Common use of Delivery, Insurance, Title And Risk Of Loss Clause in Contracts

Delivery, Insurance, Title And Risk Of Loss. The Company will make ------------------------------------------- reasonable efforts to meet Distributor's delivery requirements for Products ordered by Distributor in any Purchase Order accepted by the Company. The Company will inform Distributor of the estimated delivery date and, at Distributor's request, keep it informed of its status; provided, however, that in no event shall the Company be liable for the consequences of any delays in delivery due. Distributor will be responsible for selecting and working with an import broker or forwarding agent to handle all shipments to the Territory. All delivery of Products to Distributor shall be F.O.B. at a mutually agreed port of embarkation (such as dockside at a port or airport) in Miami, Florida, U.S.A, and will be made to Distributor's broker. Distributor shall be responsible for transportation and insurance of the Products INTERNATIONAL DISTRIBUTION AGREEMENT ------------------------------------ after delivery to Distributor's broker. Such insurance shall provide full coverage from the time the Products are delivered to Distributor's broker until Distributor shall have paid the Company for such Products in full. The Company reserves all rights with respect to delivered Products permitted by law, including, without limitation, the rights of rescission, repossession, resale, and stoppage in transit until the full amount due from Distributor in respect of all delivered Products has been paid. Distributor shall be responsible for obtaining all consents from any government or related authority to import the Products into the Territory. Unless otherwise provided in this Agreement, "F.O.B." shall be construed in accordance with INCOTERMS, 2000 of the International Chamber of Commerce. The Company bears the risk of loss or of damage to the Products until their delivery to Distributor's broker, as provided in the preceding paragraph. Thereafter, Distributor assumes such risks. Notwithstanding the foregoing, title to each Product will pass to Distributor over international waters, en-route to the port of importation in the Territory, as such is specified by Distributor in the Purchase Order.

Delivery, Insurance, Title And Risk Of Loss. The Company will ------------------------------------------- make ------------------------------------------- reasonable efforts to meet Distributor's delivery requirements for Products ordered by Distributor in any Purchase Order accepted by the Company. The Company will inform Distributor of the estimated delivery date and, at Distributor's request, keep it informed of its status; provided, however, that in no event shall the Company be liable for the consequences of any delays in delivery due. Distributor will be responsible for selecting and working with an import export broker or forwarding agent ("export broker") to handle all shipments to the Territory. All delivery of Products to Distributor shall be F.O.B. at a mutually agreed port of embarkation (such as dockside at a port or airport) in Miami, Florida, U.S.AU.S.A., and will be made to Distributor's export broker. Except Distributor shall have the right to pick up product in West Palm Beach, Florida upon Agreement by Distributor and Company. Distributor shall be responsible for transportation and insurance of the Products INTERNATIONAL DISTRIBUTION AGREEMENT ------------------------------------ after delivery to Distributor's export broker. Such insurance shall provide full coverage from the time the Products are delivered to Distributor's export broker until Distributor shall have paid the Company for such Products in full. The Company reserves all rights with respect to delivered Products permitted by law, including, without limitation, the rights of rescission, repossession, resale, and stoppage in transit until the full amount due from Distributor in respect of all delivered Products has been paid. Distributor shall be responsible for obtaining all consents from any government or related authority to import export the Products from the country of shipment and for importing them into the Territorycountry of importation. Unless otherwise provided in this Agreement, "F.O.B." shall be construed in accordance with INCOTERMS, 2000 of the International Chamber of Commerce. The Company bears the risk of loss or of damage to the Products until their delivery to Distributor's export broker, as provided in the preceding paragraph. Thereafter, Distributor assumes such risks. Notwithstanding the foregoing, title to each Product will pass to Distributor over international waters, en-route to the port of importation in the Territory, as such is specified by Distributor in the Purchase Order.

Delivery, Insurance, Title And Risk Of Loss. The Company will make ------------------------------------------- reasonable efforts to meet Distributor's delivery requirements for Products ordered by Distributor in any Purchase Order accepted EXCLUSIVE DISTRIBUTION AGREEMENT -------------------------------- March 8, 2003 Page 10 of 30 by the Company. The Company will inform Distributor of the estimated delivery date and, at Distributor's request, keep it informed of its status; provided, however, that in no event shall the Company be liable for the consequences of any delays in delivery due. Distributor will be responsible for selecting and working with an import broker or forwarding agent to handle all shipments to the Territory. All delivery of Products to Distributor shall be F.O.B. at a mutually agreed port of embarkation (such as dockside at a port or airport) in Miami, Florida, U.S.A, and will be made to Distributor's broker. Distributor shall be responsible for transportation and insurance of the Products INTERNATIONAL DISTRIBUTION AGREEMENT ------------------------------------ after delivery to Distributor's broker. Such insurance shall provide full coverage from the time the Products are delivered to Distributor's broker until Distributor shall have paid the Company for such Products in full. The Company reserves all rights with respect to delivered Products permitted by law, including, without limitation, the rights of rescission, repossession, resale, and stoppage in transit until the full amount due from Distributor in respect of all delivered Products has been paid. Distributor shall be responsible for obtaining all consents from any government or related authority to import the Products into the Territory. Unless otherwise provided in this Agreement, "F.O.B." shall be construed in accordance with INCOTERMS, 2000 of the International Chamber of Commerce. The Company bears the risk of loss or of damage to the Products until their delivery to Distributor's broker, as provided in the preceding paragraph. Thereafter, Distributor assumes such risks. Notwithstanding the foregoing, title to each Product will pass to Distributor over international waters, en-route to the port of importation in the Territory, as such is specified by Distributor in the Purchase Order.

Delivery, Insurance, Title And Risk Of Loss. The Company will make ------------------------------------------- reasonable efforts to meet Distributor's delivery requirements for Products ordered by Distributor in any Purchase Order accepted by the Company. The Company will inform Distributor of the estimated delivery date and, at Distributor's request, keep it informed of its status; provided, however, that in no event shall the Company be liable for the consequences of any delays in delivery due. Distributor will be responsible for selecting and working with an import export broker or forwarding agent ("export broker") to handle all EXCLUSIVE DISTRIBUTION AGREEMENT -------------------------------- REVISED DRAFT - November 4, 2002 Page 10 of 31 shipments to the Territory. All delivery of Products to Distributor shall be F.O.B. at a mutually agreed port of embarkation (such as dockside at a port or airport) in Miami, Florida, U.S.A, and will be made to Distributor's export broker. Distributor shall be responsible for transportation and insurance of the Products INTERNATIONAL DISTRIBUTION AGREEMENT ------------------------------------ after delivery to Distributor's export broker. Except Distributor shall have the right to pick up product in West Palm Beach, Florida upon Agreement by Distributor and Company. Such insurance shall provide full coverage from the time the Products are delivered to Distributor's export broker until Distributor shall have paid the Company for such Products in full. The Company reserves all rights with respect to delivered Products permitted by law, including, without limitation, the rights of rescission, repossession, resale, and stoppage in transit until the full amount due from Distributor in respect of all delivered Products has been paid. Distributor shall be responsible for obtaining all consents from any government or related authority to import export the Products from the country of shipment and for importing them into the Territorycountry of importation. Unless otherwise provided in this Agreement, "F.O.B." shall be construed in accordance with INCOTERMS, 2000 of the International Chamber of Commerce. The Company bears the risk of loss or of damage to the Products until their delivery to Distributor's export broker, as provided in the preceding paragraph. Thereafter, Distributor assumes such risks. Notwithstanding the foregoing, title to each Product will pass to Distributor over international waters, en-route to the port of importation in the Territory, as such is specified by Distributor in the Purchase Order.

Delivery, Insurance, Title And Risk Of Loss. The Company will make ------------------------------------------- reasonable efforts to meet Distributor's ’s delivery requirements for Products ordered by Distributor in any Purchase Order accepted by the Company. The Company will inform Distributor of the estimated delivery date and, at Distributor's ’s request, keep it informed of its status; provided, however, that in no event shall the Company be liable for the consequences of any delays in delivery due. Distributor will be responsible for selecting and working with an import export broker or forwarding agent (“export broker”) to handle all shipments to the Territory. All delivery of Products to Distributor shall be F.O.B. at a mutually agreed port of embarkation (such as dockside at a port or airport) in Miami, Florida, U.S.A, and will be made to Distributor's Distributor’sexport broker. Distributor shall be responsible for transportation and insurance of the Products INTERNATIONAL DISTRIBUTION AGREEMENT ------------------------------------ after delivery to Distributor's Distributor’sexport broker. Such insurance shall provide full coverage from the time the Products are delivered to Distributor's Distributor’sexport broker until Distributor shall have paid the Company for such Products in full. The Company reserves all rights with respect to delivered Products permitted by law, including, without limitation, the rights of rescission, repossession, resale, and stoppage in transit until the full amount due from Distributor in respect of all delivered Products has been paid. Distributor shall be responsible for obtaining all consents from any government or related authority to import export the Products Productsfrom the country of shipment and for importing them into the Territorycountry of importation. Unless otherwise provided in this Agreement, "“F.O.B." ” shall be construed in accordance with INCOTERMS, 2000 of the International Chamber of Commerce. INTERNATIONAL DISTRIBUTION AGREEMENT The Company bears the risk of loss or of damage to the Products until their delivery to Distributor's Distributor’sexport broker, as provided in the preceding paragraph. Thereafter, Distributor assumes such risks. Notwithstanding the foregoing, title to each Product will pass to Distributor over international waters, en-route to the port of importation in the Territory, as such is specified by Distributor in the Purchase Order.

Delivery, Insurance, Title And Risk Of Loss. The Company will make ------------------------------------------- reasonable efforts to meet Distributor's delivery requirements for Products ordered by Distributor in any Purchase Order accepted by the Company. The Company will inform Distributor of the estimated delivery date and, at Distributor's request, keep it informed of its status; provided, however, that in no event shall the Company be liable for the consequences of any delays in delivery due. Distributor will be responsible for selecting and working with an import broker or forwarding agent to handle all shipments to the Territory. All delivery of Products to Distributor shall be F.O.B. at a mutually agreed port of embarkation (such as dockside at a port or airport) in Miami, Florida, U.S.A, and will be made to Distributor's broker. Distributor shall be responsible for transportation and insurance of the Products INTERNATIONAL DISTRIBUTION AGREEMENT ------------------------------------ after delivery to Distributor's broker. Such insurance shall provide full coverage from the time the Products are delivered to Distributor's broker until Distributor shall have paid the Company for such Products in full. The Company reserves all rights with respect to delivered Products permitted by law, including, without limitation, the rights of rescission, repossession, resale, and stoppage in transit until the full amount due from Distributor in respect of all delivered Products has been paid. Distributor shall be responsible for obtaining all consents from any government or related authority to import the Products into the Territory. Unless otherwise provided in this Agreement, "F.O.B." shall be construed in accordance with INCOTERMS, 2000 of the International Chamber of Commerce. The Company bears the risk of loss or of damage to the Products until their delivery to Distributor's broker, as provided in the preceding paragraph. Thereafter, Distributor assumes such risks. Notwithstanding the foregoing, title to each Product will pass to Distributor over international waters, en-route to the port of importation in the Territory, as such is specified by Distributor in the Purchase Order.

Delivery, Insurance, Title And Risk Of Loss. The Company will make ------------------------------------------- reasonable efforts to meet Distributor's delivery requirements for Products ordered by Distributor in any Purchase Order accepted by the Company. The Company will inform Distributor of the estimated delivery date and, at Distributor's request, keep it informed of its status; provided, however, that in no event shall the Company be liable for the consequences of any delays in delivery due. Distributor will be responsible for selecting and working with an import export broker or forwarding agent ("export broker") to handle all shipments to the Territory. All delivery of Products to Distributor shall be F.O.B. at a mutually agreed port of embarkation (such as dockside at a port or airport) in Miami, Florida, U.S.A, and will be made EXCLUSIVE DISTRIBUTION AGREEMENT -------------------------------- REVISED DRAFT - November 4, 2002 Page 10 of 31 to Distributor's export broker. Distributor shall be responsible for transportation and insurance of the Products INTERNATIONAL DISTRIBUTION AGREEMENT ------------------------------------ after delivery to Distributor's export broker. Such insurance shall provide full coverage from the time the Products are delivered to Distributor's export broker until Distributor shall have paid the Company for such Products in full. The Company reserves all rights with respect to delivered Products permitted by law, including, without limitation, the rights of rescission, repossession, resale, and stoppage in transit until the full amount due from Distributor in respect of all delivered Products has been paid. Distributor shall be responsible for obtaining all consents from any government or related authority to import export the Products from the country of shipment and for importing them into the Territorycountry of importation. Unless otherwise provided in this Agreement, "F.O.B." shall be construed in accordance with INCOTERMS, 2000 of the International Chamber of Commerce. The Company bears the risk of loss or of damage to the Products until their delivery to Distributor's export broker, as provided in the preceding paragraph. Thereafter, Distributor assumes such risks. Notwithstanding the foregoing, title to each Product will pass to Distributor over international waters, en-route to the port of importation in the Territory, as such is specified by Distributor in the Purchase Order.

Delivery, Insurance, Title And Risk Of Loss. The Company will make ------------------------------------------- reasonable efforts to meet Distributor's delivery requirements for Products ordered by Distributor in any Purchase Order accepted by the Company. The Company will inform Distributor of the estimated delivery date and, at Distributor's request, keep it informed of its status; provided, however, that in no event shall the Company be liable for the consequences of any delays in delivery due. Distributor will be responsible for selecting and working with an import export broker or forwarding agent ("export broker") to handle all shipments to the Territory. All delivery of Products to Distributor shall be F.O.B. at a mutually agreed port of embarkation (such as dockside at a port or airport) in Miami, Florida, U.S.A, and will be made to Distributor's export broker. Distributor shall be responsible for transportation and insurance of the Products INTERNATIONAL DISTRIBUTION AGREEMENT ------------------------------------ after delivery to Distributor's export broker. Such insurance shall provide full coverage from the time the Products are delivered to Distributor's export broker until Distributor shall have paid the Company for such Products in full. The Company reserves all rights with respect to delivered Products permitted by law, including, without limitation, the rights of rescission, repossession, resale, and stoppage in transit until the full amount due from Distributor in respect of all delivered Products has been paid. Distributor shall be responsible for obtaining all consents from any government or related authority to import export the Products from the country of shipment and for importing them into the Territorycountry of importation. Unless otherwise provided in this Agreement, "F.O.B." shall be construed in accordance with INCOTERMS, 2000 of the International Chamber of Commerce. The Company bears the risk of loss or of damage to the Products until their delivery to Distributor's export broker, as provided in the preceding paragraph. Thereafter, Distributor assumes such risks. Notwithstanding the foregoing, title to each Product will pass to Distributor over international waters, en-route to the port of importation in the Territory, as such is specified by Distributor in the Purchase Order.

Delivery, Insurance, Title And Risk Of Loss. The Company will ------------------------------------------- make ------------------------------------------- reasonable efforts to meet Distributor's delivery requirements for Products ordered by Distributor in any Purchase Order accepted by the Company. The Company will inform Distributor of the estimated delivery date and, at Distributor's request, keep it informed of its status; provided, however, that in no event shall the Company be liable for the consequences of any delays in delivery due. Distributor will be responsible for selecting and working with an import export broker or forwarding agent ("export broker") to handle all shipments to the Territory. All delivery of Products to Distributor shall be F.O.B. at a mutually agreed port of embarkation (such as dockside at a port or airport) in Miami, Florida, U.S.AU.S.A., and will be made EXCLUSIVE DISTRIBUTION AGREEMENT -------------------------------- REVISED DRAFT - November 4, 2002 Page 10 of 31 to Distributor's export broker. Distributor shall be responsible for transportation and insurance of the Products INTERNATIONAL DISTRIBUTION AGREEMENT ------------------------------------ after delivery to Distributor's export broker. Such insurance shall provide full coverage from the time the Products are delivered to Distributor's export broker until Distributor shall have paid the Company for such Products in full. The Company reserves all rights with respect to delivered Products permitted by law, including, without limitation, the rights of rescission, repossession, resale, and stoppage in transit until the full amount due from Distributor in respect of all delivered Products has been paid. Distributor shall be responsible for obtaining all consents from any government or related authority to import export the Products from the country of shipment and for importing them into the Territorycountry of importation. Unless otherwise provided in this Agreement, "F.O.B." shall be construed in accordance with INCOTERMS, 2000 of the International Chamber of Commerce. The Company bears the risk of loss or of damage to the Products until their delivery to Distributor's export broker, as provided in the preceding paragraph. Thereafter, Distributor assumes such risks. Notwithstanding the foregoing, title to each Product will pass to Distributor over international waters, en-route to the port of importation in the Territory, as such is specified by Distributor in the Purchase Order.