Damage to Goods. Contractor shall pickup Goods from delivery location within the time period mutually agreed in writing between Purchaser and Contractor.
Damage to Goods. This Contract is designed to be a cost-effective and efficient procurement solution both for Purchasers who rent Portable Sanitation Services and Contractors who provide Portable Sanitation Services. Accordingly, Enterprise Services, Purchasers, and Contractor understand and acknowledge that Portable Sanitation Services equipment (Goods), when used, are subject to normal, routine, anticipated wear and tear that is factored into the rental pricing for such Portable Sanitation Services. Enterprise Services, Purchasers, and Contractor also understand and acknowledge that Portable Sanitation Services equipment (Goods), when used, may be subject to significant loss (e.g., vandalism, theft, and/or destruction) that is not factored into the rental pricing for such Portable Sanitation Services. Because of the unique nature of Portable Sanitation Services, the lack of cost- effective third-party risk management solutions (e.g., insurance), and the potential for consequential damages (e.g., a unit is destroyed and cannot be rented to Purchaser or another third-party), the parties desire to allocate potential damages (and price the Portable Sanitation Services accordingly) as follows:
Damage to Goods. 11.1 If there is damage to the goods covered under this Agreement which occurs without fault to either party (including negligence and willful misconduct) and before risk of loss has passed to Buyer, then:
11.1.1 if the damage is total, the contract is avoided;
11.1.2 if the damage is partial or the goods have so deteriorated as to no longer conform to the Agreement, Buyer may demand inspection and either:
(i) treat the Agreement as avoided; or
(ii) accept the goods with due allowance from the quote price for the deterioration or the deficiency in quantity, the sum of which must be mutually agreed between the parties in writing.
Damage to Goods. Inherent Risk. Certain goods (including electrical and mechanical appliances, computer equipment, scientific instruments and certain musical instruments) are inherently susceptible to suffer damage or disorder upon removal. Unless that damage or disorder results from the want of due care and skill on Our part, We will not be liable.
Damage to Goods. Inherent Risk: We are not liable for damage to inherently susceptible goods unless caused by Our failure to exercise due care and skill.
Damage to Goods. A) in any vehicle which is being used outside the normal course of the Business for social domestic or pleasure purposes
B) in open vehicles caused by atmospheric or climatic conditions unless the Goods are protected by vehicle sheets
C) in open vehicles caused by theft when the vehicle has been left unattended
Damage to Goods. Novartis Kupující /Buyer 1. Vlastnické právo ke Zboží do předání Zboží /ownership to Goods until handover of Goods. X
Damage to Goods. When approved in advance in writing by the City, the Contractor may deliver the goods FOB place of shipment. For FOB place of shipment transactions, should any goods shipped under the Contract be received by the City in a damaged condition and any related freight loss and damage claim filed against the carrier(s) be wholly or partially declined by the carrier(s), with the inference that the damage was the result of the act of the shipper, such as inadequate packaging or loading or some inherent defect in the goods, the Contractor, at the City’s request and at the Contractor’s own expense, shall assist the City in establishing carrier liability by supplying evidence that the goods were properly constructed, manufactured, packaged, and secured to withstand normal transportation conditions.
Damage to Goods. Packaging: If the Goods sustain damage by reason of defective or inadequate packing or unpacking, and the packing or unpacking (as the case may be) was not undertaken by Us or a Subcontractor, We will not be liable.
Damage to Goods. Furniture items: If You have elected not to take out any insurance over furniture items whilst in transit or storage and We (or Our Subcontractor) did not package any furniture items for You prior to transit or storage, We will only be liable for damage to the furniture items up to an amount of $500 per item. This cap on Our liability to You does not apply if there is evidence that We (or Our Subcontractor) failed to exercise due care and skill and this failure is what caused the damage.
