Common use of Delivery and Risk of Loss Clause in Contracts

Delivery and Risk of Loss. Buyer’s production schedules and warranties to its customers are dependent upon the agreement that deliveries of the goods covered by this Purchase Order will occur on the required delivery dates shown on the face hereof. Therefore, time is of the essence. Seller shall be responsible for all damages of any kind incurred or suffered by Buyer which were caused by any delay of Seller in making deliveries of acceptable supplies. Xxxxxx agrees to notify Xxxxx immediately if at any time it appears that Seller may not meet the delivery schedule. Such notification shall include the reasons for the delay, actual or potential, the steps being taken to remedy the constraint and the schedule or a proposed waiver of the delivery schedule in the Purchase Order. Any assistance furnished by Buyer to overcome delays shall not be regarded as waiving Buyer’s remedies for default, including termination rights, if Seller fails to meet the contractual schedule. Unauthorized advance shipments and shipments other than for the quantity ordered are returnable at Seller’s expense. Identification of the goods under Section 2-501 of the Uniform Commercial Code shall occur at the moment Seller accepts this Purchase Order. Seller shall not be excused from performing its obligations hereunder if the goods identified are destroyed. Delivery shall not be deemed complete until the goods have been actually received by Buyer at its facility. The risk of loss and damage in transit shall be upon Seller and shall not pass to Buyer until received at Buyer’s facility in a condition in accordance with the terms of this Purchase Order. The cost of all return shipments shall be borne by Seller.

Delivery and Risk of Loss. Buyer’s production schedules Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and warranties upon Seller's delivery of a shipment to its customers are dependent upon the agreement that deliveries carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the goods covered time required to make shipment or complete services, and Seller does not guarantee delivery or completion by this Purchase Order will occur on the required delivery dates shown on the face hereof. Therefore, time is of the essence. Seller shall be responsible for all damages of a particular date unless otherwise stated herein or in any kind incurred or suffered by Buyer which were caused by any delay of Seller in making deliveries of acceptable supplies. Xxxxxx agrees to notify Xxxxx immediately if at any time it appears that Seller may not meet the delivery schedule. Such notification shall include the reasons for the delay, actual or potential, the steps being taken to remedy the constraint and the schedule or addendum attached hereto. If a proposed waiver of delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the delivery schedule in the Purchase Order. Any assistance furnished by Buyer to overcome delays shall not be regarded as waiving Buyer’s remedies for default, including termination rights, if Seller fails to meet the contractual schedule. Unauthorized advance shipments and shipments other than for the quantity ordered are returnable carrier at Seller’s expense. Identification facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the goods under Section 2-501 carrier shall constitute a bar to any claim of the Uniform Commercial Code shall occur at the moment Seller accepts this Purchase Order. Seller late delivery with respect to such products and (b) Buyer shall not be excused from performing performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its obligations hereunder if damages. Seller may deliver any products subject to an order to the goods identified are destroyed. Delivery carrier at its facility in part and in such event, Buyer shall not be deemed complete until responsible for payment for that part of the goods have been actually order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver. Unless otherwise required by a contract of Buyer at its facility. The risk with a customer of loss and damage in transit shall be upon Seller and Buyer with respect only to products ordered by such customer, Title shall not pass with respect to any products ordered until Buyer makes payment in full thereof. In the alternative, Seller reserves a purchase money security interest in the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until received at Buyer’s facility full payment has been received. Buyer agrees to execute any document appropriate or necessary to perfect Seller's security interest or to acknowledge that title remains with Seller. In the alternative, Seller may file this order as a financing statement and/or chattel mortgage. Buyer agrees that, upon its failure to pay any invoice when due, Seller may immediately foreclose upon and sell, in a condition in accordance with the terms of this Purchase Order. The cost of all return shipments shall be borne manner determined by Seller, any products or property owned by or provided by Buyer to Seller, regardless of whether such products or property are the subject of the unpaid invoice, in order to allow Seller to recover all amounts, including but not limited to interest and penalties, owed by Buyer to Seller.

Delivery and Risk of Loss. Unless Seller agrees otherwise in writing, Seller shall deliver the goods EXW (Incoterms 2000) Seller’s facility from which the goods will be shipped, except that if Seller’s facility and Buyer’s production schedules and warranties to its customers facility are dependent upon both located in the agreement that deliveries United States, then Seller shall deliver the goods F.O.B. (Uniform Commercial Code term) Seller’s facility. In either case, risk of loss of the goods covered shall pass to Buyer upon identification of the goods to the contract between Xxxxx and Seller. Shipping, delivery, and performance dates are estimates only, calculated from the date of receipt of Buyer’s order and complete drawings, specifications, designs, samples and other information reasonably requested by this Purchase Order will occur on Seller to manufacture the required delivery dates shown on goods and perform the face hereof. Thereforeservices, and time is not of the essence. Seller shall not incur any liability, direct or indirect, nor shall any order be responsible for all damages canceled because or as a result of any kind incurred delays in meeting such dates or suffered by Buyer which were caused by schedules. Seller reserves the right to recalculate any delay projected shipping, delivery or performance dates upon receipt of Seller in making deliveries of acceptable suppliesXxxxx’s order. Xxxxxx agrees to notify Xxxxx immediately if at any time it appears that Seller may not meet ship all the delivery schedulegoods at one time or in portions from time to time. Such notification Seller shall include have the reasons for right to determine the delay, actual or potential, the steps being taken to remedy the constraint method of shipment and the schedule or a proposed waiver routing of the delivery schedule goods, unless otherwise stated in the Purchase Order. Any assistance furnished by Buyer to overcome delays shall not be regarded as waiving Buyer’s remedies for default, including termination rights, if Seller fails to meet the contractual schedule. Unauthorized advance shipments and shipments other than for the quantity ordered are returnable at Seller’s expense. Identification of the goods under Section 2-501 of the Uniform Commercial Code shall occur at the moment Seller accepts this Purchase Orderquotation or acknowledgment. Seller shall not be excused from performing its obligations hereunder if responsible or liable for a delay in the delivery of goods to Buyer that is due to a late delivery by Buyer of critical items needed for the design, fabrication, and manufacture of the goods by Seller, including, but not limited to, try out material, checking fixtures, design and quality information. Any delivery date identified are destroyed. Delivery shall not be deemed complete until the goods have been actually received in Seller’s Quotation or otherwise agreed upon by Buyer at its facility. The risk of loss and damage in transit shall be upon Seller and Buyer shall not pass automatically be null and void and/or automatically amended to a later date in time if Buyer until received at Buyer’s facility in a condition fails to timely and properly provide Seller with all required technical data and specifications and other requested information, including approval drawings, special documentation or special components, if applicable, in accordance with the terms of this Purchase Order. The cost of all return shipments shall be borne schedule set forth in Seller’s Quotation or otherwise agreed upon by SellerSeller and Buyer.

Delivery and Risk of Loss. Unless Seller agrees otherwise in writing, Seller shall deliver the goods EXW (Incoterms 2000) Seller’s facility from which the goods will be shipped, except that if Seller’s facility and Buyer’s production schedules and warranties to its customers facility are dependent upon both located in the agreement that deliveries United States, then Seller shall deliver the goods F.O.B. (Uniform Commercial Code term) Seller’s facility. In either case, risk of loss of the goods covered shall pass to Buyer upon identification of the goods to the contract between Buyer and Seller. Shipping, delivery, and performance dates are estimates only, calculated from the date of receipt of Buyer’s order and complete drawings, specifications, designs, samples and other information reasonably requested by this Purchase Order will occur on Seller to manufacture the required delivery dates shown on goods and perform the face hereof. Thereforeservices, and time is not of the essence. Seller shall not incur any liability, direct or indirect, nor shall any order be responsible for all damages canceled because or as a result of any kind incurred delays in meeting such dates or suffered by Buyer which were caused by schedules. Seller reserves the right to recalculate any delay projected shipping, delivery or performance dates upon receipt of Seller in making deliveries of acceptable suppliesBuyer’s order. Xxxxxx agrees to notify Xxxxx immediately if at any time it appears that Seller may not meet ship all the delivery schedulegoods at one time or in portions from time to time. Such notification Seller shall include have the reasons for right to determine the delay, actual or potential, the steps being taken to remedy the constraint method of shipment and the schedule or a proposed waiver routing of the delivery schedule goods, unless otherwise stated in the Purchase Order. Any assistance furnished by Buyer to overcome delays shall not be regarded as waiving Buyer’s remedies for default, including termination rights, if Seller fails to meet the contractual schedule. Unauthorized advance shipments and shipments other than for the quantity ordered are returnable at Seller’s expense. Identification of the goods under Section 2-501 of the Uniform Commercial Code shall occur at the moment Seller accepts this Purchase Orderquotation or acknowledgment. Seller shall not be excused from performing its obligations hereunder if responsible or liable for a delay in the delivery of goods to Buyer that is due to a late delivery by Buyer of critical items needed for the design, fabrication, and manufacture of the goods by Seller, including, but not limited to, try out material, checking fixtures, design and quality information. Any delivery date identified are destroyed. Delivery shall not be deemed complete until the goods have been actually received in Seller’s Quotation or otherwise agreed upon by Buyer at its facility. The risk of loss and damage in transit shall be upon Seller and Buyer shall not pass automatically be null and void and/or automatically amended to a later date in time if Buyer until received at Buyer’s facility in a condition fails to timely and properly provide Seller with all required technical data and specifications and other requested information, including approval drawings, special documentation or special components, if applicable, in accordance with the terms of this Purchase Order. The cost of all return shipments shall be borne schedule set forth in Seller’s Quotation or otherwise agreed upon by SellerSeller and Buyer.

Delivery and Risk of Loss. Unless otherwise agreed in the Purchase Order, Supplier shall ship all Goods to Buyer “DDP Buyer’s production schedules and warranties to its customers are dependent upon the agreement that deliveries of the goods covered by this Purchase Order will occur on the required delivery dates shown on the face hereofDoor Incoterms® 2010”. Therefore, time Time is of the essence. Seller Supplier shall be responsible for all damages of any kind incurred or suffered by Buyer which were caused by any a delay of Seller Supplier in making deliveries of acceptable suppliesmeeting delivery schedules. Xxxxxx Supplier shall also be responsible for all premium logistics cost resulting from Supplier’s inability to meet delivery schedules, including costs incurred in getting Goods to Buyer. Supplier agrees to notify Xxxxx Buyer immediately if at any time in the event it appears that Seller Supplier may not meet the delivery schedule. Such notification schedule and shall include set forth the reasons for the delay, delay (actual or potential), the steps being taken to remedy the constraint delay, and the schedule or a proposed waiver of the delivery schedule in the Purchase Orderthat Supplier believes it will be able to meet. Any assistance furnished by Buyer to overcome delays Such notice shall not be regarded as waiving Buyer’s remedies for default, including termination rights, if Seller fails to meet the contractual schedulerelieve Supplier of any responsibilities in this Contract. Unauthorized advance shipments and shipments other than for the quantity ordered are returnable at SellerSupplier’s expense. Identification of the goods under Section 2-501 of the Uniform Commercial Code shall occur at the moment Seller accepts this Purchase Order. Seller shall not be excused from performing its obligations hereunder if the goods identified are destroyed. Delivery shall not be deemed complete until the goods Goods have been actually received by Buyer at its facility. The risk of loss and damage in transit shall be upon Seller remain with Supplier and shall not pass to Buyer until received at Buyer’s facility and in a condition in accordance compliance with the terms of this Purchase OrderContract. The cost of all return returned shipments shall be borne by SellerSupplier. Unless otherwise agreed in writing, Supplier shall not make any material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Xxxxx’s delivery schedule, except at Supplier’s own risk.

Delivery and Risk of Loss. Unless otherwise agreed in the Purchase Order, Supplier shall ship all Goods to Buyer “DDP Buyer’s production schedules and warranties to its customers are dependent upon the agreement that deliveries of the goods covered by this Purchase Order will occur on the required delivery dates shown on the face hereofDoor Incoterms® 2010”. Therefore, time Time is of the essence. Seller Supplier shall be responsible for all damages of any kind incurred or suffered by Buyer which were caused by any a delay of Seller Supplier in making deliveries of acceptable suppliesmeeting delivery schedules. Xxxxxx Supplier shall also be responsible for all premium logistics cost resulting from Supplier’s inability to meet delivery schedules, including costs incurred in getting Goods to Buyer. Supplier agrees to notify Xxxxx Buyer immediately if at any time in the event it appears that Seller Supplier may not meet the delivery schedule. Such notification schedule and shall include set forth the reasons for the delay, delay (actual or potential), the steps being taken to remedy the constraint delay, and the schedule or a proposed waiver of the delivery schedule in the Purchase Orderthat Supplier believes it will be able to meet. Any assistance furnished by Buyer to overcome delays Such notice shall not be regarded as waiving Buyer’s remedies for default, including termination rights, if Seller fails to meet the contractual schedulerelieve Supplier of any responsibilities in this Contract. Unauthorized advance shipments and shipments other than for the quantity ordered are returnable at SellerSupplier’s expense. Identification of the goods under Section 2-501 of the Uniform Commercial Code shall occur at the moment Seller accepts this Purchase Order. Seller shall not be excused from performing its obligations hereunder if the goods identified are destroyed. Delivery shall not be deemed complete until the goods Goods have been actually received by Buyer at its facility. The risk of loss and damage in transit shall be upon Seller remain with Supplier and shall not pass to Buyer until received at Buyer’s facility and in a condition in accordance compliance with the terms of this Purchase OrderContract. The cost of all return returned shipments shall be borne by SellerSupplier. Unless otherwise agreed in writing, Supplier shall not make any material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Buyer’s delivery schedule, except at Supplier’s own risk.

Delivery and Risk of Loss. Buyer’s production schedules Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and warranties upon Seller's delivery of a shipment to its customers are dependent upon the agreement that deliveries carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the goods covered time required to make shipment or complete services, and Seller does not guarantee delivery or completion by this Purchase Order will occur on the required delivery dates shown on the face hereof. Therefore, time is of the essence. Seller shall be responsible for all damages of a particular date unless otherwise stated herein or in any kind incurred or suffered by Buyer which were caused by any delay of Seller in making deliveries of acceptable supplies. Xxxxxx agrees to notify Xxxxx immediately if at any time it appears that Seller may not meet the delivery schedule. Such notification shall include the reasons for the delay, actual or potential, the steps being taken to remedy the constraint and the schedule or addendum attached hereto. If a proposed waiver of delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the delivery schedule in the Purchase Order. Any assistance furnished by Buyer to overcome delays shall not be regarded as waiving Buyer’s remedies for default, including termination rights, if Seller fails to meet the contractual schedule. Unauthorized advance shipments and shipments other than for the quantity ordered are returnable carrier at Seller’s expense. Identification facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the goods under Section 2-501 carrier shall constitute a bar to any claim of the Uniform Commercial Code shall occur at the moment Seller accepts this Purchase Order. Seller late delivery with respect to such products and (b) Buyer shall not be excused from performing performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Xxxxx refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its obligations hereunder if damages. Seller may deliver any products subject to an order to the goods identified are destroyed. Delivery carrier at its facility in part and in such event, Buyer shall not be deemed complete until responsible for payment for that part of the goods have been actually order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver. Unless otherwise required by a contract of Buyer at its facility. The risk with a customer of loss and damage in transit shall be upon Seller and Buyer with respect only to products ordered by such customer, Title shall not pass with respect to any products ordered until Buyer makes payment in full thereof. In the alternative, Seller reserves a purchase money security interest in the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until received at Buyer’s facility full payment has been received. Xxxxx agrees to execute any document appropriate or necessary to perfect Seller's security interest or to acknowledge that title remains with Xxxxxx. In the alternative, Seller may file this order as a financing statement and/or chattel mortgage. Buyer agrees that, upon its failure to pay any invoice when due, Seller may immediately foreclose upon and sell, in a condition in accordance with the terms of this Purchase Order. The cost of all return shipments shall be borne manner determined by Seller, any products or property owned by or provided by Buyer to Seller, regardless of whether such products or property are the subject of the unpaid invoice, in order to allow Seller to recover all amounts, including but not limited to interest and penalties, owed by Buyer to Seller.

Delivery and Risk of Loss. Unless Seller agrees otherwise in writing, Seller shall deliver the goods EXW (Incoterms 2000) Seller’s facility from which the goods will be shipped, except that if Seller’s facility and Buyer’s production schedules and warranties to its customers facility are dependent upon both located in the agreement that deliveries United States, then Seller shall deliver the goods F.O.B. (Uniform Commercial Code term) Seller’s facility. In either case, risk of loss of the goods covered shall pass to Buyer upon identification of the goods to the contract between Buyer and Seller. Shipping, delivery and performance dates are estimates only, calculated from the date of receipt of Buyer’s order and complete drawings, specifications, designs, samples and other information reasonably requested by this Purchase Order will occur on Seller to manufacture the required delivery dates shown on goods and perform the face hereof. Thereforeservices, and time is not of the essence. Seller shall not incur any liability, direct or indirect, nor shall any order be responsible for all damages canceled because or as a result of any kind incurred delays in meeting such dates or suffered by Buyer which were caused by schedules. Seller reserves the right to recalculate any delay projected shipping, delivery or performance dates upon receipt of Seller in making deliveries of acceptable suppliesBuyer’s order. Xxxxxx agrees to notify Xxxxx immediately if at any time it appears that Seller may not meet ship all the delivery schedulegoods at one time or in portions from time to time. Such notification Seller shall include have the reasons for right to determine the delay, actual or potential, the steps being taken to remedy the constraint method of shipment and the schedule or a proposed waiver routing of the delivery schedule goods, unless otherwise stated in the Purchase Order. Any assistance furnished by Buyer to overcome delays shall not be regarded as waiving Buyer’s remedies for default, including termination rights, if Seller fails to meet the contractual schedule. Unauthorized advance shipments and shipments other than for the quantity ordered are returnable at Seller’s expense. Identification of the goods under Section 2-501 of the Uniform Commercial Code shall occur at the moment Seller accepts this Purchase Orderquotation or acknowledgment. Seller shall not be excused from performing its obligations hereunder if responsible or liable for a delay in the delivery of goods to Buyer that is due to a late delivery by Buyer of critical items needed for the design, fabrication and manufacture of the goods by Seller, including, but not limited to, try out material, checking fixtures, design and quality information. Any delivery date identified are destroyed. Delivery shall not be deemed complete until the goods have been actually received in Seller’s Quotation or otherwise agreed upon by Buyer at its facility. The risk of loss and damage in transit shall be upon Seller and Buyer shall not pass automatically be null and void and/or automatically amended to a later date in time if Buyer until received at Buyer’s facility in a condition fails to timely and properly provide Seller with all required technical data and specifications and other requested information, including approval drawings, special documentation or special components, if applicable, in accordance with the terms of this Purchase Order. The cost of all return shipments shall be borne schedule set forth in Seller’s Quotation or otherwise agreed upon by SellerSeller and Buyer.