Common use of DELIVERY AND PASSING OF TITLE Clause in Contracts

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.

DELIVERY AND PASSING OF TITLE. (a) The Supplier shall deliver the Products under the conditions of Ex Works according to FCA Incoterms 2010 unless 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 Unless otherwise agreed between the parties in writing, if the Supplier fails to meet a confirmed delivery date, the Purchaser may, at their its sole discretion and without prejudice to any other legal measuresremedies; (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 five (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 discretionoption, the amount corresponding to the amount of liquidated damages may be deduced from the through set-off against amounts subsequently invoiced by the Supplier and shall not restrict the Purchaser from making other claims.

DELIVERY AND PASSING OF TITLE. (a) The Supplier shall deliver the Products under the conditions of Ex Works according to Incoterms 2010 unless if not otherwise agreed in the Purchase Agreement or 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 Productthe Products, 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 its sole discretion and without prejudice to any other legal measuresremedies; (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 any 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 five (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 discretionoption, the amount corresponding to the amount of liquidated damages may be deduced from the through set-off against amounts subsequently invoiced by the Supplier and shall not restrict the Purchaser from making other claims.

DELIVERY AND PASSING OF TITLE. (a) The Supplier shall deliver the Products under the conditions of Ex Works according to FCA Incoterms 2010 unless 2020 if not otherwise agreed in the Order (the “Delivery Terms”). Timely delivery shall be Time is 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 its sole discretion and without prejudice to any other legal measures; remedies; (i) request that the Supplier expedite the delivery per the Purchaser’s instruction at no charge; and/or and/or (ii) cancel the undelivered portion of such Order at no charge; and/or and/or (iii) terminate this Purchase Agreement in accordance with clause 14(b)(iii15(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 percent (50%) % of the Order value. Payment of the liquidated damages shall be made upon demand of the Purchaser or, at the Purchaser’s discretionoption, the amount corresponding to the amount of liquidated damages may be deduced from the through set-off against amounts subsequently invoiced by the Supplier and shall not restrict the Purchaser from making other claims.

DELIVERY AND PASSING OF TITLE. (a) The Supplier shall deliver the Products under the conditions of Ex Works according to Incoterms 2010 unless 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 Unless otherwise agreed between the parties in writing, if the Supplier fails to meet a confirmed delivery date, the Purchaser may, at their its sole discretion and without prejudice to any other legal measures; 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 clause 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 percent (50%) % of the Order value. Payment of the liquidated damages shall be made upon demand of the Purchaser or, at the Purchaser’s discretionoption, the amount corresponding to the amount of liquidated damages may be deduced from the through set-off against amounts subsequently invoiced by the Supplier and shall not restrict the Purchaser from making other claims.

DELIVERY AND PASSING OF TITLE. (a) The Supplier shall deliver the Products under the conditions of Ex Works according to FCA Incoterms 2010 unless 2020 if not otherwise agreed in the Order (the “Delivery Terms”). Timely delivery shall be Time is 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 its sole discretion and without prejudice to any other legal measuresremedies; (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)(iii15(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 percent (50%) % of the Order value. Payment of the liquidated damages shall be made upon demand of the Purchaser or, at the Purchaser’s discretionoption, the amount corresponding to the amount of liquidated damages may be deduced from the through set-off against amounts subsequently invoiced by the Supplier and shall not restrict the Purchaser from making other claims.

DELIVERY AND PASSING OF TITLE. (a) The Supplier shall deliver the Products under the conditions of Ex Works according to Incoterms 2010 unless 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 their its sole discretion and without prejudice to any other legal measuresremedies; (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 the Purchase Agreement in accordance with clause 14(b)(iii13(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 percent (50%) % of the Order value. Payment of the liquidated damages shall be made upon demand of the Purchaser or, at the Purchaser’s discretionoption, the amount corresponding to the amount of liquidated damages may be deduced from the through set-off against amounts subsequently invoiced by the Supplier and shall not restrict the Purchaser from making other claims.