Common use of Delivery and Risk of Loss Clause in Contracts

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 facility are both located in the 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 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 Seller to manufacture the goods and perform the services, and time is not of the essence. Seller shall not incur any liability, direct or indirect, nor shall any order be canceled because or as a result of any delays in meeting such dates or schedules. Seller reserves the right to recalculate any projected shipping, delivery or performance dates upon receipt of Buyer’s order. Seller may ship all the goods at one time or in portions from time to time. Seller shall have the right to determine the method of shipment and routing of the goods, unless otherwise stated in Seller’s quotation or acknowledgment. Seller shall not be 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.

Appears in 1 contract

Samples: Terms of Sale

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Delivery and Risk of Loss. Unless Seller agrees otherwise in writing, Seller shall deliver the goods EXW (Incoterms 2000lncoterms 2020) Seller’s 's facility from which the goods will be shipped, except that if Seller’s facility and Buyer’s facility are both located in the United States, then Seller shall deliver the goods F.O.B. (Uniform Commercial Code term) Seller’s facility. In either case, risk Risk of loss of the goods shall pass to Buyer upon identification of the goods delivery, as stated above, or movement to the contract between Buyer and Sellerstorage. Shipping, delivery and performance dates are estimates only, calculated from the date of receipt of Buyer’s 's order and complete drawings, specifications, designs, samples and other information reasonably requested by Seller to manufacture the goods and perform the services, and time is not of the essence. Seller shall not incur any liability, direct or indirect, nor shall any order be canceled because or as a result of any delays in meeting such dates or schedules. Seller reserves the right to recalculate any projected shipping, delivery or performance dates upon receipt of Buyer’s 's order. Seller may ship all the goods at one time or in portions from time to time. Seller shall have the right to determine the method of shipment and routing of the goods, unless otherwise stated in Seller’s 's quotation or acknowledgment. Seller shall not be responsible or liable for a delay in the The quoted delivery of goods to Buyer that is due to a late delivery by Buyer of critical items needed for the design, fabrication time and manufacture schedules depend upon prompt agreement on complete definition of the goods detailed scope of supply and receipt of information, including design data, drawing approval and manufacturing release according to the established project schedules. Delays by Seller, including, but not limited to, try out material, checking fixtures, design and quality informationthe Buyer in providing such agreement or information may result in an appropriate adjustment of the Agreement in accordance with Section 7 herein.

Appears in 1 contract

Samples: Terms of Sale

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 facility are both located in the 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 shall pass to Buyer upon identification of the goods to the contract between Buyer Xxxxx and Seller. Shipping, delivery and performance dates are estimates only, calculated from the date of receipt of BuyerXxxxx’s order and complete drawings, specifications, designs, samples and other information reasonably requested by Seller to manufacture the goods and perform the services, and time is not of the essence. Seller shall not incur any liability, direct or indirect, nor shall any order be canceled because or as a result of any delays in meeting such dates or schedules. Seller reserves the right to recalculate any projected shipping, delivery or performance dates upon receipt of BuyerXxxxx’s order. Seller may ship all the goods at one time or in portions from time to time. Seller shall have the right to determine the method of shipment and routing of the goods, unless otherwise stated in Seller’s quotation or acknowledgment. Seller shall not be 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.

Appears in 1 contract

Samples: Terms of Sale

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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 facility are both located in the 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 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 Seller to manufacture the goods and perform the services, and time is not of the essence. Seller shall not incur any liability, direct or indirect, nor shall any order be canceled because or as a result of any delays in meeting such dates or schedules. Seller reserves the right to recalculate any projected shipping, delivery or performance dates upon receipt of Buyer’s order. Seller may ship all the goods at one time or in portions from time to time. Seller shall have the right to determine the method of shipment and routing of the goods, unless otherwise stated in Seller’s quotation or acknowledgment. Seller shall not be 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.

Appears in 1 contract

Samples: Terms of Sale

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