Delivery and Transfer of Title. Unless Buyer takes possession of the products at one of Seller’s locations, products shall be shipped F.O.B. Origins, Seller’s shipping dock, freight pre-paid by Seller and added to the invoice. All title and risk of loss or damage in respect to the products shipped hereunder shall pass to Buyer on delivery to the first common carrier. For products picked up at one of Seller’s locations, title and risk or loss or damage transfers when Buyer takes possession of the products. Products are deemed accepted by Buyer either upon delivery to the carrier or when Buyer takes possession of the products at one of Seller’s stores, or if delivered by Seller then when Products are delivered to Buyer’s location, whichever is applicable. Buyer is responsible for payment of all costs relating to transportation, delivery and insurance. Buyer will be responsible for filing claims relating to any lost or damaged products.
Delivery and Transfer of Title. 3.1 The title of the Designated Product shall be transferred to Buyer after the Designated Product is delivered to Buyer’s location (see attached schedule), and Buyer’s preliminary inspection pursuant to Section 4.2 of this Agreement is complete. Unless Buyer indicates otherwise in the purchase order or other notice in writing, the delivery location shall be Buyer’s rice warehouse.
3.2 Seller shall bear all risks before the title of the Designated Product is transferred to Buyer. After the title is transferred to Buyer, Buyer shall bear all risks.
3.3 Seller warrants that no third party may claim any right to the Designated Product purchased by Buyer, and shall compensate Buyer for any loss caused by such third party claim against Designated Product which title has transferred to Buyer.
3.4 Seller shall deliver the Designated Product according to the time and place set in Buyer’s purchase order, and shall be subject to a daily penalty equal to 5% of the purchase price for the quantity of Designated Product not delivered until actual delivery. If delivery is late for more than 2 days, Buyer shall have the right to cancel the purchase order and claim damage equal to 3% of the purchase order quantity cancelled. If Buyer’s cancellation due to the foregoing exceeds 30% of the quantity of Designated Product under this Agreement or 3 purchase orders, Buyer may terminate this Agreement or reduce the quantity to be supplied by Seller.
Delivery and Transfer of Title. Delivery dates are estimates. All shipments will be made EX Works shipping location where the material is located unless otherwise specified and agreed in writing. Moovinv Inc. shall not be responsible to Buyer for any loss, whether direct or indirect, arising out of relating to any failure of the material to be delivered by the specified delivery date. All title and risk of loss or damage in respect to the material shipped hereunder shall pass to Buyer on delivery to the first common carrier. Buyer is responsible for payment of all costs relating to transportation, delivery and insurance unless it is agreed in advance that Moovinv Inc. is responsible to provide these services. Buyer will be responsible for filing claims relating to any lost or damaged material.
Delivery and Transfer of Title. Seller is responsible, as a bailee, for loss of, and damage to, any property owned by Xxxxx and possessed by Seller contemplated under the Terms (“Buyer’s Property”), including responsibility for loss and damage which occur despite Seller’s exercise of reasonable care, but excluding normal wear and tear. Seller shall (i) properly house and maintain Buyer’s Property on Seller’s premises, and (ii) refrain from commingling Buyer’s Property with the property of Seller or with that of any third party. Buyer’s Property shall not be used by Seller for any purpose other than those described in the Terms. Seller authorizes Xxxxx (at Xxxxx’s sole option) to file financing statements evidencing Seller as the debtor/bailee and Buyer as the secured party/xxxxxx of Buyer’s Property. Seller will indemnify and defend Buyer against claims or liens adverse to Xxxxx’s ownership of Xxxxx’s Property. Upon Xxxxx’s request, Seller shall immediately deliver Xxxxx’s Property to a carrier selected by Buyer, properly packed and marked in accordance with the requirements of the carrier and Buyer, at Buyer’s option F.O.B. Carrier, Seller’s facility or F.O.B. Buyer’s facility, freight collect. Seller waives, to the extent permitted by law, any lien or other rights that Seller might otherwise have on any of Buyer’s Property.
Delivery and Transfer of Title. A. Seller will use its best efforts to conform to the mutually agreed delivery date or dates for Products ordered pursuant to the Contract. Seller will notify Buyer as soon as possible of any circumstances that may cause a delay in delivery, and, Seller will avoid or minimize delay to the extent possible.
B. In the event of failure of delivery on the mutually agreed delivery date, Buyer will give Seller written notice of delinquency allowing Seller a reasonable time to cure. In no event will Seller be considered in default of its obligation under the Contract to deliver until thirty (30) days after the notice. In no event shall Buyer be entitled to liquidated damages as a remedy for any delay in delivery by Seller, nor shall Seller be liable for any consequential damage and incidental damage such as expected profit loss of the Buyer or its customers arising from late or non-delivery of Products. Any liability of Seller for non-delivery of the Products shall be limited to the amount of net sales between Buyer and Seller of the current year.
Delivery and Transfer of Title. Risk
2.2.1 Logs will be delivered by the Seller to the saw mill in ……… The Seller is responsible for transporting Logs to the factory, and shall bear all costs related to this transportation, including the cost for weighting cargo. The Buyer may request the change of the delivery place in writing or email with at least 10 Business Days prior notice. If the Seller accepts the request in writing or email, such change becomes effective from the date agreed.
2.2.2 The Buyer is responsible for unloading the delivered Logs at the delivery place of the Buyer. Appropriate number of workers for unloading works shall be secured enough to discharge the cargo on time in order not to let logging trucks stuck at the delivery place.
2.2.3 The delivered Logs shall be weighed at the Weighbridge designated by the Parties for settlement of purchase price of the Logs, with attendance of a representative from the Seller and the Buyer.
2.2.4 Subject to Article 2.3 below, the Buyer must accept all, and must not reject or return any, of Logs delivered by the Seller to the delivered place.
2.2.5 Title and risk of loss of Logs passes from the Seller to the Buyer upon delivery of such Logs by the Seller to the delivered place.
Delivery and Transfer of Title. Novavax shall deliver each order on or before the applicable delivery date. Unless otherwise agreed by the Parties in writing, Novavax shall deliver the Clinical Trial Materials [***], which as of the Effective Date is [***]. Title shall transfer to Takeda upon [***].
Delivery and Transfer of Title. Novavax shall deliver each order on or before the applicable delivery date. Unless otherwise agreed by the Parties in writing, Novavax shall deliver the Adjuvant Components [***]. Title shall transfer to Takeda [***].
Delivery and Transfer of Title. 2.1 The SELLER shall deliver the CONTRACT PRODUCTS to the BUYER and transfer the title of the CONTRACT PRODUCTS.
2.2 The SELLER undertakes to deliver the CONTRACT PRODUCTS on a Cost, Insurance and Freight paid named port of destination in Europe (CIF) basis (INCOTERMS 2000). The port of destination shall be specified by the BUYER.
2.3 If requested by the BUYER, other port of destinations within Europe (e.g. Spain, France) and within the USA shall be used for shipments, the BUYER will inform upfront the SELLER about the respective port of destination.
2.4 Deliveries of the CONTRACT PRODUCTS shall be affected in accordance with the delivery schedule specified in Appendix 3. Additional quantities of CONTRACT PRODUCTS shall be delivered in accordance with agreement in -------------------------------------------------------------------------------- Page 3 of 8 written form to be made by both parties. All interpretation of the delivery terms shall be in accordance with the INCOTERMS 2000.
Delivery and Transfer of Title. 1.2.1 The full and unrestricted ownership of and title to the Shares free and clear of any Encumbrances shall pass from the Sellers to the Purchaser at the Closing against payment of the Purchase Price pursuant to Section 2.2 and fulfilment and completion of the Closing procedures set forth in Section 3.4 (Deliveries at Closing). 2 Purchase Price and Payment of Purchase Price
