Delivery Risk. 4.2.1 As between the Parties, the risk and expense of the delivery of Gold Bullion under this Agreement, including, without limitation, risk of a Force Majeure occurrence, accident, theft, loss or product liability, shall be solely borne by Carrier until such time as Carrier delivers the Gold Bullion to the Delivery Point Contact in accordance with the terms of the Delivery Notice, or as permitted under Section 4.2.1.2 to BMO at which time (the “Delivery Completion Time”) the delivery will be deemed to have been completed; provided that:
Delivery Risk. 7.1 In the case of tangible goods, CMS will deliver them to the Customer, its agent or nominee, to a carrier, address of the Customer or as otherwise agreed in writing.
Delivery Risk. 12.1 Delivery shall occur when the Goods arrive at the delivery address or 2 working days after delivery or collection is offered to You.
Delivery Risk. 11.1 The goods shall be delivered by THE SUPPLIER to THE APPLICANT, and delivery of the goods shall be deemed to have been made by THE SUPPLIER to THE APPLICANT -
Delivery Risk. 1. Delivery times are provided for indicative purposes and do not represent an obligation to achieve a given result. Cases of force majeure (see Art. 11.7) by the seller or the latter's supplier are sufficient grounds for any delay in delivery, even for deliveries punishable by a fine or compensation in the event of a special contractual provision. Special provisions also include at the most making weathertight and not the finish. Changes in the orders will automatically lead to the expiry of the specified delivery times. Before commencement, XXXXXXXXXX must be provided with all necessary information, including any authorisations, measurements, etc. 2. Any ordered goods and materials, both in case of acceptance and purchase, will always be transported at the customer’s own risk, even if we have agreed to handle transport. The customer-consumer only bears the cost. Storage of the goods pending delivery or collection is at the customer's risk. The co-contractor should ensure that the person who receives the goods and signs the CMR document is authorised to do so. The parties hereby acknowledge that the stipulated allocation of risks was a factor in the agreed price and that mutual concessions were made. 3. If the customer fails to take delivery of the goods, a fee of 6.5 euros/m³ per month will be charged. 4. In cases of delivery on request, such deliveries must accordingly be made at regular intervals. If the calls are not made regularly, the seller is free by rights to charge statutory rates of interest on the anticipated prices for the quantities made available, from the normal delivery dates to the actual delivery dates, without prejudice to the right to terminate the agreement out of court at the expense of the customer after the serving of formal notice. 5. When goods are ordered in types of wood that have yet to be imported, delivery is subject to 'good delivery'. This concerns both the reasonable availability of the timber at a reasonable market price and the actual delivery and transport risk. Such orders will be cancelled by rights if the timber is not available within four months of the estimated delivery date. This shall not give rise to any compensation. The parties acknowledge that the preceding clauses on wood to be imported are reasonable in view of the specific nature of the goods and the specific nature of the market. 6. Additional costs caused by the fact that the customer requires a shorter delivery period than the normal reasonable deliv...
Delivery Risk. 9.1 Where agreed, we will deliver the Goods to your nominated address. Prices quoted for the Goods are “ex-store”, and a delivery charge may apply to cover freight, unless delivery charges have been specifically included in the quotation. You are responsible for paying all delivery chargers, even if they are not included on a quotation.
Delivery Risk. 4.1 Borg Dental shall arrange delivery of the Products & Services to the Customer’s premises but if the Products & Services are damaged in any way during transportation or delivery then our liability is limited to repairing or replacing it if Borg Dental believes that is required.
Delivery Risk. Under the NR12, the Contractor generally takes the risk of performing and completing the Works, including the risk of latent defects in the design, construction, workmanship or the cost risk involved with late completion. The Contractor is therefore potentially liable for the costs of failing to deliver the Works in accordance with the Employer’s requirements, including liability for paying liquidated damages if completion is late and for rectifying post-completion defects at its own cost. Under the PAA, the Participants (including the Owner Participant) share the risk of delivery including defects in design, construction or workmanship. The NOPs are therefore not solely liable for delivering the Works, as the risk is an Alliance risk shared through the pain/gain share cost model. This means that the NOPs are not liable for liquidated damages if the Works are completed late. In addition, the NOPs are paid their actual cost for rectifying defects subject to the pain/gain share arrangements. In the event of late completion delay costs incurred by Network Rail may be charged as actual cost to the Project, again on the basis that the liability for most costs incurred by the Alliance relating to the Project will be shared between all the Participants. Commercial Risk In the traditional NR12, the target cost includes only the Contractor’s costs. The onus is therefore on the Contractor to control its own costs in order to achieve “gain” through the pain/gain share mechanism. The Contractor’s target cost will be adjusted where typical Employer risk events occur, for example as a result of all instructed variations. In many NR Suite contracts such as the lump sum NR9 or target cost NR12 versions, the Contractor’s liability is capped in certain areas, such as in relation to reimbursing NR for railway costs incurred by it due to the Contractor’s performance. Under the PAA, the Participants (including the Owner Participant) share the commercial risk of delivering the Project through a joint target cost and pain/gain share mechanism which includes both the Owner Participants and the NOPs incurred costs. The target cost will only be changed as a result of a small number of Owner held risks and is not changed at all as a result of the occurrence of Alliance risks. The net result of this approach in the Project Alliance Agreement is that both Network Rail and the NOPs have some “skin in the game” commercially. It is therefore in all of their interests to collaborate and w...
Delivery Risk. 6.1. Risk in the Products will pass to the Client upon the Products being picked up from Needeep In Design’s premises or upon delivery to the Client.
Delivery Risk. Failure to deliver the inputs required to deliver KPIs should be borne by the organisation failing to deliver.
