Common use of Delivery and Risk of Loss Clause in Contracts

Delivery and Risk of Loss. Deliveries of Product shall be made at Purchaser’s sole expense f.o.b. at the terminals or other delivery points selected by Purchaser. If any of the Stations are operated by Dealers on a non-consignment basis, Purchaser shall arrange for transportation of Product and title to, and risk of loss of, all Product delivered at a terminal shall pass from Supplier to Purchaser when such Product is loaded on the transport trucks of Purchaser or Purchaser’s common carrier. If the Product is being delivered by Supplier to Purchaser directly or through Supplier’s hired common carrier, which shall occur in all cases in which Purchaser operates a Station or sells Product at such Station on a consignment basis, then title to, and risk of loss of, all Product delivered at the Stations shall pass from Supplier to Purchaser when such Product is placed in the tank at the Stations. Additionally, if Products are delivered through Supplier’s common carrier, in addition to the Product costs set forth in Section 4 below, Purchaser shall pay to Supplier the actual cost of freight to the Stations after all discounts and rebates are applied, with such payment due to Supplier in accordance with Section 5. Purchaser shall strictly comply with all applicable rules and regulations of terminals and facilities at which Purchaser receives Product from Supplier.

Delivery and Risk of Loss. Deliveries of Product shall be made at Purchaser’s sole expense f.o.b. at the terminals or other delivery points selected by Purchaser. If any of the Stations are operated by Dealers Repurchasers on a non-consignment basis, Purchaser shall arrange for transportation of Product and title to, and risk of loss of, all Product delivered at a terminal shall pass from Supplier to Purchaser when such Product is loaded on the transport trucks of Purchaser or Purchaser’s common carrier. If the Product is being delivered by Supplier to Purchaser directly or through Supplier’s hired common carrier, which shall occur in all cases in which Purchaser operates a Station or sells Product at such Station Repurchaser location on a consignment basis, then title to, and risk of loss of, all Product delivered at the Stations or Repurchaser location shall pass from Supplier to Purchaser when such Product is placed in the tank at the StationsStations or Repurchaser location. Additionally, if Products are delivered through Supplier’s common carrier, in addition to the Product costs set forth in Section 4 below, Purchaser shall pay to Supplier the actual cost of freight to the Stations or Repurchaser location after all discounts and rebates are applied, with such payment due to Supplier in accordance with Section 5. Purchaser shall strictly comply with all applicable rules and regulations of terminals and facilities at which Purchaser receives Product from Supplier.

Delivery and Risk of Loss. (a) Deliveries of Product where Supplier arranges for transportation shall be made at Purchaser’s sole expense f.o.b. at the terminals delivery point. If Purchaser operates a Station or sells Product at such Repurchaser location on a consignment basis (other delivery points selected than to consignment Repurchaser locations supplied by PurchaserGPM Empire), the Product shall be delivered by Supplier to Purchaser directly or through Supplier’s hired common carrier. For consignment Repurchaser locations supplied by GPM Empire, GPM Empire shall arrange for transportation of Product. If any of the Stations are operated by Dealers Repurchasers on a non-consignment basis, Purchaser shall arrange for transportation of Product Product. (b) In all cases, regardless of if Purchaser or Supplier arranges for transportation, and regardless if such location is a Station, a consignment Repurchaser location, or a non- consignment Repurchaser location, title to, and risk of loss of, all Product delivered at a terminal shall pass from Supplier to Purchaser when such Product is loaded on the transport trucks of Purchaser or Purchaser’s common carrier. If the Product is being delivered by Supplier to Purchaser directly or through Supplier’s hired common carrier, which shall occur in all cases in which Purchaser operates a Station or sells Product at such Station on a consignment basis, then title to, and risk of loss of, all Product delivered at the Stations shall pass from Supplier to Purchaser when such Product is placed in the tank at the Stations. Station or the Repurchaser location, as applicable. (c) Additionally, if Products are delivered through Supplier’s common carrier, in addition to the Product costs set forth in Section 4 below, Purchaser shall pay to Supplier the actual cost of freight to the Stations or Repurchaser location after all discounts and rebates are applied, with such payment due to Supplier in accordance with Section 5. Purchaser shall strictly comply with all applicable rules and regulations of terminals and facilities at which Purchaser receives Product from Supplier.