DELIVERY, OWNERSHIP AND RISK Sample Clauses

DELIVERY, OWNERSHIP AND RISK. 3.1. The risk in and to the Products shall pass to the CUSTOMER on delivery. In this regard the CUSTOMER shall be responsible for procuring adequate insurance, to the satisfaction of the SUPPLIER, in respect of the Products until such time as the ownership passes to the CUSTOMER, as contemplated below. 3.2. Ownership of the Products shall remain vested in the SUPPLIER until receipt of the full purchase price in respect thereof. 3.3. Where the SUPPLIER holds paid stock for the CUSTOMER, risk in and to, and ownership of, the paid stock shall pass to the CUSTOMER on invoicing thereof. 3.4. Unless otherwise agreed, the SUPPLIER shall attend to delivery of the Products to the CUSTOMER, in which case delivery shall take place at the address of the CUSTOMER contained on the Credit Application Form, unless otherwise agreed between the Parties, and the CUSTOMER many not refuse or delay accepting delivery of the Products in the quantities and on the dates which the SUPPLIER in its sole discretion determines. The CUSTOMER shall provide sufficient labour 3.5. Notwithstanding anything to contrary recorded herein, and unless otherwise specified in any quotation, where delivery of the Products is: 3.5.1. by way of airfreight, the sale and delivery of the Products will be subject to the CIP Incoterms; and 3.5.2. by way of sea freight, the sale and delivery of the Products will be subject to the CIF (Port) Incoterms. 3.6. Where the SUPPLIER provides the CUSTOMER with an expected lead-time and delivery date, the CUSTOMER acknowledges that delivery dates may vary, and are provided as an estimate only. Any delay in the delivery of any Products shall not relieve the CUSTOMER of its obligations to accept such delivery or any other delivery. 3.7. Any transporter which collects Products from the SUPPLIER, under instruction of the CUSTOMER, shall be deemed to be the CUSTOMER’S agent and the loading of Products onto such transporter’s vehicle shall be deemed to be delivery to the CUSTOMER. 3.8. Should the CUSTOMER not collect the Products when the SUPPLIER makes them available for collection or refuses to accept delivery, the SUPPLIER shall be entitled to charge the CUSTOMER a storage fee and such storage shall be at the CUSTOMER’S own risk. 3.9. The CUSTOMER hereby acknowledges that it is aware of a potential loss in the nominal mass of the Product as a result of moisture loss for whatever reason and the CUSTOMER undertakes not to hold the SUPPLIER liable in respect of any loss in...
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DELIVERY, OWNERSHIP AND RISK. 8.1 In respect of any Services, Transfer of Title for the Deliverables passes ten (10) working days after the Client has received a fully signed delivery document and has not disputed any of the Deliverables by the Client. Subject to the Company complying with the provisions of clause 7.3, Transfer of Title in the Deliverables sent by post (if applicable) shall pass on dispatch by the Company to a reputable third- party postal provider illustrated with a dispatch note.
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DELIVERY, OWNERSHIP AND RISK. 3.1 Any delivery term given is always an approximation and not an expiration date, unless explicitly agreed otherwise in writing by HIT Trading. HIT Trading will make reasonable efforts to realize the delivery of the goods and/or services on the approximate delivery date given. HIT Trading will inform Xxxxx if, and as soon as it has any indication that the approximate delivery date will not be met. If possible, HIT Trading will give an indication of the new delivery date. 3.2 Unless explicitly agreed otherwise in writing the HIT Trading warehouse (in Lelystad) will apply as delivery location. 3.3 Ownership of the goods supplied by HIT Trading remains with HIT Trading until Buyer has met all subsequent obligations of any Agreement made with HIT Trading, being: - reciprocation for the goods and/or services supplied or to be supplied; - finally meeting any claims by HIT Trading against Xxxxx as a result of failure on the part of Buyer to meet, either in part or in full, any Agreement made with HIT Trading. 3.4 The liability and the risk for the goods and/or services to be supplied by HIT Trading transfer to Buyer at the moment of delivery of the goods to Buyer. 3.5 HIT Trading is authorized to deliver C.O.D. 3.6 HIT Trading is authorized, if it deems so necessary or desirable for a proper execution of the commission provided to it, to employ third parties in the execution, of which the costs shall be charged to the Buyer in accordance with the price quote(s) provided. To the extent possible and/or necessary, HIT Trading shall consult with the Buyer about this matter. 3.7 Exceeding the agreed delivery term will never render the Buyer a claim to compensation for damages by HIT Trading in any form or shape, to non-acceptance or dissolution of the Agreement or the suspension of any obligation of the Buyer deriving from the Agreement. 3.8 The Buyer may return the load carriers immediately upon delivery to HIT Trading or have these exchanged by HIT Trading. Should the Buyer wish not to make use of either possibilities, then HIT Trading has the right to charge the Buyer for these load carriers against the then current market price. 3.9 In case of force majeure, which is deemed to include: strike, fire, loss of goods during transport, water damage, government measures, delay during shipping or transport, export prohibitions, war, mobilization, im- or export restrictions and in all other situations, that impede the compliance with the Agreement temporary or otherwise,...
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DELIVERY, OWNERSHIP AND RISK. (a) You will take Delivery of the particular item of Equipment specified in a Hire Form from the Location. (b) Risk and possession in that particular item of Equipment passes to You upon Delivery and remains with You until the Equipment has been returned to the Location by You. (c) Notwithstanding the possession and use of the Equipment by You during the Hire Term, title to and ownership of the Equipment shall at all times remain with Us.
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DELIVERY, OWNERSHIP AND RISK. 6.1 Product ordered from FFB shall be Delivered to the Delivery Address specified in the Customer’s order. FFB shall be entitled to raise a delivery fee to cover the costs in regard to the Delivery, provided that the Customer is given prior notification of such delivery fee. If, for whatever reason, the Product cannot be Delivered at the Delivery Address, through no fault of FFB (“Failed Delivery”), the Customer shall be liable for all additional costs associated with such Failed Delivery, subject to the CPA to the extent that it applies to Non-Exempt Customers. 6.2 Delivery dates and times are estimates only and whilst FFB shall use its reasonable endeavours to Deliver on the requested dates and times, FFB shall not be responsible for any losses or damages of any nature whatsoever suffered by the Customer should Delivery not be made on the requested date or time, save where the Customer is a Non-Exempt Customer and (i) the delay is as a result of FFB’s gross negligence; and (ii) the time when the Delivery is made is unreasonable or unreasonably long in the circumstances. 6.3 Risk and Ownership in and to Product shall pass from FFB to the Customer on acceptance of the Delivery at the Delivery Address. Acceptance of the Delivery shall be deemed to have occurred once the delivery note in regard to such Delivery is signed by the Customer. The Customer shall take Delivery of the Product within two (2) hours of arrival at the Delivery Address, failing which the Customer shall be responsible for demurrage charges. 6.4 In the event that any Product is Delivered to a Customer, which Product is defective, or not to specification or which does not comprise of the Product ordered by the Customer (“Non-Conforming Product”), then the Customer shall, immediately upon such Non-Conforming Product coming to its attention, notify FFB in writing thereof and permit FFB or its duly authorised representative an opportunity, to inspect such Non-Conforming Product within the forty eight (48) hour period following such written notification. Where it occurs that the Customer’s complaint is valid, then: - 6.4.1 FFB shall collect the Non-Conforming Product from an address as is agreed between the Parties in writing, and replace such Non- Conforming Product with Product which conforms to the Customer’s duly accepted order. Non-Exempt Customers shall have the right to elect whether FFB is to replace the Non-Conforming Product or whether FFB is to provide the Non-Exempt Customer with a ...
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DELIVERY, OWNERSHIP AND RISK. 3.1 Any delivery term given is always an approximation and not an expiration date, unless explicitly agreed in writing. Cinar will make reasonable efforts to realise the delivery of the goods and/or services on the approximate delivery date given. Cinar will inform Xxxxx if, and as soon as it has any indication that the approximate delivery date will not be met. If possible, Cinar will give an indication of the new delivery date. 3.2 Unless explicitly agreed otherwise in writing the Cinar warehouses (in Eindhoven) will apply as delivery location. 3.3 Ownership of the goods supplied by Cinar remains with Cinar until Buyer has met all subsequent obligations of any Agreement made with Cinar, being: - reciprocation for the goods and/or services supplied or to be supplied; - finally meeting any claims by Cinar against Xxxxx as a result of failure on the part of Buyer to meet, either in part or in full, any Agreement made with Cinar. 3.4 The liability and the risk for the goods and/or services to be supplied by Cinar transfer to Buyer at the moment of delivery of the goods to Buyer.
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DELIVERY, OWNERSHIP AND RISK. 3.1 Any delivery term given is always an approximation and not an expiration date, unless explicitly agreed in writing. Dutch Filaments will make reasonable efforts to realize the delivery of the goods and/or services on the approximate delivery date given. Dutch Filaments will inform Xxxxx if, and as soon as it has any indication that the approximate delivery date will not be met. If possible, Dutch Filaments will give an indication of the new delivery date. 3.2 Unless explicitly agreed otherwise in writing the Dutch Filaments warehouses (in Eindhoven) will apply as delivery location. 3.3 Ownership of the goods supplied by Dutch Filaments remains with Dutch Filaments until Buyer has met all subsequent obligations of any Agreement made with Dutch Filaments, being: - reciprocation for the goods and/or services supplied or to be supplied; - finally meeting any claims by Dutch Filaments against Xxxxx as a result of failure on the part of Buyer to meet, either in part or in full, any agreement made with Dutch Filaments. 3.4 The liability and the risk for the goods and/or services to be supplied by Dutch Filaments transfer to Buyer at the moment of delivery of the goods to Buyer.
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Related to DELIVERY, OWNERSHIP AND RISK

  • OWNERSHIP AND RISK 8.1 Miele remains the owner of the product/s until the price is paid in full to Miele and the product/s have been delivered to the customer. 8.2 The customer must not sell or otherwise deal with the product/s until the price is paid in full to Miele. If the customer purports to do so, the customer will be deemed to hold the proceeds of sale or other realisation (or the amount equal to the outstanding) on trust for Miele. 8.3 Notwithstanding clauses 8.1 and 8 .2, the risk of loss of or damage to the product/s passes to the customer upon delivery. After delivery, the customer is responsible for storing the product/s prior to any installation and is liable for any loss or damage which occurs during such storage.

  • Ownership and Risk of Loss You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.

  • Ownership and Transfer (a) The Company shall maintain at its principal executive offices (or such other office or agency of the Company as it may designate by notice to the Holder hereof), a register for this Warrant, in which the Company shall record the name and address of the person in whose name this Warrant has been issued, as well as the name and address of each transferee. The Company may treat the person in whose name any Warrant is registered on the register as the owner and Holder thereof for all purposes, notwithstanding any notice to the contrary, but in all events recognizing any transfers made in accordance with the terms of this Warrant. (b) The Holder of this Warrant understands that this Warrant has not been and is not expected to be, registered under the Securities Act or any state securities laws, and may not be offered for sale, sold, assigned or transferred unless (a) subsequently registered thereunder, or (b) such Holder shall have delivered to the Company an opinion of counsel, reasonably satisfactory in form, scope and substance to the Company, to the effect that the securities to be sold, assigned or transferred may be sold, assigned or transferred pursuant to an exemption from such registration; provided that (i) any sale of such securities made in reliance on Rule 144 promulgated under the Securities Act may be made only in accordance with the terms of said Rule and further, if said Rule is not applicable, any resale of such securities under circumstances in which the seller (or the person through whom the sale is made) may be deemed to be an underwriter (as that term is defined in the Securities Act) may require compliance with some other exemption under the Securities Act or the rules and regulations of the Securities and Exchange Commission thereunder; and (ii) except as provided below, neither the Company nor any other person is under any obligation to register the Common Stock Warrants under the Securities Act or any state securities laws or to comply with the terms and conditions of any exemption thereunder except as may be expressly set out herein. (c) The Company is obligated to register the Warrant Shares for resale under the Securities Act and the Holder of this Warrant is not entitled to the registration rights in respect of the Warrant Shares, unless and until the Company enters into a Registration Rights Agreement with the Holder of these Warrants, at the sole discretion of the Company.

  • Ownership and Rights a. Electronic Access, including any database, any software (including for the avoidance of doubt, Proprietary Software) and any proprietary data, processes, scripts, information, training materials, manuals or documentation made available as part of the Electronic Access (collectively, the “Information”), are the exclusive and confidential property of XXX Xxxxxx xxx/xx XXX Xxxxxx’s suppliers. You may not use or disclose the Information except as expressly authorized by these Terms and Conditions. You will, and will cause Users and Your third parties and their users, to keep the Information confidential by using the same care and discretion that You use with respect to Your own confidential information, but in no event less than reasonable care. b. The provisions of this paragraph will not affect the copyright status of any of the Information which may be copyrighted and will apply to all Information whether or not copyrighted. c. Nothing in these Terms and Conditions will be construed as giving You or Users any license or right to use the trade marks, logos and/or service marks of BNY Mellon, its affiliates, its Information Providers or BNY Mellon’s Suppliers. d. Any Intellectual Property Rights and any other rights or title not expressly granted to You or Users under these Terms and Conditions are reserved to BNY Mellon, its Information Providers and BNY Mellon’s Suppliers. “Intellectual Property Rights” includes all copyright, patents, trademarks and service marks, rights in designs, moral rights, rights in computer software, rights in databases and other protectable lists of information, rights in confidential information, trade secrets, inventions and know-how, trade and business names, domain names (including all extensions, revivals and renewals, where relevant) in each case whether registered or unregistered and applications for any of them and the goodwill attaching to any of them and any rights or forms of protection of a similar nature and having equivalent or similar effect to any of them which may subsist anywhere in the world.

  • Ownership and Control All components of the Placer County Technology Platform, including voicemail, email messages sent and received, files and records created or placed on any County file server, and all data placed onto or accessed by the County’s computer network including internet access, are and remain either the property of or under the control of Placer County and not the User.

  • Ownership and Restrictions 4.1 You retain all ownership and intellectual property rights in and to Your Content and Your Applications. Oracle or its licensors retain all ownership and intellectual property rights to the Services, including Oracle Programs and Ancillary Programs, and derivative works thereof, and to anything developed or delivered by or on behalf of Oracle under this Agreement. 4.2 You may not, and may not cause or permit others to: a) remove or modify any program markings or any notice of Oracle’s or its licensors’ proprietary rights; b) make the programs or materials resulting from the Services (excluding Your Content and Your Applications) available in any manner to any third party for use in the third party’s business operations (unless such access is expressly permitted for the specific Services You have acquired); c) modify, make derivative works of, disassemble, decompile, reverse engineer, reproduce, distribute, republish or download any part of the Services (the foregoing prohibitions include but are not limited to review of data structures or similar materials produced by programs), or access or use the Services in order to build or support, and/or assist a third party in building or supporting, products or Services competitive to Oracle; d) perform or disclose any benchmark or performance tests of the Services, including the Oracle Programs; e) perform or disclose any of the following security testing of the Services Environment or associated infrastructure: network discovery, port and service identification, vulnerability scanning, password cracking, remote access testing, or penetration testing; and f) license, sell, rent, lease, transfer, assign, distribute, host, outsource, permit timesharing or service bureau use, or otherwise commercially exploit or make available the Services, Oracle Programs, Ancillary Programs, Services Environments or Oracle materials to any third party, other than as expressly permitted under the terms of the applicable order.

  • Ownership and Use (A) Unless CITY states otherwise in writing, each document— including, but not limited to, each report, draft, record, drawing, or specification (collectively, “work product”)— that CONSULTANT prepares, reproduces, or causes its preparation or reproduction for this Agreement is CITY’s exclusive property. (B) CONSULTANT acknowledges that its use of the work product is limited to the purposes contemplated by the Scope of Work. CONSULTANT makes no representation of the work product’s application to, or suitability for use in, circumstances not contemplated by the Scope of Work.

  • Ownership and Title Motorola, its licensors, and its suppliers retain all of their proprietary rights in any form in and to the Software and Documentation, including, but not limited to, all rights in patents, patent applications, inventions, copyrights, trademarks, trade secrets, trade names, and other proprietary rights in or relating to the Software and Documentation (including any corrections, bug fixes, enhancements, updates, modifications, adaptations, translations, de-compilations, disassemblies, emulations to or derivative works from the Software or Documentation, whether made by Motorola or another party, or any improvements that result from Motorola’s processes or, provision of information services). No rights are granted to Licensee under this Agreement by implication, estoppel or otherwise, except for those rights which are expressly granted to Licensee in this Agreement. All intellectual property developed, originated, or prepared by Motorola in connection with providing the Software, Designated Products, Documentation or related services, remains vested exclusively in Motorola, and Licensee will not have any shared development or other intellectual property rights.

  • Risk and Ownership Subject to clause C13 above, risk in the Goods shall, without prejudice to any other rights or remedies of the Authority (including the Authority’s rights and remedies under clause C16 below) pass to the Authority when delivery is completed to the Authority’s reasonable satisfaction.

  • OWNERSHIP AND USE OF DELIVERABLES The City shall own all rights, titles, and interests throughout the world in and to the deliverables.

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