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:
Damage to Goods. (c) 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. 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. A) in any vehicle which is being used outside the normal course of the Business for social domestic or pleasure purposes
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. Licensor shall not be liable for any damage to or --------------- loss of merchandise or other property of Licensee by reason of fire, water, power failure, accident, plumbing, heating apparatus, gas or steam pipes of any kind or nature, bursting, leaking or running of any pipe in the Store, or from any other source unless caused by the grossly negligent or intentional acts or omissions of Licensor or its employees, agents or contractors or any failure of Licensor to maintain the Store as provided in this Agreement.
Damage to Goods. Reporting Damage - Burden of Proof - Limited Liability - Exclusion of Liability Reporting Damage
Damage to Goods. FURNITURE ITEMS IF XXx XXxX ELECTED NOT TO TAKE OuT ANY iNsuRANCE OvER FuRNiTuRE iTEMs WHiLsT iN TRANsiT OR sTORAgE AND KERLEYs DELivERY GROuP (OR OuR SuBCONTRACTOR/s) 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 S500 AuD PER iTEM. THis CAP ON OuR LiABiLiTY TO YOu DOEs NOT APPLY iF THERE is EviDENCE THAT KERLEYs DELivERY GROuP (OR OuR SuBCONTRACTOR) FAiLED TO ExERCisE DuE CARE AND sKiLL AND THis FAiLuRE is WHAT CAusED THE DAMAgE.
