DELIVERY, OWNERSHIP AND RISK. 7.1 Ownership in the Goods shall pass to the Purchaser when the total purchase price in respect of the Goods purchased has been paid in full and received by the Company. Accordingly, ownership in and to the Goods shall remain vested in the Company until fully paid for, notwithstanding anything to the contrary herein contained or in any contract of carriage, insurance or finance.
7.2 Risk in and to the Goods shall pass to the Purchaser upon delivery of such Goods, notwithstanding the provisions of clause 7.
1. All such Goods whether affixed to immovable property or to other goods, shall be deemed to remain movable property and severable without injury to such immovable property or other goods.
7.3 The Purchaser shall notify the Company in writing of the details of the premises where the Goods are to be delivered, stored or used as well as the details of the landlord of such premises. In addition, if the Goods are located on leased premises, the Purchaser shall forthwith notify the relevant landlord of the Company's ownership and rights to the Goods in terms of clause 7.1 and this clause 7.3.
7.4 If the Company does not receive adequate delivery instructions in order to effect dispatch of the Goods within 14 (fourteen) days after written notification has been provided to the Purchaser that such Goods are ready for dispatch, the Goods will be invoiced and the Purchaser shall pay for such Goods in accordance with the terms of this Agreement and take delivery or arrange for storage at his own expense. In the event of the Purchaser failing to arrange storage, the Company shall attend to the necessary arrangements on the Purchasers' behalf and all charges for such storage, insurance or for demurrage shall be for the Purchasers' own account.
7.5 In the event that the Purchaser is in breach, as contemplated in clause 11, the Company shall be entitled to enter the premises where the Goods are located in order to exercise its rights to the Goods contemplated herein.
7.6 Unless otherwise stipulated, the Company will at all times endeavor to dispatch the Goods for delivery to the Purchaser as soon as practicably possible after the Company has confirmed the date of delivery of the Goods to the Purchaser. The Purchaser shall not be entitled to rely on any indication given to the Purchaser, whether indicated prior to or at the time of placing of the Order or thereafter, of the time at which delivery shall take place, which shall merely be an estimate, and the Company shal...
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.
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,...
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.
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.
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.
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 ...
