DELIVERY, RISK AND OWNERSHIP Sample Clauses

DELIVERY, RISK AND OWNERSHIP. 7.1. Unless otherwise stipulated in the Quotation, delivery shall be ex-works (IAS’ premises in Boksburg, South Africa) and the Purchase Price is based on ex-works, as defined in the ICC-Inco Terms 2020, and exclusive of VAT, Taxes, or any other taxation payable in terms of any applicable statute or otherwise, packaging, loading, freight, unloading or insurance during transport. 7.2. The risk in and to the Product/Services will pass to the Customer on delivery and claims for non-delivery or for shortages or damage upon receipt of the Product/Services must be made in writing by the Customer, within 7 (seven) days of the relevant consignment note or receipt of the product/services as the case may be, failing which IAS shall have no liability in respect of such claims. 7.3. Should the Customer fail or refuse to take delivery of the Product/Services in accordance with the delivery program, or if no delivery program is specified, when delivery is tendered by IAS, the Customer shall be liable for all such costs as may be incurred by IAS in consequence thereof. 7.4. The indicated delivery times provided by IAS to the Customer are estimated guidelines only, and delays shall not entitle the Customer to cancel the sale, refuse or return the Products or claim damages. 7.5. Ownership of the Products remains with IAS, notwithstanding delivery, until such time as the Customer has made full payment to IAS in respect of the Products. 7.6. IAS shall not be liable for delays in delivery or performance, due to (i) a cause beyond its reasonable control, or (ii) an act of God, act of the Customer, act of civil or military authority, Governmental priority, strike or other labour disturbance, flood, epidemic, war, riot, delay in transportation, or (iii) inability on account of a cause beyond the reasonable control of IAS to obtain necessary materials, components, services or facilities or in the event of electricity supply interruptions. 7.7. IAS will notify the Customer promptly of any material delay excused by this clause and will specify the revised delivery date as soon as practicable. In the event of any such delay, there will be no termination and the date of delivery of performance shall be extended for the duration of the above force majeure event. 7.8. The Customer agrees that the signature of any agent, contractor, subcontractor, or employee of the Customer on IAS’S official delivery note/invoice/waybill, or the delivery note of any authorised independent carrier will ...

DELIVERY, RISK AND OWNERSHIP. The Purchaser hereby acknowledges and accepts delivery of the vehicle. Risk and ownership passes from the Seller to the Purchaser after the tender is awarded to the Purchaser and the full purchase price is paid. The Purchaser will be regarded as the rightful owner as soon as the purchase price reflects in the bank account of the Seller.

DELIVERY, RISK AND OWNERSHIP. 5.1 The Supplier shall deliver the Goods on the Delivery Date to the location specified in the Purchase Order or to other such location or in such other format, whether physical or electronic, as may be specified. 5.2 The Supplier shall ensure that the Goods are accompanied by a delivery note which shows, inter alia, the Purchase Order and a full and accurate description of the number of packages and the full contents of delivery. This Clause shall apply irrespective of whether the Goods are physically or electronically delivered. 5.3 Title and risk in the Goods shall pass to Gatwick: 5.3.1 in the case of physical delivery when the Goods are off loaded at the delivery location; or 5.3.2 in the case of electronic delivery when Gatwick has full accessibility to the Goods through its computer environment; unless payment for the Goods is made prior to delivery in accordance with this Agreement, in which case title to (but not risk in) the Goods shall pass to Gatwick once Gatwick has made payment for the Goods (risk shall pass once delivery is effected in accordance with Clause 5.3.1 or 5.3.2 (as applicable)). In the event the Supplier does not have title to the Goods when payment is made it shall waive all rights to title to the Goods and shall procure that title to the Goods passes to Gatwick with full title guarantee and free from all encumbrances and other rights of whatever nature exercisable by any third party. 5.4 Supplier shall, its sole expense until delivery in accordance with this Agreement insure the Goods against all risks to their full replacement value. 5.5 Gatwick shall not be deemed to have accepted the Goods until it has had 14 days to inspect and/or test them following delivery.

DELIVERY, RISK AND OWNERSHIP. 6.1. Unless otherwise stipulated in the Quotation, delivery shall be ex-works (Fogmaker’ premises in Boksburg, South Africa) and the Purchase Price is based on ex-works, as defined in the ICC-Inco Terms 2020, and exclusive of VAT, Taxes, or any other taxation payable in terms of any applicable statute or otherwise, packaging, loading, freight, unloading or insurance during transport. 6.2. The risk in and to the Product/Services will pass to the Customer on delivery and claims for non-delivery or for shortages or damage upon receipt of the Product/Services must be made in writing by the Customer, within 7 (seven) days of the relevant consignment note or receipt of the product/services as the case may be, failing which Fogmaker shall have no liability in respect of such claims. 6.3. Should the Customer fail or refuse to take delivery of the Product/Services in accordance with the delivery program, or if no delivery program is specified, when delivery is tendered by Fogmaker, the Customer shall be liable for all such costs as may be incurred by Fogmaker in consequence thereof. 6.4. The indicated delivery times provided by Fogmaker to the Customer are estimated guidelines only, and delays shall not entitle the Customer to cancel the sale, refuse or return the Products or claim damages. 6.5. Ownership of the Products remains with Fogmaker, notwithstanding delivery, until such time as the Customer has made full payment to Fogmaker in respect of the Products.

DELIVERY, RISK AND OWNERSHIP. Provided the conditions in clause 1.5 have been satisfied, we must, or must procure, the delivery of the System to the Premises.

DELIVERY, RISK AND OWNERSHIP. 10.1 The Purchaser shall be liable, at its own cost and expense, to take delivery of the Goods from PCK at the Warehouse. 10.2 On written request by the Purchaser, PCK shall arrange for delivery to the Purchaser at an address stipulated in the written notice, or such other address as is agreed to between the parties, and all costs of such delivery shall be for the account of the Purchaser. The parties shall use such transporter as PCK may decide. 10.3 All risk in and to the Goods shall pass to the Purchaser when the Purchaser takes delivery of the Goods at the Warehouse in accordance with clause 10.1, or where PCK has arranged for delivery of the Goods to the Purchaser in terms of clause 10.2, on delivery to the person responsible for transporting the Goods to the address/es nominated by the Purchaser. 10.4 Ownership of the Goods shall pass to the Purchaser upon receipt of full payment by the Purchaser.

DELIVERY, RISK AND OWNERSHIP. 7.1 Subject to clause 4.1, the Company shall be entitled to take delivery of the Equipment from the Effective Date from the premises of AFGRI. 7.2 The Parties agree that AFGRI shall not be responsible or liable to deliver the Equipment to the Company and that all costs associated with the Company taking delivery (or returning) of the Equipment are for the sole account and care of the Company. 7.3 All risks whatsoever associated with the Equipment shall pass to the Company upon the Company taking delivery of the Equipment at AFGRI’s premises. 7.4 The Parties agree that AFGRI shall at all times remain the legal and beneficial owner of the Equipment.

DELIVERY, RISK AND OWNERSHIP. 6.1 The Goods shall be delivered to the location specified in the Purchase Order (or to such other location or in such other format, whether physical or electronic, as may be specified by ITV) at the Supplier’s own cost, and the Supplier shall ensure that the Goods are accompanied by a delivery note which shows, inter alia, the Purchase Order number, date of Purchase Order, and a full and accurate description of the number of packages and the full contents of the delivery. This clause shall apply irrespective of whether the Goods are physically or electronically delivered. 6.2 Without prejudice to clause 7 (Intellectual Property Rights), title and risk in the Goods shall pass to ITV when delivery, whether physical or electronic (as directed by ITV), is complete (including, in the case of physical delivery, off-loading and stacking and in the case of electronic delivery ITV having full accessibility to the Goods through its computer environment), unless payment for the Goods is made prior to delivery in accordance with this Contract, in which case title to the Goods shall pass to ITV once payment has been made for the Goods by ITV. In the event the Supplier does not have title to the Goods when payment is made it shall waive all rights to title to the Goods and shall procure that title to the Goods passes to ITV. Title to the Goods shall pass to ITV with full title guarantee and free from all encumbrances and other rights of whatever nature exercisable by any third party. 6.3 Where ITV pays for Goods prior to delivery the Supplier shall: a) ensure the Goods are stored, physically or electronically as applicable, separately from all its other stock and clearly marked as the property of ITV; and b) allow ITV access to the Supplier’s premises and/or computer environment in order to take possession of the Goods on request. 6.4 The Supplier shall, at its sole expense until delivery of the Goods in accordance with this Contract, insure the Goods against all risks to their full replacement value. 6.5 The Goods shall be delivered to ITV on the date specified in the Purchase Order or, if no date is specified, within 14 days of the date of the Purchase Order. Time of delivery shall be of the essence of the Contract, so if: a) If physically delivered, the Goods shall be properly packed and secured in such a manner as to reach their destination in a good condition having regard to the nature of the Goods and all other relevant circumstances. Packaging material shall no...

DELIVERY, RISK AND OWNERSHIP. 1. The Homes will become available for delivery on the date specified in Section A or any such other date as advised to the Purchaser by the Seller. 2. Delivery of the Home shall be taken by the Purchaser on such specified date. The Seller agrees to assist the Purchaser with delivery by arranging the necessary vehicles and equipment, but all costs shall be for the Purchaser and shall be paid upfront before any delivery takes place. Failure of the Purchaser to take delivery on the date so specified shall require the Seller to store the Home at the risk and cost of the Purchaser until such time as delivery is affected. 3. The Homes are agreed to be delivered to the Purchaser when the Seller makes them available to the Purchaser or any agent of the Purchaser or any carrier (who shall be the Purchaser’s agent whoever pays its charges) at the Seller’s premises or other delivery point agreed by the Seller, and risk in the Homes shall pass to Purchaser at delivery. 4. Any damages to the Homes arising in transit or in offloading after delivery shall be at the risk of the Purchaser. 5. Delivery will be deemed to have been accepted by the Purchaser upon delivery unless rejected upon receipt. The Purchaser shall perform all inspections and tests Purchaser deems necessary as promptly as possible but in no event later than 7 days after delivery of the Homes, at which time the Purchaser shall be deemed to have irrevocably accepted the Home(s). 6. Any time or date specified for delivery is intended to be an estimate only. Time shall not be of the essence in respect of deliver. 7. The Purchaser is required to ensure that the final delivery destination/site is suitable for accommodating the Homes. The requirements in this regard are as specified in Section A. 8. The Seller reserves the right to charge a fee for visiting a Purchaser’s site to check it’s suitability or any visits to repair or conduct an alteration to a Home supplied if the issue is a result of the Purchaser’s positioning, damage, non-compliance of original requirement, interference or misuse of the Home. 9. Title in the Home shall remain with the Seller until the Seller receives payment in full of the purchase price as set out in Section A. 10. The Seller may at any time before title passes and without any liability to the Purchaser – repossess and dismantle and use or sell all or any part of a Home and by doing so terminate the Purchaser’s right to use, sell or otherwise deal with the Home (for that purpose...

DELIVERY, RISK AND OWNERSHIP. 6.1 Unless the Customer chooses another delivery address, Oasis will deliver the Equipment to an Oasis premises, which shall be made available by Oasis for such purpose from time to time. If the Customer, however, has elected to receive delivery at a chosen address, other than an Oasis premises, then Oasis will deliver the Equipment, and provide the Services (if applicable), at such address, during Business Hours, and the Customer shall ensure that a responsible person is available to accept delivery at the date and time arranged for delivery and will grant suitable access to Xxxxx’s delivery personnel or agent. 6.2 On delivery of the Equipment, the Customer shall sign a Certificate of Acceptance which shall, unless proven otherwise by the Customer and without limiting the Customer’s rights pursuant to the CPA, constitute a deemed acknowledgment by the Customer which confirms that the Equipment and the Services (if applicable) were inspected, approved and accepted in good order and to the Customer’s satisfaction, and the Customer shall within 7 days notify Oasis in writing of any defects. 6.3 Subject to the Customer’s rights to have defective products returned, repaired or monies paid in respect thereof refunded (or remedies available in respect of services provided) pursuant to the CPA, insofar as the CPA applies to the Agreement, the Customer shall have no claim of whatsoever nature against Oasis if, after acceptance of the Equipment and/or the Services by the Customer, it transpires that the Equipment or Services are unacceptable to the Customer for any reason. 6.4 Ownership of the Equipment shall at all times remain vested in Oasis and shall not pass to the Customer under any circumstances, and Oasis shall be entitled, and will be granted access, to inspect the Equipment at all reasonable times and to remove the Equipment on termination of the Agreement. The Customer shall, therefore, notify the landlord, lessor or sub- lessor of any property where the Equipment is kept of Oasis’s interest therein. 6.5 All risk in, and to, the Equipment (including for loss, damage, destruction, theft or otherwise) shall pass to the Customer, which shall assume such risk, with effect from the delivery of the Equipment to the Customer.