Deliveries; Title and Risk of Loss Sample Clauses

Deliveries; Title and Risk of Loss. All Net Energy and Ancillary Services that have been, at Buyer’s option, Scheduled by Buyer shall be delivered by Seller to Buyer at the Electricity Delivery Point. Seller shall be deemed to be in exclusive control of, and responsible for any damage or personal injury caused by, Net Energy or Ancillary Services delivered hereunder up to the Electricity Delivery Point; and Buyer shall be deemed to be in exclusive control of, and responsible for any damages or injury caused by, such Net Energy or Ancillary Services from the Electricity Delivery Point. Seller warrants and agrees that it will transfer and deliver Contract Capacity, Capacity Rights, Ancillary Services and Net Energy to Buyer free and clear of all liens or other encumbrances and rights of third parties. Title to and risk of loss of all Net Energy or Ancillary Services shall transfer from Seller to Buyer upon delivery to Buyer at the Electricity Delivery Point. Buyer shall be deemed to be in exclusive control of, and responsible for any damage or personal injury caused by, Xxxx delivered hereunder up to the Fuel Delivery Point; and Seller shall be deemed to be in exclusive control of, and responsible for any damages or injury caused by, such Fuel at and from the Fuel Delivery Point. Buyer warrants that it will deliver Fuel to Seller free and clear of all liens or other encumbrances. Title to and risk of loss of all Fuel shall transfer from Buyer to Seller upon delivery to the Fuel Delivery Point.
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Deliveries; Title and Risk of Loss. All Net Energy and Ancillary Services that have been, at Buyer’s option, Scheduled by Buyer shall be delivered by Seller to Buyer at the Electricity Delivery Point. Seller shall be deemed to be in exclusive control of, and responsible for any damage or personal injury caused by, Net Energy or Ancillary Services delivered hereunder up to the Electricity Delivery Point; and Buyer shall be deemed to be in exclusive control of, and responsible for any damages or injury caused by, such Net Energy or Ancillary Services from the Electricity Delivery Point. Seller warrants and agrees that it will transfer and deliver Contract Capacity, Capacity Rights, Ancillary Services and Net Energy to Buyer free and clear of all liens or other encumbrances and rights of third parties. Title to and risk of loss of all Net Energy or Ancillary Services shall transfer from Seller to Buyer upon delivery to Buyer at the Electricity Delivery Point.
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Deliveries; Title and Risk of Loss. SECTION 7.1 This portion is confidential; therefore, it has been omitted and filed separately with the Commission. ----------------------------------------------------------------- ----------------------------------------------------------------- This portion is confidential; therefore, it has been omitted and filed separately with the Commission. ----------------------------------------------------------------- SECTION 7.2 Prior to the 20th day of each month, BUYER shall give SELLER a forecast of liftings of Diesel and Fuel Oil for each of the next two months. BUYER shall be responsible for scheduling dock space at SELLER's Loading Pier for the barge with the State Harbors Division, and provide SELLER 48 hour notice of the proposed loading time. BUYER shall also provide 24 hours notice to SELLER during SELLER's regular business hours Monday through Friday (excluding holidays) of the final quantity to be loaded, subject to a +10% loading - tolerance; provided, however, that in the event of a loading on Monday, or on Tuesday, if Monday is a holiday, BUYER shall provide SELLER notice of the final quantity to be loaded, subject to a +10% loading tolerance, by 12 noon the - previous Friday, or by 12 noon the previous Thursday if Friday is a holiday. The final quantity notice must also be within 5,000 barrels of the 20th day forecast volumes. SECTION 7.3 BUYER's nominated barge shall comply with all applicable federal, state and local laws, rules and regulations, and SELLER's vessel acceptance standards, such as that portion of the "BHP Transport Petroleum Tanker Inspection Checklist" as may be applicable to unmanned petroleum tank barges, and shall be fit in every way to receive and carry Product. SELLER shall provide BUYER its Operations Manual, other safety and operations procedures and vessel acceptance standards, and any amendments thereto, during the term of this Contract. While at SELLER's Loading Pier, BUYER's nominated barge shall operate in compliance with SELLER's Operations Manual as approved by the U.S. Coast Guard. In addition, a minimum of two qualified tankermen shall be provided by BUYER's barge during all loading operations at SELLER's Loading Pier or Third- Party Pier. BUYER's nominated barge shall vacate SELLER's Loading Pier or Third-Party Pier as soon as loading is completed, except if such delay is caused by any event or acts beyond the reasonable control of BUYER, including but not limited to acts of God, fire, governmental acts or labor...
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Deliveries; Title and Risk of Loss. SECTION 7.1: DELIVERY, TITLE AND RISK OF LOSS --------------------------------------------- SELLER agrees to Deliver and BUYER agrees to receive Product into BUYER's Nominated Barge, at SELLER's Loading Pier, Third-Party Pier or at SELLER's SPM pursuant to Section 7.4. For Product Delivered by SELLER into BUYER's Nominated Barge, at SELLER's Loading Pier, SPM, Third-Party Pier or other place of loading nominated by SELLER, title, custody and risk of loss of Product so Delivered shall pass from SELLER to BUYER at the receiving flange of BUYER's Nominated Barge, for loadings at the SPM, or the flange of the receiving hoses of BUYER's Nominated Barge. On a when-available basis and when the date is mutually agreed to, SELLER may sell and Deliver and BUYER may purchase and receive Diesel in bulk into BUYER's Nominated Marine Terminal at Kahului, Maui and Hilo and Kawaihae, Hawaii, respectively. Title, custody and risk of loss of Diesel so Delivered shall pass from SELLER to BUYER at the flange of the receiving pipeline of BUYER's Nominated Marine Terminal.
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Deliveries; Title and Risk of Loss. (a) All deliveries of Raw Materials and shipments of Products by ship, barge or other inland water or marine vessel shall be made in conformance with the Marine Provisions. Unless Sterling otherwise consents, BASF shall supply all ships, barges, other inland water and marine vessels, rail cars, tank trucks or other conveyances required for all deliveries of Raw Materials and shipments of Products under this Agreement. BASF shall be solely responsible for arranging and providing any emergency response measures required in connection with any ship, barge, other inland water or marine vessel, rail car, tank truck or other conveyance (except that Sterling shall provide emergency response measures, at the cost and expense of BASF, if the applicable ship, barge, other inland water or marine vessel, rail car, tank truck or other conveyance is physically located at the Site). (b) The Point of Delivery for all Raw Materials shall be the point of transfer of custody of such Raw Materials from BASF to Sterling, and shall be at the Plant’s loading-arm flange from which such Raw Materials are received by Sterling. Risk of loss to Raw Materials shall pass to Sterling at such flange (irrespective of whether BASF owns or has provided any ship, barge, other inland water or marine vessel, rail car, tank truck or other conveyance from which such Raw Materials are transferred). As between Sterling and BASF, except as otherwise provided herein, (i) BASF shall be in control and possession of all Raw Materials delivered hereunder and responsible for any damage or injury thereto or caused thereby until risk of loss with respect thereto has passed to Sterling, and (ii) Sterling shall be in control and possession of all Raw Materials received hereunder and responsible for any damage or injury thereto or caused thereby after risk of loss with respect thereto has passed to Sterling. (c) The Point of Delivery of all Products shall be the point of transfer of custody of such Products from Sterling to BASF, and shall be at the Plant’s loading-arm flange from which such Products are loaded into the applicable ship, barge, other inland water or marine vessel, rail car, tank truck or other conveyance for shipment. Risk of loss to such Products shall pass to BASF at such flange (irrespective of whether Sterling owns or has provided any ship, barge, other inland water or marine vessel, rail car, tank truck or other conveyance into which such Products are stored or loaded). As between Sterlin...
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Deliveries; Title and Risk of Loss. Unless otherwise mutually agreed, all deliveries of Devices, Qualification Units and Development Units (collectively, the "Deliverable Items") shall be made FOB Inter-Tel's Chandler, Arizona facility. Title and risk of loss or damage to the Deliverable Items shall pass to QUALCOMM upon delivery to QUALCOMM's designated carrier, subject to QUALCOMM's right to reject non-conforming units. Notwithstanding the foregoing, risk of loss of any Deliverable Items shall remain with Inter-Tel unless and until QUALCOMM finally accepts such units or deliveries or unless such non-conformance is due to damage occurring after the Deliverable Items have been delivered to QUALCOMM's designated carrier.
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Deliveries; Title and Risk of Loss. (a) All deliveries of Raw Materials and shipments of Products by ship, barge or other inland water or marine vessel shall be made in conformance with the Marine Provisions. Unless Sterling otherwise consents, BASF shall supply all ships, barges, other inland water and marine vessels, rail cars, tank trucks or other conveyances required for all deliveries of Raw Materials and shipments of Products under this Agreement; provided, however, that (i) Sterling shall make Rail Cars available to BASF pursuant to the Car Service Contract between the Parties until July 31, 2006, and (ii) notwithstanding anything to the contrary contained in the Car Service Contract between the Parties, BASF shall pay *** of the costs and expenses pertaining to the Rail Cars, including maintenance costs and expenses. Upon the written request of BASF, Sterling shall, with the prior written consent of the relevant Rail Car owner, assign to BASF any leases for Rail Cars leased by Sterling in connection with the delivery of Products pursuant to this Agreement for a term mutually acceptable to BASF and the relevant Rail Car owner. BASF shall be solely responsible for arranging and providing any emergency response measures required in connection with any ship, barge, other inland water or marine vessel, rail car, tank truck or other conveyance (except that Sterling shall provide emergency response measures, at the cost and expense of BASF, if the applicable ship, barge, other inland water or marine vessel, rail car, tank truck or other conveyance is physically located at the Site). Notwithstanding anything to the contrary contained in the Car Service Contract, the Car Service Contract will terminate and cease to be of any further force or effect on July 31, 2006; provided, however, that BASF may, by providing written notice to Sterling, elect to terminate the Car Service Contract prior to that time, in which event BASF shall be responsible for any and all costs and expenses resulting from the early termination of any rail car leases covering any of the Rail Cars and such costs and expenses shall be excluded from any calculation of Cost Savings or the Threshold Fixed Costs Amount and, to the extent such costs and expenses are Allocated Fixed Costs, shall be paid separately from, and in addition to, the Allocated Fixed Costs Amount. (b) The Point of Delivery for all Raw Materials shall be the point of transfer of custody of such Raw Materials from BASF to Sterling, and shall be at the Plant’...
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Related to Deliveries; Title and Risk of Loss

  • DELIVERY, TITLE AND RISK OF LOSS Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). In any case, delivery and risk of loss is in accordance with INCOTERMS 2010. Title to products shall pass to the Customer upon full payment of the invoice(s). In the absence of specific instructions, goods will be shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of goods.

  • Title and Risk of Loss Notwithstanding the form of shipment, title or other property interest, risk of loss shall not pass from the Contractor to the Authorized User until the Products have been received, inspected and accepted by the receiving entity. Acceptance shall occur within a reasonable time or in accordance with such other defined acceptance period as may be specified in the Bid Specifications or Purchase Order. Mere acknowledgment by Authorized User personnel of the delivery or receipt of goods (e.g., signed xxxx of lading) shall not be deemed or construed as acceptance of the Products received. Any delivery of Product that is substandard or does not comply with the Bid Specifications or Contract terms and conditions, may be rejected or accepted on an adjusted price basis, as determined by the Commissioner.

  • Delivery; Risk of Loss Deliveries must be made both in quantities and at times specified on the face of the Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. ▪ Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on the Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made after or before the specified delivery date. Seller will bear all costs and damages incurred by Buyer due to late or early delivery. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in the Purchase Order, all goods are sold DAP. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.

  • Delivery and Risk of Loss Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.

  • Title; Risk of Loss Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables.

  • Risk of Loss Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering xxxxxxx’x xxxx of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x xxxx of lading and damage inspection report.

  • Title and Risk 8.1 Title in the Goods passes to the Purchaser on payment by the Purchaser of the Price in full. Where the Purchaser has not paid the Company the Price in full and risk has transferred, the Purchaser agrees to hold the Goods as a fiduciary for the Company. 8.2 Notwithstanding clause 8.1 above, risk in the Goods passes to the Purchaser from the first occurrence of: (a) the passing of title in the Goods to the Purchaser; (b) the physical delivery of the Goods to the Purchaser; (c) the time when the Goods have been dispatched from the premises of the Company or another location nominated by the Company, or placed on a carrier which is to effect delivery of the Goods from the Company or another location nominated by the Company to the Purchaser, where the carrier has been nominated, arranged or retained by the Purchaser; or (d) the time when the Goods arrive at the premises of the Purchaser (prior to being taken off the carrier) where the carrier which is to effect delivery of the Goods from the Company or another location nominated by the Company to the Purchaser has been nominated, arranged or retained by the Company; or (e) if Goods are stored by the Company on behalf of the Purchaser in accordance with Clause 9. 8.3 The Company is not liable for any loss or damage or deterioration of the Goods after risk in the Goods has passed to the Purchaser. 8.4 In addition to any other rights the Company may have against the Purchaser, the Company may repossess the Goods if any amount due in respect of the Goods is outstanding or if the Company reasonably believes that any such amount will not be paid in full when it falls due for payment. The Purchaser grants the Company an irrevocable licence to enter upon any premises of the Purchaser for the purpose of taking possession of the Goods in accordance with this clause. 8.5 The Purchaser may sell and deliver the Goods as the Company's fiduciary to a third party in the ordinary course of the Purchaser's business provided that: (a) where the Purchaser is paid by the third party for the Goods, the Purchaser shall account to the Company in respect of the payment in accordance with the Purchaser's fiduciary obligations; and (b) where the Purchaser is not paid by the third party the Purchaser agrees to assign to the Company its claim against the third party upon receiving the Company's written request to that effect. 8.6 For the purposes of clause 8.4 and clause 8.5, where the Company supplies particular Goods of the same or similar nature on multiple occasions, where the Purchaser does not make payment in respect of particular Goods, the non-payment is treated as being first in respect of particular Goods of the same or similar nature still in the possession of the Purchaser, and then against particular Goods which have passed out of the possession of the Purchaser.

  • Insurance and Risk of Loss Debtors shall at all times bear all risk of loss, damage to or destruction of the Collateral. Debtors agree to procure forthwith and maintain insurance on the Inventory, for the full insurable value thereof and for the life of this Agreement, in the form of Fire Insurance with Extended Coverage or Combined Additional Coverage, as appropriate, and Collision, Theft and/or Vandalism and Malicious Mischief Coverage when appropriate, plus such other insurance as Secured Party may specify from time to time, all in form and amount and with insurers satisfactory to Secured Party. Debtors agree to deliver promptly to Secured Party certificates, or if requested, policies of insurance satisfactory to Secured Party, each with a standard long-form loss-payable endorsement naming Secured Party or assigns as loss-payee as their interests may appear. Each policy shall provide that Secured Party’s interest therein will not be invalidated by the acts, omissions or neglect of anyone other than Secured Party, and will contain insurer’s agreement to give 30 days prior written notice to Secured Party before the cancellation of or any material change in the policy will be effective as to Secured Party, whether such cancellation or change is at the direction of Debtors or insurer. Secured Party’s acceptance of policies in lesser amounts or risks will not be a waiver of a Debtor’s foregoing obligation. Debtors assign to Secured Party all proceeds of such insurance, including returned and unearned premiums, not to exceed the sum of all amounts payable pursuant hereto. Debtors direct all insurers to pay such proceeds directly to Secured Party.

  • Risk of Loss; Notice Prior to Closing and the delivery of possession of the Property to Buyer in accordance with this Contract, all risk of loss to the Property (whether by casualty, condemnation or otherwise) shall be borne by Seller. In the event that (a) any loss or damage to the Hotel shall occur prior to the Closing Date as a result of fire or other casualty, or (b) Seller receives notice that a governmental authority has initiated or threatened to initiate a condemnation proceeding affecting the Hotel, Seller shall give Buyer immediate written notice of such loss, damage or condemnation proceeding (which notice shall include a certification of (i) the amounts of insurance coverages in effect with respect to the loss or damage and (ii) if known, the amount of the award to be received in such condemnation).

  • Risk of Loss or Damage The Lessee assumes all risk of loss or damage to the Equipment from any cause and agrees to return it to the Lessor in the condition received, with the exception of wear and tear, unless otherwise provided in this Agreement.

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