DELIVERY AND OWNERSHIP Sample Clauses

DELIVERY AND OWNERSHIP. D.1.1. Hardware has been delivered to the Client if it has been delivered to the delivery address specified by the Client in the order and this delivery is accepted by the Client, unless otherwise agreed upon between the Client and the Contractor.

DELIVERY AND OWNERSHIP. 5.1 Unless stated otherwise in the quotation, the ownership of and risk in and to the Goods shall pass to the Customer on Delivery. 5.2 The Supplier agrees to indemnify the Customer and/or its subcontractors against liability for loss and/or damage caused, including consequential loss or damages, to any person and/or property of the Customer in effecting Delivery. 5.3 A signed delivery note with an official stores stamp shall be the only acceptable proof of Delivery. 5.4 Acceptance of Services shall be signed off for acceptance by an authorised individual of the Customer. 5.5 Delivery dates provided for in an Order shall be adhered to by the Supplier. 5.6 The Customer reserves the right to adjust payment terms where Deliveries are incorrectly effected.

DELIVERY AND OWNERSHIP. 1. Delivery shall be effected carriage paid at the agreed delivery address, including payable duties (Delivered Duty Paid according to Incoterms 2010), and shall be unloaded at the location(s) to be specified by the Principal. The transport at the construction site and the unloading shall be at the expense and risk of the Contractor. 2. The ownership of goods forming part of the Performance shall pass from the Contractor to the Principal upon delivery at the delivery address specified by the Principal, or, if and insofar as the Principal pays the Contractor before delivery of such goods, on the date of payment, as a result of which the Contractor or a third party possessing the goods shall keep the goods for and on behalf of the Principal. The Contractor guarantees that each ownership transfer constitutes a transfer of the unencumbered ownership. 3. If and insofar as transition of ownership takes place before delivery at the delivery address, the Contractor shall store the relevant goods as of the transition of ownership on a designated location within the company of the Contractor (the “Storage Location”), separated from other goods located in the company of the Contractor, and shall label the goods as property of the Principal and inform the Principal as soon as the relevant goods have been stored on the Storage Location. As long as the relevant goods are stored within its company, the Contractor shall bear the risk of loss and theft of such goods and shall take out adequate insurance cover. The Contractor shall submit copies to the Principal, upon its first request, of the relevant insurance policies as well as proof of payment of the insurance premium. 4. Transition of ownership shall not imply any approval of the Performance by the Principal. 5. Equipment made available by the Principal is and shall remain property of the Principal under all circumstances and shall be labelled and separated as such by the Contractor in a manner that is easy to identify for third parties. The Equipment shall be deemed to be in good working order upon receipt by the Contractor and in accordance with the requirement specifications, unless the Contractor complains in writing within 10 days after receipt. 6. The Contractor may not use equipment made available by the Principal, nor allow or enable third parties to use it for or in connection with any other purpose than execution of the Performance.

DELIVERY AND OWNERSHIP. 4.1 Delivery will be made at the delivery place nominated by you as soon as is reasonably possible after any order is placed for goods by you, or as is agreed to in writing between you and the Company, provided that you provide the necessary facilities to off-•‐load the goods and will be in a position to accept the goods at the stipulated time. 4.2 You will bear all freight and delivery costs. 4.3 The Company shall use its reasonable endeavours to deliver the goods on the specified date but shall not be bound or held liable by any failure to effect delivery on such date. 4.4 Delivery may take place by the Company or by a carrier nominated by the Company, or by way of collection by you or on your behalf of the goods from the Company’s premises. 4.5 If the Company cannot deliver or supply some or any of the goods for any reason whatsoever, the Company shall have the right to execute the order at the earliest possible date after being in a position to do so. 4.6 Any delivery date is approximate only and the Company shall not be bound by any date specified in any invoice, but shall make a reasonable effort to deliver the goods by the specified date. 4.7 There will be no charge where the goods are collected by you or on your behalf from the Company’s premises. 4.8 The Company’s delivery note signed by you or your employees or agent shall constitute proof, that the goods delivered thereunder are accorded with the type and quality reflected thereon with that order. The onus shall be on you to prove the contrary. 4.9 Ownership of all goods delivered shall pass to you when the purchase price has been paid in full.

DELIVERY AND OWNERSHIP. You must obtain delivery of the Equipment on the date you require it and must notify us on the date you obtain delivery. We are not liable for, and nor is this Agreement affected by, any delay in delivery or refusal to deliver unless we are unreasonably responsible for it. The Equipment always remains our property. You only have a right to use it.

DELIVERY AND OWNERSHIP. The Crude will be loaded at the Delivery Point. The Crude’s ownership and risk will pass from SELLER to BUYER when the Crude passes the inlet flange to the tank of the tanker truck being loaded. All the Crude delivered to BUYER (or to the entity designated by BUYER to transport the Crude) and duly loaded will be deemed transferred to BUYER and therefore SELLER will be entitled to issue the corresponding invoice and BUYER will be obligated to pay the delivered amounts of Crude. Any loss suffered after the ownership and risk are transferred to BUYER pursuant to this Clause 8 will be directly assumed by BUYER and BUYER shall have no claim or appeal against SELLER and shall hold SELLER harmless from any loss or damage caused. The Crude and its derivatives shall not be re-sold or supplied, directly nor indirectly, to any country, territory or company in which such sale or supply is a breach of applicable law, regulations and / or rulings.

DELIVERY AND OWNERSHIP. (a) The Supplier shall: (i) promptly notify the Purchaser in writing as soon as the Supplier is aware of Delivery being delayed; (ii) bear all costs of packaging, freight, insurance and all charges and expenses associated with the Delivery of the Goods; (iii) provide the Purchaser with such reports as prescribed in the Specification (in terms of content, format and frequency); and (iv) do all things necessary to fulfil its obligations under this Agreement and any Purchase Order Contract. (b) Where the Purchaser requires the Goods to be delivered in stages: (i) the Purchaser will complete the Delivery Schedule; (ii) those parts of or items of Goods which have been specified in the Delivery Schedule as relating to a particular stage must be delivered on the Date for Delivery specified for that stage in the Delivery Schedule; and (iii) all other obligations under this Agreement and the relevant Purchase Order Contract in relation to Delivery must be performed by the latest Date for Delivery specified in the Delivery Schedule. (c) The Purchaser is not bound to accept Delivery of the Goods at a date or time earlier than the Date for Delivery, and may elect to return the Goods to the Supplier, or hold the Goods at the Supplier's risk, cost and expense. (d) Unless otherwise directed, the Goods must be unloaded at the Delivery Point by the Supplier in accordance with all Laws. The Purchase Price includes all costs of Delivery of the Goods. (e) The Supplier must, at its own risk, cost and expense, handle all imported Goods (or part(s) of the Goods) at the point(s) of import (if any) and any formalities for customs clearance, and if any Law requires any application or act to be made by the Purchaser or in its name, the Supplier must assist the Purchaser to comply with that Law. (f) Delivery is not complete until the Goods have achieved Acceptance in accordance with this Agreement. (g) Ownership of the Goods Delivered by the Supplier shall immediately pass to the Purchaser upon the earlier of: (i) Delivery of the Goods; or (ii) payment of the Purchase Price. (h) Despite any payment by the Purchaser, or any taking of Delivery of the Goods by the Purchaser, the Goods and Acceptance of the Goods remain subject to inspection and testing of the Goods in accordance with clauses 6 and 8, and the Specification, such inspection and testing which must be to the Purchaser’s absolute satisfaction.

DELIVERY AND OWNERSHIP. 2.1. Products shall be delivered in accordance with the Order. Unless otherwise agreed in the Order, Products shall be delivered EXW Kalmar factory or warehouse (Incoterms 2020). Kalmar shall not be liable for any damages towards the Customer due to deliveries made within a reasonable time before the agreed delivery date. If the Customer fails to take delivery, Kalmar may store the Products at the Customer's cost. 2.2. If the Parties have agreed upon a specific date for the Delivery and Kalmar is delayed in completion of the Delivery due to a reason solely attributable to Kalmar, and provided that the Customer has suffered damage, the Customer shall be entitled to liquidated damages, as its sole and exclusive remedy for such a delay, in the amount of 0.5 percent of the value of the delayed Products for each full week of delay. Liquidated damages shall not exceed 5 percent of the value of the delayed Products. 2.3. Ownership of the Products shall transfer from Kalmar to the Customer upon full payment of the Price. Until full payment of the Price, Kalmar shall be entitled to retake the possession of the Products. Risk of damage to or loss of the Products shall transfer from Kalmar to the Customer in accordance with the applicable delivery term. 2.4. Delivery is deemed accepted if the Customer does not report a fault to Kalmar within 14 days after the Delivery.

DELIVERY AND OWNERSHIP. 3.1 The vehicle shall be delivered to the Purchaser on (day, month, year). Ownership of the vehicle is transferred to the Purchaser on delivery of the vehicle. The Seller hereby guarantees that he/she is the current owner of the vehicle. 3.2 The Seller shall, together with the delivery of the vehicle, hand over all documents that will enable the Purchaser to register the vehicle in his/her name. 3.3 The Seller further undertakes to give his/her cooperation so that the vehicle can be registered in the name of the Purchaser.

DELIVERY AND OWNERSHIP. 4.1 Notwithstanding delivery of the Product to the Customer, ownership of the Product remains vested in the Company until the Customer has paid all amounts he/she/it owes to the Company. 4.2 The risk in the Product shall pass to the Customer upon delivery thereof to the Customer. 4.3 The Product shall be deemed to be delivered to the Customer once the Product is handed to the cartage contractor (where the Customer uses the services of a transporter), or once the Product is collected by the Customer, or when the Product is handed to the Customer, or his/ her/its employee, agent or representative. 4.4 The Customer acknowledges that any person who alleges that he/she acts on behalf of the Customer and is therefore authorised to take delivery of the Product on behalf of Customer, shall be deemed to have the authority to take the Product into his/her possession and the Customer waives any claim or defense which he/she/it may have against the Company, should the Company release the Product to such a person. 4.5 The signature of the Customer, his/her/its employee, agent, representative or a person referred to in clause 4.4 above, of the Company’s delivery advise or similar documentation, will be prima facie proof of the delivery of the Product in a good condition to the Customer. 4.6 The Company shall endeavour to deliver the Product to the Customer timeously, however, it is agreed that the time of delivery is not material to this Agreement and the Company will incur no liability as a result of any failure by it to deliver the Product within a specified period of time. 4.7 The Customer will advise the Company of the full name and address of the landlord where the Products are kept within seven (7) days of its signature hereof in order that the Company may notify the landlord of its ownership in the Product. Should the Customer fail to so notify the Company, the Customer hereby indemnifies and holds the Company harmless against any action or claim by the landlord in respect of the Products. 4.8 The Customer shall automatically be liable to pay the Company a handling fee of 10% of the invoice price of any Product returned by the Customer to the Company, should the Company (in its sole discretion) elect to accept the return of any Product and credit the Customer therefore. Such a handing fee will be set off against the amount credited to the Customer. 4.9 Should there be a change in the control of the Customer or a change of the Customer’s name, the Customer underta...