Delivery, Acceptance and Title Sample Clauses

Delivery, Acceptance and Title. Three will deliver the Equipment to the address specified on the completed Order provided the address is in the Republic of Ireland.
Sample 1Sample 2
AutoNDA by SimpleDocs
Delivery, Acceptance and Title. Data Services are accepted by Licensee upon delivery by FlightAware. Delivery occurs when FlightAware first makes any data available for use by Licensee.
Sample 1Sample 2
Delivery, Acceptance and Title. 5.1 Without limiting the Purchaser's rights hereunder or otherwise at law, the Supplier shall: (a) repair or replace any Goods which are damaged or found not to be in accordance with this Contract; and (b) re‐perform any Services which are found not to be in accordance with this Contract or which, in the Purchaser’s reasonable opinion, fail to comply with the standard of care referred to in clause 9.1(c). 5.2 Delivery shall not have taken place and risk in the Goods shall not pass until the Supplier has obtained from the Purchaser or its authorised agent a signed receipt or delivery docket. Title to the Goods shall pass to the Purchaser on Delivery. 5.3 Goods and/or Services will not be considered accepted until they have passed any acceptance tests set out in the Contract and are in conformity with this Contract. 5.4 Subject to clause 5.5, Goods and/or Services not required to be tested will be deemed accepted by the Purchaser 7 days after Delivery, unless the Purchaser advises otherwise. The inspection and acceptance referred to in this clause 5 shall be without prejudice to any of the Purchaser’s rights and remedies under this Contract or otherwise. 5.5 Delivery of any Goods and/or Services will not be acceptable to the Purchaser unless: (a) all Goods are securely packed as required by the Purchaser from time to time so as to prevent damage and allow proper storage and stock control; (b) all boxes, packages, containers, invoices and any other related documentation has a suitably visible delivery notice detailing the Goods and/or Services including Purchase Order number, quantity delivered, product number, part number, code number, serial or asset numbers (where available), the Supplier’s name and such other details required by the Purchaser from time to time; and (c) the Supplier has provided all designs, specifications and technical information including installation, operating, repair and maintenance manuals, and all other documents and things specified in this Contract or reasonably required to use the Goods and/or Services for their intended purpose. 5.6 The Supplier must, in effecting Delivery of the Goods and/or Services: (a) not interfere with the Purchaser’s activities or the activities of any other person at the address specified for Delivery; (b) be aware of and comply with and ensure that the Supplier’s employees, officers, agents, advisers or subcontractors (Related Persons) are aware of and comply with: (i) all applicable laws of the Common...
Sample 1
Delivery, Acceptance and Title. 4.1 Title to the Vessel (a) Title to the Vessel shall pass to the Owner on the Delivery Date under the MOA (the exact timing of which as further set out in the Protocol of Delivery and Acceptance) and remain vested in the Owner after the Delivery Date pursuant to the terms of this Agreement and the MOA. (b) From the Delivery Date and throughout the Hire Period the Vessel shall be in the full possession and at the absolute disposal for all purposes of the Charterer and under its complete control in every respect. 4.2 Simultaneously with the transfer of title to the Vessel by the Seller to the Owner under the MOA, the Vessel shall be deemed, without any further act by the Charterer or the Owner, to have been delivered to the Charterer by the Owner and, subject to the terms of this Agreement, accepted by the Charterer for the purposes of this Agreement and the Hire Period shall commence. To evidence such delivery, the Charterer shall thereupon execute and deliver the Charter Protocol of Delivery and Acceptance to the Owner. 4.3 The Owner and the Charterer acknowledge that the condition, quality, suitability and fitness for purpose of the Vessel at Delivery shall be the sole responsibility of the Charterer, and (subject to Clauses 3.1, 3.3, and 3.4) once Delivery shall have occurred pursuant to Clause 4.2, the Owner shall not be entitled for any reason whatsoever to refuse to deliver, and the Charterer shall not be entitled for any reason whatsoever to refuse to accept delivery of, the Vessel or to refuse to execute and deliver the Charter Protocol of Delivery and Acceptance for the Vessel. 4.4 If, for any reason, the Vessel shall not have been delivered to and accepted by the Charterer in accordance with Clause 4.2 on or before 11:59 p.m. (Tokyo time) on the Cancellation Date or such later time as the Owner and the Charterer may agree in writing, then this Agreement shall be deemed nil and void without any further liability between the parties.
Sample 1
Delivery, Acceptance and Title. ‌ 7.01 Bus Delivery Procedure a) Any Defects or deficiencies from the Bus Manufacturer corrected; b) Any damage that occurred in transit from the Bus Manufacturer corrected; c) Completion of any additional work (such as application of paint/decals/etc., equipment installation, etc.), as jointly agreed to by the Supplier and the Purchaser and documented in Schedule A of the PA. d) A completed New Vehicle Information Card issued in accordance with the Requirements of Law. The delivery of a Bus shall be determined by the Supplier’s authorization signed by the Purchaser’s designated agent(s), at the point of delivery specified in the PA. A visual inspection by the Purchaser’s agent shall not constitute acceptance.
Sample 1
Delivery, Acceptance and Title. Unless otherwise expressly agreed to in writing by Fluidigm, all deliveries to destinations within the United States are [****], and all deliveries to destinations outside the U.S. are [****]. Fluidigm’s title (except for software, which is only licensed), and all risk of loss, passes to Olink, and Fluidigm’s liability as to delivery ceases, [****]. For avoidance of doubt, if the above-identified shipping terms are deemed not to apply, title and risk of loss shall pass to Olink upon [****] unless both parties agree in advance and in writing otherwise. Unless specific shipping instructions have been agreed to in writing between Fluidigm and Olink, Fluidigm will ship in accordance with its standard practices and In compliance with all applicable laws and regulations. For multiple unit and/or multiple Fluidigm Product orders, Fluidigm may make delivery in installments, and each installment shall be deemed to be a separate sale. Fluidigm may issue a separate invoice for each installment, which invoice shall be paid without regard to prior or subsequent installments. Subject to the terms and conditions herein, all Products shall be conclusively and irrevocably deemed accepted without qualification by Olink upon delivery. Olink, however, will notify Fluidigm or its representative in writing of any nonconformity to Fluidigm’s extant specifications promptly after delivery. Fluidigm shall be entitled to repair or replace damaged, missing or nonconforming Fluidigm Products, and, subject to the indemnification obligations in section 10, such repair or replacement shall constitute Clink’s sole and exclusive remedies, and Fluidigm’s sole liability and obligation, for any damaged, missing or nonconforming Fluidigm Products.
Sample 1
Delivery, Acceptance and Title. 2.1 Unless otherwise specified in the Agreement, time is of the essence with respect to the Supplier's Obligations. 2.2 If this Agreement includes a program: (a) for each program activity, on the start date the Supplier must commence, and on the finish date the Supplier must complete, any parts of the Supplier's Obligations corresponding with that program activity; and (b) for each program milestone, on the milestone date the Supplier must complete any parts of the Supplier's Obligations corresponding with that milestone. 2.3 If the Supplier is unable to perform any of the Supplier's Obligations by a date or within a period specified by this Agreement due to a breach of this Agreement by Westforce: (a) within 10 business days after becoming the Supplier becomes aware of that inability, the Supplier must give Westforce a written notice identifying the cause and duration of the delay, and the dates and periods it is unable to meet; and (b) subject to the Supplier giving a compliant notice under subclause (a), those dates and periods will be extended by a duration determined by Westforce acting reasonably. 2.4 Westforce may at any time in its absolute discretion give a written notice to the Supplier extending any dates and periods specified by this Agreement. Westforce is not obliged to exercise its discretion for the benefit of the Supplier. 2.5 None of the following events or circumstances affects Westforce's rights under this Agreement with respect to any Non-Conformance (including without limitation by constituting or evidencing acceptance by Westforce of Goods or Services): (a) Westforce issuing a Payment Schedule; (b) Westforce paying any amount to the Supplier; (c) Westforce taking possession or custody of Goods; (d) testing, commissioning, or use of Goods or Services.
Sample 1
AutoNDA by SimpleDocs
Delivery, Acceptance and Title. 4.1 If not specified in the Purchase Order, time will be of the essence with respect to the Supplier’s delivery obligations under this Agreement. The time period for delivery to the University may be specified in the Purchase Order. 4.2 Payment of any invoice by the University will not be deemed acceptance of any Goods and/or Services, but rather such Goods and/or Services will be subject to a 3 month period of inspection, testing, acceptance or rejection by the University. 4.3 If the Goods are not of suitable quality they will be returned by the University to the Supplier at the Supplier’s expense. 4.4 Risk and title in the Goods will pass to the University when they are delivered to the University.
Sample 1
Delivery, Acceptance and Title. (a) Title to the Vessel (i) Title to the Vessel shall with effect from Delivery remain vested in the Registered Owner pursuant to the terms of the Instalment Sale Agreement.
Sample 1

Related to Delivery, Acceptance and Title

  • DELIVERY AND TITLE A. The place of delivery for all Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

  • Delivery Location All Goods shall be delivered to the address specified in this Order (the "Delivery Location") during Buyer's normal business hours or as otherwise instructed by Buyer.

  • Delivery; Acceptance of Premises; Commencement Date Landlord shall use reasonable efforts to deliver the Premises to Tenant on or before the Target Commencement Date in the Tenant Improvement Work Readiness Condition for construction by Tenant of the Tenant Improvements (“Delivery” or “Deliver”). If Landlord fails to timely Deliver the Premises, Landlord shall not be liable to Tenant for any loss or damage resulting therefrom, and this Lease shall not be void or voidable except as provided herein. If Landlord does not Deliver the Premises within 120 days of the Target Commencement Date for any reason other than Force Majeure delays, this Lease may be terminated by Landlord or Tenant by written notice to the other, and if so terminated by either: (a) the Security Deposit, or any balance thereof (i.e., after deducting therefrom all amounts to which Landlord is entitled under the provisions of this Lease), shall be returned to Tenant, and (b) neither Landlord nor Tenant shall have any further rights, duties or obligations under this Lease, except with respect to provisions which expressly survive termination of this Lease. As used herein, the terms “Tenant Improvements” and “Tenant Improvement Work Readiness Condition” shall have the meanings set forth for such terms in the work letter at here to as Exhibit C (the “Work Letter”). If neither Landlord nor Tenant elects to void this Lease within 10 business days of the lapse of such 120 day period (as may be extended by Force Majeure delays), such right to void this Lease shall be waived and this Lease shall remain in full force and effect. Notwithstanding the foregoing, Landlord and Tenant agree that if any Governmental Authority having jurisdiction of the Project, as a result of the COVID-19 outbreak in the United States declares or implements any order or mandate that restricts construction activities in San Diego county (any such order or mandate, a “Government Mandate”), then, to the extent such Government Mandate precludes construction of the Core & Shell (as defined in the Work Letter), the Target Commencement Date shall be delayed 1 day for each day that such a Government Mandate remains in effect and continues to preclude such construction of the Core & Shell. 3115 Xxxxxxxxxx/Erasca - Page 3 The “Commencement Date” shall be date that Landlord Delivers the Premises to Tenant in Tenant Improvement Work Readiness Condition. The “Rent Commencement Date” shall be the date that is 180 days after the Commencement Date (which is anticipated to be February 1, 2022, based on the Target Commencement Date of August 1, 2021); provided, however, that the Rent Commencement Date shall be delayed 1 day for each day after the Commencement Date that a Government Mandate that restricts construction activities in San Diego county is in effect to the extent that such Government Mandate precludes such construction of the Tenant Improvements. Upon request of Landlord, Tenant shall execute and deliver a written acknowledgment of the Commencement Date, the Rent Commencement Date and the expiration date of the Term when such are established in the form of the “Acknowledgement of Commencement Date” attached to this Lease as Exhibit D; provided, however, Tenant’s failure to execute and deliver such acknowledgment shall not affect Landlord’s rights hereunder. The “Term” of this Lease shall be the Base Term, as defined above on the first page of this Lease. Except as set forth in the Work Letter: (i) Tenant shall accept the Premises in their condition as of the Commencement Date; (ii) Landlord shall have no obligation for any defects in the Premises; and (iii) Tenant’s taking possession of the Premises shall be conclusive evidence that Tenant accepts the Premises and that the Premises were in good condition at the time possession was taken. Any occupancy of the Premises by Tenant before the Commencement Date shall be subject to all of the terms and conditions of this Lease, excluding the obligation to pay Base Rent and Operating Expenses. Notwithstanding the foregoing, for the period of 365 consecutive days after the Commencement Date, Landlord shall, at its sole cost and expense (which shall not constitute an Operating Expense), be responsible for any repairs that are required to be made to Building Systems (as defined in Section 13), serving the Premises unless Tenant or any Tenant Party was responsible for the cause of such repair or Tenant was responsible for the construction of such Building Systems as part of the Tenant Improvements, in which case Tenant shall pay the cost. In addition, Tenant shall be entitled to the benefit of any warranties issued to Landlord in connection with the Core & Shell for the terms of such warranties to the extent affecting the Premises. Tenant agrees and acknowledges that neither Landlord nor any agent of Landlord has made any representation or warranty with respect to the condition of all or any portion of the Premises or the Project, and/or the suitability of the Premises or the Project for the conduct of Tenant’s business, and Tenant waives any implied warranty that the Premises or the Project are suitable for the Permitted Use. This Lease constitutes the complete agreement of Landlord and Tenant with respect to the subject matter hereof and supersedes any and all prior representations, inducements, promises, agreements, understandings and negotiations which are not contained herein. Landlord in executing this Lease does so in reliance upon Tenant’s representations, warranties, acknowledgments and agreements contained herein.

  • DELIVERY: FOB DESTINATION, INSIDE DELIVERY, FREIGHT PAID Whenever possible, contractors should give the ordering entities 3 working days prior notice of any deliveries and/or installations. Furniture contractors will not be responsible for the removal/moving of existing furnishings unless requested by the ordering entity. Contractors should verify site readiness prior to delivery. All deliveries will be made during normal working hours unless otherwise arranged with the ordering entity. Contractor will communicate any scheduling delays and/or changes immediately. Agencies will not be responsible for any freight damage, concealed or otherwise.

  • CONTRACT ACCEPTANCE By acceptance of this order, Xxxxxx agrees that the scope of the work required is understood by Xxxxxx; that there are no informal commitments by Buyer that in any way affect the work under this order; that there are no open or unresolved issues related to this order except as explicitly stated herein; and that Xxxxxx therefore understands and agrees that this order states the complete agreement of the parties. CAS requirements do not apply if the order does not exceed $650,000 or if the Seller claims an exemption per the Proposal Representation and Certification, or if certified cost or pricing data was not provided.

  • RISK AND TITLE (a) Risk of damage to or loss of the Goods shall pass to the Customer at the time when: i) in the case of Goods to be delivered otherwise than at the Company’s premises, at the time of delivery or, if the Customer fails to take delivery of the Goods in accordance with the terms of the Contract, the time when the Company tenders delivery of the Goods; or ii) the Company notifies the Customer that the Goods are available for collection. (b) Notwithstanding risk in the Goods passing in accordance with Term (7)(a) above, legal and equitable title in the Goods shall not pass to the Customer until payment in full in cleared funds is received by the Company for the Goods and no other amounts are outstanding from the Customer to the Company. (c) Until title to the Goods has passed to the Customer, the Customer shall: i) hold the Goods on a fiduciary basis as the Company’s bailee; ii) store the Goods separately from all other goods held by the Customer so that they remain readily identifiable as the Company’s property; iii) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; iv) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date of delivery; v) notify the Company immediately if it becomes subject to insolvency proceedings, ceases or threatens to cease to carry on its business or is the subject of any enforcement action by a creditor (including the presentation of a petition for bankruptcy); and vi) give the Company such information relating to the Goods as the Company may require from time to time, however, the Customer may use the Goods in the ordinary course of its business. (d) The Company is irrevocably authorised at any time to enter the Customer’s premises or any alternative location where the Goods are stored for the purpose of repossessing, removing and if necessary dismantling such Goods for the purposes of removal. (e) The Company’s rights set out in this Term (7) shall survive any termination of the Contract.

  • Inspection; Acceptance The Contractor (immixTechnology, Inc.) can only, and shall only tender for acceptance those items that substantially conform to the software manufacturer’s (“Qualtrics”) published specifications. Therefore, items delivered shall be considered accepted upon delivery. The Government reserves the right to inspect or test any supplies or services that have been delivered. The Government may require repair or replacement of nonconforming supplies or re-performance of nonconforming services at no increase in contract price. If repair/replacement or re-performance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights-(1) Within the warranty period; and (2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

  • Project Number The project number has been assigned by the Commission as the unique identifier for your project, and it cannot be changed. The project number should appear on each page of the grant agreement preparation documents to prevent errors during its handling.

  • DELIVERY PRESSURE Xxxxxx agrees to use due care and diligence to furnish gas hereunder at such uniform pressure as Seller may elect up to, but not exceeding 20 pounds per square inch gauge, and not less than 5 pounds per square inch gauge, at the "Point of Delivery". Buyer shall be responsible for the installation and operation of adequate safety equipment downstream of the Point of Delivery so as to relieve or control pressure variations within the limits described above that may, for any reason through malfunction of Seller's equipment or otherwise, occur on Buyer's side of the "Delivery Point".

  • Project Delivery Order Procedures Status of TIPS Members as Related to This Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!