DELIVERY AND PASSING OF TITLE Sample Clauses

DELIVERY AND PASSING OF TITLE. (a) The Supplier shall deliver the Products Ex Works Incoterms 2010 if not otherwise agreed in the Order (the “Delivery Terms”). Timely delivery shall be of the essence for each Order. (b) Title in, and risk of loss or damage to a Product, shall pass to the Purchaser in accordance with the Delivery Terms. The Products shall be appropriately packed in accordance with the Purchaser’s instructions. (c) If the Supplier fails to meet a confirmed delivery date, the Purchaser may, at its sole discretion and without prejudice to any other remedies; (i) request that the Supplier expedite the delivery per the Purchaser’s instruction at no charge; and/or (ii) cancel the undelivered portion of such Order at no charge; and/or (iii) terminate this Purchase Agreement in accordance with Section 14(b)(iii). Furthermore, the Supplier shall be liable to pay liquidated damages to the Purchaser at the rate of five (5) % of the Order value for each commenced week of delay subject to a maximum aggregate equal to fifty (50) % of the Order value. Payment of the liquidated damages shall be made upon demand of the Purchaser or, at the Purchaser’s option, through set-off against amounts subsequently invoiced by the Supplier. The parties intend that liquidated damages constitute compensation, and not a penalty. The parties acknowledge and agree that the Purchaser’s harm caused by Supplier’s failure to meet a confirmed delivery date would be impossible or very difficult to accurately estimate at the time of contract, and that the liquidated damages are a reasonable estimate of the anticipated or actual harm that might arise from such a failure. The Supplier's payment of the liquidated damages is the Supplier’s sole liability and entire obligation and the Purchaser’s exclusive remedy for such delay.
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DELIVERY AND PASSING OF TITLE. (a) The Supplier shall deliver the Products FCA Incoterms 2020 if not otherwise agreed in the Order (the “Delivery Terms”). Timely delivery shall be of the essence for each Order. (b) Title in, and risk of loss or damage to a Product, shall pass to the Purchaser in accordance with the Delivery Terms. The Products shall be appropriately packed in accordance with the Purchaser’s instructions. (c) If the Supplier fails to meet a confirmed delivery date, the Purchaser may, at its sole discretion and without prejudice to any other remedies; (i) request that the Supplier expedite the delivery per the Purchaser’s instruction at no charge; and/or (ii) cancel the undelivered portion of such Order at no charge; and/or
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DELIVERY AND PASSING OF TITLE. (a) The Supplier shall deliver the Products under the conditions of Ex Works according to Incoterms 2010 unless otherwise agreed in the Order (the “Delivery Terms”). Timely delivery shall be of the essence for each Order. (b) Title in, and risk of loss or damage to a Product, shall pass to the Purchaser in accordance with the Delivery Terms. The Products shall be appropriately packed in accordance with the Purchaser’s instructions. (c) If the Supplier fails to meet a confirmed delivery date, the Purchaser may, at their sole discretion and without prejudice to any other legal measures; (i) request that the Supplier expedite the delivery per the Purchaser’s instruction at no charge; and/or (ii) cancel the undelivered portion of such Order at no charge; and/or (iii) terminate this Purchase Agreement in accordance with clause 14(b)(iii). Furthermore, the Supplier shall be liable to pay liquidated damages to the Purchaser at the rate of 5% of the Order value for each commenced week of delay subject to a maximum aggregate equal to fifty percent (50%) of the Order value. Payment of the liquidated damages shall be made upon demand of the Purchaser or, at the Purchaser’s discretion, the amount corresponding to the amount of liquidated damages may be deduced from the amounts invoiced by the Supplier and shall not restrict the Purchaser from making other claims.
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DELIVERY AND PASSING OF TITLE. 7.1 The Supplier shall deliver the Products to the Purchaser no earlier than after the expiry of a Minimum Order Lead Time from the date of the Order, on the Applicable Delivery Date. 7.2 Title in, and risk of loss or damage to, a Product shall pass to the Purchaser upon receipt of the Product at the Premises. 7.3 Upon receipt of any Product, the Purchaser shall − 7.3.1 sign and complete a delivery note; and 7.3.2 in the ordinary course of its business operations but without undue delay, perform a reasonable incoming control with regard to the identity, quantity and external appearance of all Products and shall report any apparent deviations or apparent defects to the Supplier as soon as reasonably possible. Deviations or defects that are not immediately recognisable upon such incoming control shall be notified to the Supplier upon their detection without undue delay. If the Purchaser does not notify the Supplier of any defects in the Products, the Products shall be deemed to have been delivered in good order and condition unless the contrary can be proved. 7.4 Notwithstanding anything to the contrary contained herein or in any Order, time shall not be of the essence in respect of the delivery of any Products.
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DELIVERY AND PASSING OF TITLE. 7.1 The agreed delivery term shall be construed in accordance with Incoterms 2020. Unless otherwise agreed, the delivery clause shall be "FCA", the Supplier's factory or named point specified in the Purchase Order. 7.2 The Supplier shall pack the Products in accordance with instructions issued by Thermia. 7.3 Unless otherwise set out in the Purchase Order, title in the Products will pass to Thermia at the same time as the risk will pass to Thermia according to section 7.1. 7.4 Upon passing of title in the Products to Thermia, Thermia shall have the right to use or otherwise dispose over such Products in its full and absolute discretion, which shall include, for the avoidance of doubt, the unrestricted right to re-sell such Products to any person or entity.
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Related to DELIVERY AND PASSING OF TITLE

  • Delivery and Documents 13.1 Subject to GCC Sub-Clause 33.1, the delivery of the Goods and completion of the Related Services shall be in accordance with the List of Goods and Delivery Schedule specified in the Supply Requirements. The details of shipping and other documents to be furnished by the Supplier are specified in the SCC.

  • Retention of Title Supplied Goods shall remain Seller’s property until fulfillment by Customer of its payment obligations as described above. As such: (a) If Goods are processed combined, and/or mixed by Customer with other goods belonging to him, then Xxxxxx has the entire ownership on the new goods. If Goods are processed, combined, and/or mixed by Customer with other goods belonging to other suppliers, then Seller has a joint ownership right in the whole value of the new goods with such suppliers. In such case, Seller’s ownership shall be calculated on the basis of the ratio of the invoiced value of the Goods to the invoiced value of all goods, which were used for manufacturing the new goods. (b) As long as Customer is not in default and provided that it reserves its property rights, Customer is exclusively entitled to resell Goods in the ordinary course of business. Use of Goods for executing service contracts and contracts for work, labour and material is herein regarded as a resale. (c) Customer’s receivables arising out of the resale of Goods are already assigned, for security purposes, exclusively to Seller. Customer is entitled to collect the receivables from reselling, unless Xxxxxx withdraws the direct debit authorization in case of any doubt about Customer’s solvency and/or financial credibility or if Customer is in arrears on any of its payments. In the event Xxxxxx withdraws the direct debit authorization, Customer is obliged (i) to inform its clients immediately about the assignment to Seller and that Seller is the owner of Goods, (ii) and to give Seller all information and documents necessary in order to establish and confirm Seller’s rights with respect to third parties. Customer shall be obligated to inform Seller without delay about any garnishment and/or any other actions adversely affecting the Goods undertaken by third parties. If the value of the existing security interests obtained by Customer for the benefit of Seller exceeds in total more than 20 % the total invoiced amount of the contractual debt of Customer, Seller is obliged, upon Customer’s request, to release Goods selected by Seller. (d) Customer shall have the sole liability for, and shall bear all risks and costs associated with the unloading, correct handling and suitable storage of Goods and/or the new goods as described in Article 6 a) above. Moreover, Customer undertakes (i) to take a general liability all risks insurance policy, at its own cost, including coverage as to the deterioration and/or theft of all or a part of Goods and/or of the new goods and (ii) provide to Seller, at its first request, a certificate confirming both such insurance coverage and the payment of the insurance premium related thereto.

  • PARTICULARS OF TITLE Strata title of the subject property has been issued by the relevant authority. STRATA TITLE/LOT NO: Geran 76324/M1/18/57 Xxx 00000 Xxxxxxx 00, Xxxxxx xxx Xxxxxxxx xx Xxxxx Xxxxxx, State of Wilayah Persekutuan Kuala Lumpur FLOOR AREA: (Unit) Approximately 140 square metres (1,507 square feet) VENDOR (DEVELOPER): Perspektif Vista Sdn. Bhd. ENCUMBRANCE: Assigned to HSBC Bank Malaysia Berhad TENURE: Freehold EXPRESS CONDITION: “Tanah ini hendaklah digunakan untuk bangunan kediaman bagi tujuan kondominium sahaja” LOCATION AND DESCRIPTION OF THE PROPERTY: The subject property is a three (3) bedroom condominium unit identified as Developer’s Parcel No: 17-1, Storey No. 17, Mirage Residence and bearing postal address of Unit No. 17-1, Mirage Residence, Xx. 00, Xxxxx Xxx Xxxx Xxxx, 50450 Kuala Lumpur. RESERVE PRICE: The subject property will be sold on an “as is where is basis” and subject to a reserve price of RM1,215,000.00 (RINGGIT MALAYSIA ONE MILLION TWO HUNDRED AND FIFTEEN THOUSAND ONLY) and subject to the Conditions of Sale and by way of an Assignment from the above Assignee subject to the approval being obtained by the Purchaser from the relevant authorities if any, including all terms, conditions, stipulations and covenants which were and may be imposed by the relevant authorities. Subject to the terms and conditions stated in the Conditions of Sale, any arrears of quit rent, assessments, service/maintenance charges and any other outgoings which may be lawfully due to the relevant authorities up to the date of successful sale of the subject property shall be paid out of the purchase money. All other fees, costs and charges relating to the transfer and assignment of the property shall be borne solely by the successful Purchaser. All intending bidders are required to deposit 10% of the fixed reserve price for the said property by Bank Draft or Cashier’s Order only in favour of HSBC BANK MALAYSIA BERHAD on the day of auction sale and the balance of the purchase money shall be paid by the Purchaser within ninety (90) days from the date of auction sale to HSBC BANK MALAYSIA BERHAD, failing which the deposit shall be forfeited by the Assignee/Bank at its absolute discretion. Online bidders are further subject to the Terms and Conditions on xxxx.xxxxxxxx.xxx.xx.

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