DELIVERY AND TITLE. 3.1 The delivery dates and addresses are those in the Order. Time shall be of the essence in respect of the Supplier/Service Provider’s obligations under the Order.
DELIVERY AND TITLE. Prices set forth in this order of this Contract are for shipment according to the following terms: (i) For all shipments Supplier will own the Goods from its manufacturing facility to Buyer’s named place of delivery and title shall not pass and delivery shall not be deemed to occur until Xxxxx has received the Goods at the final destination specified by Buyer. All risk of loss during carriage/transportation shall be the responsibility of Supplier, and the Goods will be considered delivered only upon receipt at Buyer’s facility in conformance with the terms and conditions of this order and risk will only pass to Buyer on delivery. Buyer has no obligation to obtain insurance while the Goods are in transit from the Supplier’s facility to Buyer’s named place of delivery. Supplier will use Buyer’s preferred carrier for transporting the Goods from Supplier’s facility to Buyer’s named place of delivery. (ii) For international shipments, Supplier shall make the Goods available for export fully cleared from customs and shall arrange for delivery of the Goods to the consolidating hub or to Buyer’s specified carrier’s container yard at the port of shipment. Supplier shall obtain all necessary export licenses and authorisations, and shall assume responsibility for all fees and costs associated with export customs formalities and with getting the Goods ready for loading, including but not limited to customs clearance, container yard/container freight station, receiving, terminal handling and documentation fees. Supplier shall be responsible for the costs of checking operations, packaging and appropriate marking which are necessary for the purpose of delivering the Goods. Supplier shall provide, at Supplier’s cost, the delivery order and/or usual transport documents required for Buyer to take delivery of Goods. Supplier shall give Buyer sufficient notice of the dispatch of the Goods and any other notice necessary to take delivery of the Goods. Buyer shall pay for the costs of pre- shipment inspection except when such inspections are required by the country of export. Buyer shall obtain all necessary import licences and authorisations and shall assume responsibility for all fees and costs associated with import customs formalities, including but not limited to import clearance, duties and administrative costs. (iii) With the exception of fees and costs associated with
DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Seller and for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which are shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition and in accordance with normal industry standards.
DELIVERY AND TITLE. All deliveries will be made “EXWORKS” place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.
DELIVERY AND TITLE. Seller shall follow the delivery schedule shown in this Agreement and shall not make deliveries later or substantially earlier than the dates shown. If items are shipped substantially in advance of schedule delivery dates, Buyer may return them at Seller’s expense. If Seller does not adhere to the delivery schedule, Buyer may either agree to a revised delivery schedule or terminate this Agreement for default in accordance with Article 21. Seller shall notify Buyer promptly of any delays or of any actual or potential labor dispute, which is delaying or threatens to delay the timely performance of this Agreement. Such notice shall include all relevant information with respect to such dispute. Time is of the essence in the performance of this Agreement. Subject to Article 30, Buyer may charge Seller for Buyer’s premium transportation costs if necessary to meet Buyer’s contract delivery schedule(s) if Seller cannot meet the agreed upon delivery schedule as set forth in this Agreement. Unless otherwise stated in this Agreement, all Products delivered under this Agreement shall be shipped FOB Destination, and Seller shall prepay all transportations charges. Seller assumes all risk of loss until delivery to locations specified herein. Title of the Products shall pass to Buyer upon acceptance by Buyer of such Products at the delivery locations specified herein, subject to acceptance per Article 7 below. Buyer may return, or store at Seller’s expense, any Products delivered more than ten (10) days in advance of the delivery date specified for such Products unless early delivery is authorized in writing by the Buyer. Buyer shall have no obligation to accept over-shipments. In the event of an over- shipment, Buyer may, at its option: (i) retain Products shipped in excess of the quantities stated in this Agreement, at the price set forth in this Agreement, (ii) return such items to Seller at Seller’s expense, or (iii) place into storage the excess quantities of Products at Seller’s risk and expense. Seller agrees to immediately notify Buyer of any delays in meeting the required delivery schedule and the reasons therefore. In addition to any other remedy Buyer may have under this Agreement, Buyer shall be entitled to deduct an amount equal to five percent (5%) of the invoice amount for each delivery made after the scheduled delivery date. Said deduction is agreed by Buyer and Seller to be liquidated damages resulting from Seller’s late delivery and shall not be constru...
DELIVERY AND TITLE. Unless otherwise stated in a Purchase Order, all goods ordered shall be shipped FCA Seller’s Facility Incoterms 2010, and Buyer shall pay all transportation charges via the Collect account numbers provided per Purchase Order. No insurance charges will be allowed, unless Buyer or Buyer’s Agent otherwise authorizes. Buyer assumes risk of loss upon shipment. Title to the goods shall pass to Buyer upon arrival of such goods at the specified delivery location, subject to Buyer’s acceptance and inspection of the goods in accordance with Article 8, Inspection and Acceptance; Nonconforming Goods, below. Should Seller fail to comply with the delivery schedule, as stated in a Purchase Order or otherwise, Buyer may, in addition to any other rights which Buyer may have, require delivery by the fastest available means at the Seller’s expense. Seller shall prepay and be solely responsible for any transportation charges and assumes risk of loss resulting from any alternate or unauthorized mode of transportation.
DELIVERY AND TITLE. A. The place of delivery for all the Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by truck or rail. All labor and equipment necessary to load trucks or rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle the Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the truck and rail loading facilities in safe operating condition in accordance with normal industry standards.
DELIVERY AND TITLE. Most software Products shall be delivered to Client via electronic download. For those that are not, and for all hardware products, all shipments by Winmill are F.O.B. Origin (Xxxxxxx’x facility or the facilities of any Winmill supplier) and all transportation charges shall be paid by Client in addition to the price of the Products. Subject to Xxxxxxx’x right of stoppage in transit, delivery of the Products to the carrier shall constitute delivery to Client and title and risk of loss shall thereupon pass to Client. Selection of the carrier and delivery route shall be made by Winmill unless specified by Client. Winmill shall use commercially reasonable efforts to initiate shipment and schedule delivery as close as possible to Client’s requested delivery dates. Client acknowledges that delivery dates provided by Winmill are estimates only and that Winmill is not liable for failure to deliver on such dates, provided that Winmill will use commercially reasonable efforts to inform Client of delivery status. Winmill reserves the right to make deliveries in installments. Delivery of a quantity which varies from the quantity specified shall not relieve Client of the obligation to accept delivery and pay for the Products delivered. Delay in delivery of one installment shall not entitle Client to cancel other installments.
DELIVERY AND TITLE a) All products are shipped FCA (Incoterms 2010) seller’s premises. Subject to seller's right of stoppage in transit, delivery of the products to the carrier will constitute delivery to buyer and title and risk of loss will pass to buyer.
DELIVERY AND TITLE. 10.1 Seller shall, at its sole expense, package Containers for delivery in accordance with the specifications set out in Schedule E attached hereto (“Secondary Packaging Information”).
