Delivery and Claims Sample Clauses

Delivery and Claims. 7.1 Any dates specified by the Company for delivery of the Goods are an estimate and time for delivery shall not be of the essence. If no dates are so specified, delivery will be within a reasonable time. 7.2 The Customer will provide at its expense at the delivery address adequate and appropriate equipment and manual labour for unloading the Goods. 7.3 If the Company delivers to the Customer a quantity of Goods of up to 5% more or less than the quantity ordered the Customer shall not be entitled to object to or reject the Goods or any of them by reason of the surplus or shortfall and shall pay for surplus Goods at the per product price on the relevant invoice. 7.4 The Customer shall advise the carrier and the Company within seven days of receipt of the Company’s advice note if the Goods covered by the advice note have not been delivered, or within two days of actual delivery if damage, pilferage or shortage is revealed upon receipt of Goods. The Customer may only make a claim for Goods lost or damaged in transit, or for shortages in actual delivery within fourteen days from the date of actual delivery of the Goods. 7.5 Any liability of the Company either for breach of warranty or otherwise, including for non-delivery of the Goods or damage to Goods in transit notified in accordance with clause 7.4 shall be limited to replacing the Goods within a reasonable time or issuing a credit note against any invoice raised for such Goods for the proportionate part of the price.
Sample 1Sample 2
Delivery and Claims. A. The quoted shipment schedule is non-binding. The shipment schedule will be set at time of order, and is contingent upon BUYER supplying a clear scope of supply, all technical information, and any required downpayment. A new delivery date may be required, depending on any technical or scope changes requested after the order date, or delays in receiving payments according to agreed dates. B. GLASSLINE shall not be liable for delays in delivery caused by any reason beyond GLASSLINE's control, including, but not limited to, force majeure, supplier failure, any interruption of GLASSLINE facilities, or any act of any government, or licensing authority. C. Unless otherwise noted in the quotation, all shipments are ex-works GLASSLINE Perrysburg, Ohio plant. BUYER bears all risks of loss or damage to the EQUIPMENT from the time the EQUIPMENT has been placed at the disposal of Buyer at GLASSLINE, whether shipping is arranged by BUYER or on behalf of BUYER by GLASSLINE. In any case, shipments shall be made strictly according to Incoterms 2000. D. After the EQUIPMENT is placed at the required transfer point for BUYER, GLASSLINE neither assumes responsibility for nor authorizes any expenses, including electrical work, plumbing, compressed air supply, millwright work, extensions/additions, or materials necessary for the set up and operation of the EQUIPMENT in BUYER's plant or elsewhere. It remains the BUYER’s responsibility to meet all federal, state and local codes and regulations. E. Claims for shipping damage, concealed or otherwise, are the responsibility of BUYER and should be taken up with the delivering carrier within the stated time allowed for claims. Claims for shipping shortages will not be allowed, unless reported to GLASSLINE within 10 days of shipment.
Sample 1Sample 2
Delivery and Claims. For all purposes of this Agreement, title and risk of loss shall pass to Buyer, and delivery shall be deemed completed, upon Lumenis’ tender of the Equipment to a common carrier. All shipments are fully insured for the benefit, and at the expense, of Buyer. In the event of loss or damage in transit, Buyer’s payment obligations will not be affected and Lumenis will act as Buyer’s agent in making any necessary insurance claim. All delivery dates are approximate. Lumenis will deliver in one shipment when possible, but reserves the right to make delivery in installments, if necessary.
Sample 1Sample 2
Delivery and Claims. For all purposes of this Agreement, title and risk of loss passes to Buyer and delivery is complete upon Seller’s tender of the Equipment to a common carrier (“Delivery”). All shipments are insured for the benefit and at the expense of Buyer. In the event of loss in transit, Buyer’s payment obligations will not be affected and Seller will act as Xxxxx’s agent in making any necessary insurance claim. All delivery dates are approximate. Seller will deliver in one shipment when possible, but reserves the right to make delivery in installments.
Sample 1
Delivery and Claims 
Sample 1

Related to Delivery and Claims

  • Confirmation of Representations and Warranties Each Borrower hereby (a) confirms that all of the representations and warranties set forth in Article IV of the Loan Agreement are true and correct with respect to such entity (except to the extent such representation or warranty relates to a particular date, in which case, such confirmation relates to such date), and (b) specifically represents and warrants to Lender that it has good and marketable title to all of its Collateral, free and clear of any lien or security interest in favor of any other person or entity.

  • Confirmation of Representations Borrower shall deliver, in connection with any Securitization, (a) one or more Officer’s Certificates certifying as to the accuracy of all representations made by Borrower in the Loan Documents as of the date of the closing of such Securitization in all relevant jurisdictions, and (b) certificates of the relevant Governmental Authorities in all relevant jurisdictions indicating the good standing and qualification of Mortgage Borrower, Senior Mezzanine Borrower, Borrower and Holdings as of the date of the Securitization.

  • Survival of Representations All representations and warranties of the Borrower contained in this Agreement shall survive delivery of the Notes and the making of the Loans herein contemplated.

  • Certificate of Representations and Warranties The certificate required by Section 3.2(b).

  • Indemnification of the Underwriters The Company agrees to indemnify and hold harmless each Underwriter, its affiliates, directors and officers and each person, if any, who controls such Underwriter within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, from and against any and all losses, claims, damages and liabilities (including, without limitation, reasonable legal fees and other reasonable expenses incurred in connection with any suit, action or proceeding or any claim asserted, as such fees and expenses are incurred), joint or several, that arise out of, or are based upon, (i) any untrue statement or alleged untrue statement of a material fact contained in the Registration Statement or caused by any omission or alleged omission to state therein a material fact required to be stated therein or necessary in order to make the statements therein, not misleading, or (ii) any untrue statement or alleged untrue statement of a material fact contained in the Prospectus (or any amendment or supplement thereto), any Issuer Free Writing Prospectus, any “issuer information” filed or required to be filed pursuant to Rule 433(d) under the Securities Act, any Written Testing-the-Waters Communication, any road show as defined in Rule 433(h) under the Securities Act (a “road show”) or any Pricing Disclosure Package (including any Pricing Disclosure Package that has subsequently been amended), or caused by any omission or alleged omission to state therein a material fact necessary in order to make the statements therein, in light of the circumstances under which they were made, not misleading, in each case except insofar as such losses, claims, damages or liabilities arise out of, or are based upon, any untrue statement or omission or alleged untrue statement or omission made in reliance upon and in conformity with any information relating to any Underwriter furnished to the Company in writing by such Underwriter through the Representatives expressly for use therein, it being understood and agreed that the only such information furnished by any Underwriter consists of the information described as such in subsection (b) below.

  • Survival of Representations and Warranties All representations and warranties made hereunder and in any other Loan Document or other document delivered pursuant hereto or thereto or in connection herewith or therewith shall survive the execution and delivery hereof and thereof. Such representations and warranties have been or will be relied upon by the Administrative Agent and each Lender, regardless of any investigation made by the Administrative Agent or any Lender or on their behalf and notwithstanding that the Administrative Agent or any Lender may have had notice or knowledge of any Default at the time of any Credit Extension, and shall continue in full force and effect as long as any Loan or any other Obligation hereunder shall remain unpaid or unsatisfied or any Letter of Credit shall remain outstanding.

  • Expiration of Representations and Warranties All representations and warranties made pursuant to this Merger Agreement shall expire with, and be terminated and extinguished by, the mergers at the Closing Date.

  • Incorporation of Representations and Warranties The representations and warranties of the Tenant and its Affiliated Persons set forth in the Transaction Documents are true and correct on and as of the date hereof in all material respects.

  • Survival of Representation and Warranties Except as expressly set forth herein, none of the representations, warranties, covenants and agreements made by Stockholder, Saturn or Merger Sub in this Agreement will survive the Closing hereunder.

  • Enforcement of Representations and Warranties The Servicer, on behalf of and subject to the direction of the Indenture Trustee, as pledgee of the Mortgage Collateral, or the Credit Enhancer, shall enforce the representations and warranties of the Seller pursuant to the Mortgage Loan Purchase Agreement. Upon the discovery by the Seller, the Servicer, the Indenture Trustee, the Credit Enhancer, the Company or any Custodian of a breach of any of the representations and warranties made in the Mortgage Loan Purchase Agreement, in respect of any Mortgage Loan which materially and adversely affects the interests of the Securityholders or the Credit Enhancer, the party discovering such breach shall give prompt written notice to the other parties (any Custodian being so obligated under a Custodial Agreement). The Servicer shall promptly notify the Seller of such breach and request that, pursuant to the terms of the Mortgage Loan Purchase Agreement, the Seller either (i) cure such breach in all material respects within 45 days (with respect to a breach of the representations and warranties contained in Section 3.1(a) of the Mortgage Loan Purchase Agreement) or 90 days (with respect to a breach of the representations and warranties contained in Section 3.1(b) of the Mortgage Loan Purchase Agreement) from the date the Seller was notified of such breach or (ii) purchase such Mortgage Loan from the Company at the price and in the manner set forth in Section 3.1(b) of the Mortgage Loan Purchase Agreement; PROVIDED that the Seller shall, subject to the conditions set forth in the Mortgage Loan Purchase Agreement, have the option to substitute an Eligible Substitute Mortgage Loan or Loans for such Mortgage Loan. In the event that the Seller elects to substitute one or more Eligible Substitute Mortgage Loans pursuant to Section 3.1(b) of the Mortgage Loan Purchase Agreement, the Seller shall deliver to the Company with respect to such Eligible Substitute Mortgage Loans, the original Mortgage Note, the Mortgage, and such other documents and agreements as are required by the Mortgage Loan Purchase Agreement. No substitution will be made in any calendar month after the Determination Date for such month. Payments due with respect to Eligible Substitute Mortgage Loans in the month of substitution shall not be transferred to the Company and will be retained by the Servicer and remitted by the Servicer to the Seller on the next succeeding Payment Date provided a payment has been received by the Company for such month in respect of the Mortgage Loan to be removed. The Servicer shall amend or cause to be amended the Mortgage Loan Schedule to reflect the removal of such Mortgage Loan and the substitution of the Eligible Substitute Mortgage Loans and the Servicer shall promptly deliver the amended Mortgage Loan Schedule to the Owner Trustee and Indenture Trustee. It is understood and agreed that the obligation of the Seller to cure such breach or purchase or substitute for such Mortgage Loan as to which such a breach has occurred and is continuing shall constitute the sole remedy respecting such breach available to the Company and the Indenture Trustee, as pledgee of the Mortgage Collateral, against the Seller. In connection with the purchase of or substitution for any such Mortgage Loan by the Seller, the Company shall assign to the Seller all of the right, title and interest in respect of the Mortgage Loan Purchase Agreement applicable to such Mortgage Loan. Upon receipt of the Repurchase Price, or upon completion of such substitution, the applicable Custodian shall deliver the Mortgage Files to the Servicer, together with all relevant endorsements and assignments.