Delivery of Hardware. If the Service also extends to providing ICT hardware, this module will additionally apply.
Delivery of Hardware. Any Hardware purchased or rented by Customer pursuant to an Agreement is delivered by Descartes EXW (Incoterms 2010), Descartes’ depot facility or such alternate location as expressly identified in the Agreement. Risk of loss or damage, but not title, in the Hardware passes to Customer on Descartes’ EXW (Incoterms 2010) delivery. Should Customer request delivery to a specific location, Descartes may select the method of carriage and it will contract for carriage and/or insurance of the Hardware in transit as agent for the Customer. The Customer will reimburse Descartes for all reasonable expenses (including without limitation those incurred for carriage and insurance) incurred by Descartes in such delivery. Descartes will make commercially reasonable efforts to ensure that delivery is completed by any estimated dates but will not be liable for any loss or damage for its failure to do so. Descartes may effect delivery in one or more installments..
Delivery of Hardware.
11.1 We will take reasonable steps to deliver the Hardware in the manner and within the delivery lead time agreed with you in writing or in the Quote (as applicable) (Delivery).
11.2 For the avoidance of doubt, you agree estimated Delivery times are an estimate only and do not guarantee Delivery by the estimated date.
11.3 Where possible, Delivery of the Hardware will be made to the delivery location agreed with you in writing or in the Quote (as applicable).
11.4 We reserve the right to deliver Hardware by instalments and each delivery shall be regarded as separate.
11.5 You are obliged to take delivery of the Hardware and in taking delivery to do all acts reasonably expected of you for us to make delivery.
11.6 Upon reasonable request by you, we may amend a Delivery after it has been shipped where practicable and on terms agreed between the Parties.
11.7 If we fail to deliver some or all of the Hardware pursuant to what was agreed with you, you will not be entitled to cancel that purchase order or any other purchase order. We will not be obliged to accept any claims for non-delivered Hardware or non-conforming Hardware unless written notice of the claim is given to us within 5 Business Days after receipt of the delivery at the delivery location.
11.8 If you have taken delivery of the Hardware and you give notice that you reject the Hardware on the basis that the Hardware does not comply with the Quote, you must take steps that are reasonable in the circumstances to preserve the Hardware as far as practicable in the state in which they were received in order to return the Hardware to us.
11.9 You must not alter, remove, conceal, or tamper with any batch numbers or other means of identification used in relation to the Hardware.
11.10 We will not be liable for any loss suffered by you arising out of any delay or failure to deliver the Hardware (or any part of them) or failure to deliver in the requested quantities.
11.11 Unless otherwise agreed between the Parties, you agree to pay for all Delivery Costs
Delivery of Hardware. 3.1. For export shipments, Myndlift shall deliver the Hardware Components to Customer FOB Destination (Incoterms 2010).
3.2. Myndlift shall make reasonable efforts to deliver the Hardware Components within the time period agreed with Customer. Notwithstanding the foregoing, it is clarified that the delivery time provided to each Customer is an estimated time only, and it is hereby further clarified that in the event that the Hardware Components is not delivered to the Customer within 30 days from the date of shipment and that following due inquiry by Customer (to Myndlift's satisfaction), that the Hardware Components are not being detained by the relevant customs authority, then Myndlift may consider the Hardware Components as lost and as sole remedy to the Customer, Myndlift will ship an additional Hardware Components (of the same type and specifications as in the original order) to the Customer without bearing any additional liability to Customer.
3.3. Any stated delivery dates are approximate, and notwithstanding the aforesaid, Myndlift shall not be liable to Customer for any losses, damages, penalties, or expenses if any Hardware Components are delivered after the said time period for any reason whatsoever. Delays in shipment shall not constitute a breach of contract on the part of Myndlift and shall not be cause for termination of these Terms.
3.4. Hardware Components will be delivered to Customer to the address designated by the Customer and specified in the Subscription Form. Myndlift cannot accept changes and/or alterations to the delivery address once it begins processing the shipment of the Hardware Components. It is Customer’s responsibility to accurately fill in the delivery address in the Subscription Form, and Myndlift will not be responsible for any failure to deliver the Hardware Components due to an inaccuracy in your delivery address as specified in the Subscription Form. Risk in the Hardware Components passes to the Customer on delivery of the Hardware Components to the shipping address entered in the Subscription Form. Title in the Hardware Components will pass to Customer upon receipt of full payment by Myndlift for such Hardware Components.
3.5. All Hardware Components will be accepted by the Customer subject to inspection by the Customer within a reasonable time after delivery. Absent notice by Customer within three (3) calendar days, the Hardware Components shall be deemed to be accepted by Customer.
3.6. Customer must use and handl...
Delivery of Hardware. Any Hardware purchased by Customer pursuant to the Agreement is delivered by Xxxxxxxxx EXW (Incoterms 2020), Descartes’ depot facility or such alternate location as expressly identified in the Agreement. Risk of loss or damage, but not title, in the Hardware passes to Customer on Descartes’ EXW (Incoterms 2020) delivery. Xxxxxxxxx may effect delivery of VEDR Hardware purchased pursuant to an Order in one or more installments.
Delivery of Hardware. You can either purchase or lease the Hardware from us. Upon acceptance of the applicable Purchase Order, Shift5 shall deliver the Hardware to Customer on the delivery date set forth in the applicable Purchase Order or as otherwise agreed upon in writing by the Parties. All risk of loss of, or damage to, the Hardware shall be borne by Shift5 until Customer's receipt of delivery of such Hardware. Hardware delivery terms, shipping & handling, and integration processes and costs will be provided to Customer in the applicable Purchase Order.
Delivery of Hardware. No later than the estimated delivery date appearing on the sales contract, Customer, at its expense, shall prepare the site for the receipt of the Hardware and the application software in accordance with NoPileups requirements and shall be required to accept delivery of the Hardware and the application software no later than such estimated delivery date. NoPileups shall use its reasonable efforts to deliver the Hardware and the application software by such estimated delivery date, provided, however, that Customer agrees and acknowledges that NoPileups, at its option, may extend such estimated delivery date by thirty (30) days providing Customer with notice of such extension on or prior to the initially estimated delivery date. It shall be the sole responsibility of Customer, at its expense, and shall not be the responsibility of NoPileups, to integrate the Hardware and the application software into Customer’s mechanical, electrical, and or other systems in compliance with all applicable building and construction standards and in a manner that will ensure the safe and effective operation of the Hardware and the application software in connection with Customer’s mechanical, electrical and other systems. For purposes of this Agreement, the date that the Hardware is delivered to the shipping address shall be referred to as the “Hardware Delivery Date.” The fees set forth on the sales contract for delivery of the Hardware are estimates only, the actual fees for delivery may exceed such fees as set forth thereon, and NoPileups shall have no liability to Customer for any such excess.
Delivery of Hardware. Supplier will deliver purchased and leased Hardware Ex works (EXW, Incoterms 2000). At Customers request, Supplier will send the purchased and leased Hardware to the address provided by Customer. The transportation costs are for the account of Customer. Supplier shall make reasonable efforts to comply to the extent possible with the delivery periods or delivery dates that it has specified or that have been agreed between the Parties. Any interim dates and delivery dates specified by Supplier or agreed between Parties in respect of the Hardware shall always apply as target dates, shall always be indicative and therefor shall not bind Supplier in any manner. Customer shall examine any delivered Hardware upon receipt and shall notify Supplier within the notification period as set forth in Clause 17.1 specifying the nature of the lack of conformity of the Hardware, In case Customer fails to properly notify Supplier within this period, it has no remedy for the lack of conformity. When Hardware is non-confirming, Supplier will replace the non-conforming Hardware without unreasonably delay unless replacement would be unreasonable in which case parties will negotiate in good faith another solution. The transport costs of the replacement are for the account of Supplier. Outside replacement, Customer has no other rights related to the non- conformity of delivered Hardware.
Delivery of Hardware. TrackX shall deliver any Hardware purchased or rented by Customer pursuant to an Agreement at the location specified by Customer. Risk of loss or damage, but not title, in the Hardware passes to Customer when the Hardware is duly delivered to the carrier by TrackX or any third party manufacturer or supplier of the Hardware. Unless otherwise requested or arranged by Customer, TrackX may select the method of shipment and it will contract for shipment of the Hardware in transit as Customer’s agent. Customer agrees to reimburse TrackX for all reasonable expenses (including without limitation those incurred for carriage and insurance) incurred by TrackX in such delivery. TrackX will make commercially reasonable efforts to ensure that delivery is completed by any estimated dates but will not be liable for any loss or damage for its failure to do so. Delivery may occur in one or more installments. TRACKX SHALL NOT HAVE ANY LIABILITY REGARDING DELIVERY OR FAILURE OF DELIVERY OF ANY PACKAGE OR FREIGHT, EITHER BY OR TO CUSTOMER, OR IN RESPECT OF DELIVERIES FACILITATED BY CUSTOMER, REGARDLESS OF THE CAUSE OF SUCH LOSS OR DAMAGE.
Delivery of Hardware. U.S. Shipments. The following terms apply to shipments of Hardware to a destination within the United States:
