Claims for Damage in Transit Sample Clauses

Claims for Damage in Transit. Buyer will carefully examine the Product(s) immediately upon delivery. Before signing any receipt, Buyer must note on the shipping receipt any visible damage to the Product(s) (or container) and notify ZEISS of that damage within five (5) days of receipt of delivery. Buyer's signature on a receipt without notation of damage or Buyer's failure to send notice to ZEISS of damage within such five (5) day period will constitute proof of Buyer's receipt of the Product(s) in satisfactory condition.
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Claims for Damage in Transit. WITec’s responsibility shall cease upon delivery of the Products to the carrier F.O.B. Ulm, Germany or such other shipping point as designated by WITec. Buyer shall examine all Products carefully immediately upon delivery and before signing any receipt. If the Products are visibly damage or there is any shortage, Buyer shall note same on the shipping receipt and send notice of such damage or shortage to WITec within three (3) days of receipt of delivery. Xxxxx’s signature on a receipt without notation of damage or shortage or Buyer’s failure to send notice to WITec of damage or shortage within such three (3) day period shall constitute conclusive evidence of Buyer’s receipt of the Products in satisfactory condition. All risk of loss or damage to the Products is assumed by Buyer after WITec has made delivery of the Products to the carrier for the shipment to Buyer, and Xxxxx’s sole recourse for any loss or damage to the Products shall be against the carrier.
Sample 1
Claims for Damage in Transit. Adkev assumes the risk of loss for Products until such Products are tendered to Buyer or Buyer’s carrier; thereafter, all risk of loss of or damage to Products shifts to and is assumed by Buyer. Once so tendered by Adkev to Buyer’s carrier, Buyer’s sole recourse for any loss of or damage to Products shall be against the carrier. Buyer or Buyer’s agent shall carefully examine all Products upon delivery and before signing any shipping receipt. If Products are visibly damaged or there is any shortage, Buyer shall note same on the shipping receipt and send notice of such damage or shortage to Adkev within five (5) business days of delivery. Buyer’s signature on a receipt without notation of damage or shortage or Buyer’s failure to send notice to Adkev of damage or shortage within such five (5) day period (as the case may be) shall constitute both (i) conclusive evidence of Buyer’s receipt of the Products in satisfactory condition and (ii) acceptance in accordance with Section 8.
Sample 1

Related to Claims for Damage in Transit

  • Third Party Claims If any Indemnified Party receives notice of the assertion or commencement of any Action made or brought by any Person who is not a party to this Agreement or an Affiliate of a party to this Agreement or a Representative of the foregoing (a “Third-Party Claim”) against such Indemnified Party with respect to which the Indemnifying Party is obligated to provide indemnification under this Agreement, the Indemnified Party shall give the Indemnifying Party reasonably prompt written notice thereof, but in any event not later than thirty (30) calendar days after receipt of such notice of such Third-Party Claim. The failure to give such prompt written notice shall not, however, relieve the Indemnifying Party of its indemnification obligations, except and only to the extent that the Indemnifying Party forfeits rights or defenses by reason of such failure. Such notice by the Indemnified Party shall describe the Third-Party Claim in reasonable detail, shall include copies of all material written evidence thereof and shall indicate the estimated amount, if reasonably practicable, of the Loss that has been or may be sustained by the Indemnified Party. The Indemnifying Party shall have the right to participate in, or by giving written notice to the Indemnified Party, to assume the defense of any Third-Party Claim at the Indemnifying Party’s expense and by the Indemnifying Party’s own counsel, and the Indemnified Party shall cooperate in good faith in such defense. In the event that the Indemnifying Party assumes the defense of any Third-Party Claim, subject to Section 8.03(b), it shall have the right to take such action as it deems necessary to avoid, dispute, defend, appeal or make counterclaims pertaining to any such Third-Party Claim in the name and on behalf of the Indemnified Party. The Indemnified Party shall have the right to participate in the defense of any Third-Party Claim with counsel selected by it subject to the Indemnifying Party’s right to control the defense thereof, provided that the fees and disbursements of such counsel shall be at the expense of the Indemnified Party.

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