) of this Agreement.
2) If the delivery of the Products by the Seller shall fall behind the agreed schedule or is likely to be delayed, the Seller shall immediately notify the Purchaser of any such delay or potential delay of the delivery with a measure to minimize such delay or potential delay including but not limited to changing the shipping method or shipping route and/or rescheduling the delivery schedule of the Products.
a) Time is of the essence and deliveries shall be strictly in accordance with the Purchase Order.
b) Unless otherwise agreed, the Purchaser will not accept part delivery of the Products.
c) Late delivery or delivery of an excess quantity of Goods shall entitle Purchaser to return the Products to the Supplier at the Supplier’s cost.
d) The Supplier shall provide written notification to the Purchaser of any possible or actual delay in performance under a Contract and shall provide all relevant information concerning the cause of such delay, but in no event however, shall such notice relieve the Supplier of its obligations under such Contract.
3) Packaging and Shipping
a) The Products shall be packaged in a method to preserve and protect them from damage and/or degradation.
b) All Products are to be suitably prepared for shipment by the Supplier in accordance with acceptable commercial practices so as to secure the lowest possible transportation rates and to meet the carrier’s requirements.
c) The Supplier shall cause the Products to be labelled to conform to all requirements of applicable laws.