Common use of DELIVERY, OWNERSHIP AND RISK Clause in Contracts

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 shall not be liable or accountable to the Purchaser for any claims, loss or damages suffered in relation thereto. 7.7 The Purchaser shall have no claim against the Company for any loss or damage which may be incurred by the Purchaser as a result of delays in the dispatch of Goods as a result of changes in the Purchaser's instructions or by any act or default on the part of the Purchaser or by any cause beyond the Company’s control including civil unrest, strikes, war, fire, accidents, epidemics, defective material, delays in transit or vis major. 7.8 No delay (for whatsoever reason) shall give rise to the right or claim for loss, damages or cancellation of an Order or this Agreement by the Purchaser. 7.9 Unless otherwise specified, the price indicated on the Quotation includes delivery [F.O.R. (Free of Rail)] to Cape. The cost of the delivery of Goods via sea, air, train or road transport to any site or location at the Purchaser's request shall be for the Purchaser own account. 7.10 It is the responsibility of the Purchaser to arrange all risk insurance cover, at its own expense, on all Goods transported from the Company's premises irrespective of whether transport was arranged by the Company or the Purchaser as well as the means of transport of such Goods to the premises indicated by the Purchaser. The Purchaser shall receive, off-load, check, store and properly protect the Goods and shall be responsible for all loss and damage due to any cause whatsoever. 7.11 [Claims for shortages shall be made in writing to the within 7 (seven) days of receipt of the consignment in respect of which a shortage is alleged by the Purchaser. In the event of non- delivery of any consignment, whether by rail or road, the Purchaser shall notify the Company in writing within 21 (twenty one) days of the date of receipt by the Purchaser of a copy of the relevant railway or road consignment note.]

DELIVERY, OWNERSHIP AND RISK. 7.1 Ownership 3.1. The risk in and to the Goods Products shall pass to the Purchaser when CUSTOMER on delivery. The SUPPLIER shall be entitled (but not obliged) to insure the total purchase price in respect Products pending delivery thereof. 3.2. Ownership of the Goods purchased has been paid in full and received by the Company. Accordingly, ownership in and to the Goods Products shall remain vested in the Company SUPPLIER until fully paid for, notwithstanding anything to receipt of the contrary herein contained or full purchase price in any contract of carriage, insurance or financerespect thereof. 7.2 Risk 3.3. Where the SUPPLIER holds paid stock for the CUSTOMER, risk in and to to, and ownership of, the Goods paid stock shall pass to the Purchaser upon CUSTOMER on invoicing thereof. 3.4. Unless otherwise agreed, the SUPPLIER shall attend to delivery of such Goodsthe Products to the CUSTOMER, notwithstanding in which case delivery shall take place at the provisions address of clause 7the CUSTOMER contained on the Credit Application Form, unless otherwise agreed between the Parties, and the CUSTOMER may 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 and equipment at the delivery point on the delivery date to offload the Products, failing which all transport and storage costs in respect of the Products shall be paid by the CUSTOMER prior to any further delivery. 13.5. All The SUPPLIER shall be entitled to recover from the CUSTOMER the costs incurred by the SUPPLIER in respect of delivery and/or insurance of the Products. 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 Goods whether affixed to immovable property delivery or to any other goodsdelivery. 3.7. Any transporter which collects Products from the SUPPLIER, under instruction of the CUSTOMER, shall be deemed to remain movable property be the CUSTOMER’S agent and severable without injury the loading of Products onto such transporter’s vehicle shall be deemed to such immovable property or other goodsbe delivery to the CUSTOMER. 7.3 The Purchaser shall notify 3.8. Should the Company in writing of CUSTOMER not collect the details of Products when the premises where the Goods are SUPPLIER makes them available for collection or refuses 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 premisesaccept delivery, 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 SUPPLIER shall be entitled to enter charge the premises where CUSTOMER a storage fee and such storage shall be at the Goods are located in order to exercise its rights to the Goods contemplated hereinCUSTOMER’S own risk. 7.6 Unless otherwise stipulated, 3.9. The CUSTOMER hereby acknowledges that it is aware of a potential loss in 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 nominal mass 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 shall not be liable or accountable to the Purchaser for any claims, loss or damages suffered in relation thereto. 7.7 The Purchaser shall have no claim against the Company for any loss or damage which may be incurred by the Purchaser Product as a result of delays in moisture loss for whatever reason and the dispatch of Goods as a result of changes in CUSTOMER undertakes not to hold the Purchaser's instructions or by any act or default on the part of the Purchaser or by any cause beyond the Company’s control including civil unrest, strikes, war, fire, accidents, epidemics, defective material, delays in transit or vis major. 7.8 No delay (for whatsoever reason) shall give rise to the right or claim for loss, damages or cancellation of an Order or this Agreement by the Purchaser. 7.9 Unless otherwise specified, the price indicated on the Quotation includes delivery [F.O.R. (Free of Rail)] to Cape. The cost of the delivery of Goods via sea, air, train or road transport to any site or location at the Purchaser's request shall be for the Purchaser own account. 7.10 It is the responsibility of the Purchaser to arrange all risk insurance cover, at its own expense, on all Goods transported from the Company's premises irrespective of whether transport was arranged by the Company or the Purchaser as well as the means of transport of such Goods to the premises indicated by the Purchaser. The Purchaser shall receive, off-load, check, store and properly protect the Goods and shall be responsible for all loss and damage due to any cause whatsoever. 7.11 [Claims for shortages shall be made in writing to the within 7 (seven) days of receipt of the consignment SUPPLIER liable in respect of which a shortage is alleged by any loss in the Purchaser. In the event of non- delivery of any consignment, whether by rail or road, the Purchaser shall notify the Company in writing within 21 (twenty one) days nominal mass of the date of receipt by Product. 3.10. The CUSTOMER shall establish, immediately upon delivery, that the Purchaser of a copy description of the relevant railway Products on the delivery note, tax invoice or road consignment noteany other document (each a Delivery Document) delivered with the Products correctly represents the Products and the price thereof, and that the Products are free of defects.]

DELIVERY, OWNERSHIP AND RISK. 7.1 Ownership 3.1. The risk in and to the Goods Products shall pass to the Purchaser when CUSTOMER on delivery. In this regard the total purchase price CUSTOMER shall be responsible for procuring adequate insurance, to the satisfaction of the SUPPLIER, in respect of the Goods purchased has been paid in full and received by Products until such time as the Company. Accordingly, ownership in and passes to the Goods CUSTOMER, as contemplated below. 3.2. Ownership of the Products shall remain vested in the Company SUPPLIER until fully paid for, notwithstanding anything to receipt of the contrary herein contained or full purchase price in any contract of carriage, insurance or financerespect thereof. 7.2 Risk 3.3. Where the SUPPLIER holds paid stock for the CUSTOMER, risk in and to to, and ownership of, the Goods paid stock shall pass to the Purchaser upon CUSTOMER on invoicing thereof. 3.4. Unless otherwise agreed, the SUPPLIER shall attend to delivery of such Goodsthe Products to the CUSTOMER, notwithstanding in which case delivery shall take place at the provisions address of clause 7the 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. 13.6. All 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 Goods whether affixed to immovable property delivery or to any other goodsdelivery. 3.7. Any transporter which collects Products from the SUPPLIER, under instruction of the CUSTOMER, shall be deemed to remain movable property be the CUSTOMER’S agent and severable without injury the loading of Products onto such transporter’s vehicle shall be deemed to such immovable property or other goodsbe delivery to the CUSTOMER. 7.3 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 Purchaser shall notify CUSTOMER hereby acknowledges that it is aware of a potential loss in the Company in writing nominal mass of the details 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 the nominal mass of the premises where Product. 3.10. Subject to clause 3.11, a delivery note signed by an employee or representative of the Goods are CUSTOMER, or an employee or representative of the transporter referred to in clause 3.4 shall constitute prima facie proof that the Products have been delivered to and received by the CUSTOMER in good condition. 3.11. Should the Products reflected in the delivery note differ from the Products agreed by the SUPPLIER to be delivered in clause 2.4, the CUSTOMER shall be entitled, within 5 (five) days of delivery, to dispute the quality or quantity of the Products delivered, stored in writing, failing which the delivery notice shall constitute an agreed variation to the order. 3.12. Should the SUPPLIER receive written notice of a dispute as to the quality or used as well as the details quantity of the landlord Products delivered, as contemplated above, the Parties shall endeavour to resolve the dispute by negotiation. Should the dispute not have been resolved within 10 days of such premisesthe delivery of the dispute notice, either Party may refer the dispute to the National Designated Authority (the Expert) for determination (the Determination). In addition, if making the Goods are located on leased premisesDetermination, the Purchaser Expert shall forthwith notify act as an expert and not as an arbitrator and its Determination shall be binding on the relevant landlord Parties, absent manifest error. Any fees or charges raised by the Expert shall be borne by the Party against whom the Determination is made. 3.13. Where the dispute concerns the quantity of the Company's ownership and rights Product delivered, the CUSTOMER shall remain obliged to make payment of the Goods undisputed amount as required in terms of clause 7.1 and this clause 7.35.2, below. 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 shall not be liable or accountable to the Purchaser for any claims, loss or damages suffered in relation thereto. 7.7 The Purchaser shall have no claim against the Company for any loss or damage which may be incurred by the Purchaser as a result of delays in the dispatch of Goods as a result of changes in the Purchaser's instructions or by any act or default on the part of the Purchaser or by any cause beyond the Company’s control including civil unrest, strikes, war, fire, accidents, epidemics, defective material, delays in transit or vis major. 7.8 No delay (for whatsoever reason) shall give rise to the right or claim for loss, damages or cancellation of an Order or this Agreement by the Purchaser. 7.9 Unless otherwise specified, the price indicated on the Quotation includes delivery [F.O.R. (Free of Rail)] to Cape. The cost of the delivery of Goods via sea, air, train or road transport to any site or location at the Purchaser's request shall be for the Purchaser own account. 7.10 It is the responsibility of the Purchaser to arrange all risk insurance cover, at its own expense, on all Goods transported from the Company's premises irrespective of whether transport was arranged by the Company or the Purchaser as well as the means of transport of such Goods to the premises indicated by the Purchaser. The Purchaser shall receive, off-load, check, store and properly protect the Goods and shall be responsible for all loss and damage due to any cause whatsoever. 7.11 [Claims for shortages shall be made in writing to the within 7 (seven) days of receipt of the consignment in respect of which a shortage is alleged by the Purchaser. In the event of non- delivery of any consignment, whether by rail or road, the Purchaser shall notify the Company in writing within 21 (twenty one) days of the date of receipt by the Purchaser of a copy of the relevant railway or road consignment note.]

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 CompanyXxxxx. Accordingly, ownership in and to the Goods shall remain vested in the Company Joule until fully paid for, notwithstanding anything to the contrary herein contained or in any contract of carriage, insurance or finance. 7.2 Risk in in, and to to, the Goods shall pass to the Purchaser upon delivery of such Goods, notwithstanding the provisions of clause 7. 17.1. All such Goods 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 Joule 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 immediately notify the relevant landlord of the CompanyJoule's ownership and rights to the Goods in on the terms of clause 7.1 and this clause 7.3. 7.4 If the Company Joule 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 invoiced, and the Purchaser shall pay for such Goods in accordance with per the terms of this Agreement and take delivery or arrange for storage at his own expense. In the event of If the Purchaser failing fails to arrange storage, the Company Joule shall attend to the necessary arrangements on the Purchasers' behalf Purchaser's behalf, and all charges for such storage, insurance insurance, or for demurrage shall be for the Purchasers' own Purchaser's account. 7.5 In the event that If the Purchaser is in breach, as contemplated in clause 11, the Company Joule 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 Joule will at all times endeavor always endeavour to dispatch the Goods for delivery to the Purchaser as soon as practicably possible after the Company Xxxxx 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 before or at the time of placing of the Order or thereafterafter that), of the time at which delivery shall take place, which shall merely be an estimate, and the Company . Joule shall not be liable or accountable to the Purchaser for any claims, loss or damages suffered in relation theretoto it. 7.7 The Purchaser shall have no claim against the Company Joule for any loss or damage which may be incurred by the Purchaser as a result may incur because of delays in the dispatch of Goods as a result of changes in the Purchaser's instructions or by any act or default on the part of the Purchaser or by any cause beyond the Company’s Joule's control including civil unrest, strikes, war, fire, accidents, epidemics, defective material, delays in transit or vis major. 7.8 No delay (for whatsoever reason) shall give rise to the right or claim for loss, damages or cancellation of an Order or this Agreement by the Purchaser. 7.9 Unless otherwise specified, the price indicated on the Quotation includes delivery [F.O.R. (Free to the Purchaser's delivery address in the Republic of Rail)] to CapeSouth Africa. The cost of the delivery of delivering Goods via sea, air, train or road transport to any site or location at the Purchaser's request shall be for the Purchaser own Purchaser's account. 7.10 It is the responsibility of the Purchaser to arrange all risk insurance cover, at its own expense, on all Goods transported from the CompanyJoule's premises irrespective of whether the transport was arranged by the Company Joule or the Purchaser Purchaser, as well as the means of transport of such Goods to the premises indicated by the Purchaser. The Purchaser shall receive, off-load, check, store and properly protect the Goods and shall be responsible for all loss and damage due to any cause whatsoever. 7.11 [Claims for shortages shall be made in writing to the Joule within 7 (seven) days of receipt of the consignment in respect of which the Purchaser alleges a shortage is alleged by the Purchasershortage. In the event of non- non-delivery of any consignment, whether by rail or road, the Purchaser shall notify the Company Joule in writing within 21 (twenty twenty-one) days of the date of receipt by the Purchaser of a copy of the relevant railway or road consignment note.]