Delivery, Risk and Title. 5.1 Xxxxx shall use commercially reasonable efforts to meet the agreed delivery or performance date. If Xxxxx is, or is likely to be, unable to meet the delivery or performance date, Xxxxx will promptly give Client written notice of the relevant circumstances together with a date upon which Xxxxx reasonably expects to be able to deliver the Products or to perform the Services. Xxxxx shall not be liable in any way for any loss or damage sustained by Client as a result of Xxxxx’x failure to make delivery of the Products or performance of the Services on or before the agreed delivery date, nor will such failure constitute a breach of the Agreement.
5.2 Delivery of Hardware Products is subject to the Incoterms of the International Chamber of Commerce which are in force at the relevant delivery date. Unless a specific other Incoterm and destination is agreed, Xxxxx will deliver the Products within the Netherlands CARRIAGE PAID TO (CPT) named place of destination (as set out in the Agreement) and outside the Netherlands EX WORKS (EXW) De Lier.
5.3 Xxxxx will deliver the Software Product to Client by the delivery date specified in the Agreement in accordance with the delivery method set forth therein. The Software Product will be deemed irrevocably accepted upon delivery, unless the Agreement specifies that acceptance shall take place in accordance with a mutually agreed acceptance procedure.
5.4 Title to Hardware Products shall pass to Client only after full payment of all amounts which Xxxxx is entitled to claim from Client for the Products and Services delivered to Client pursuant to this Agreement as well as all amounts that Client is due to Xxxxx for being in default of observing any payment term or any other term in the Agreement.
5.5 Hardware Products delivered by Xxxxx under retention of title may only be resold by Client within the scope of its normal business activities. Client is obliged to ensure that the Hardware Products remain or are rendered identifiable. Should Client be in default or should there be good reason to suspect that Client may default on any of its obligations, Xxxxx will be entitled to remove the Hardware Products belonging to it from Client’s possession or from the possession of a third party holding the Products on behalf of Client, at Client’s expense.
5.6 Client undertakes to insure and keep insured against loss, damage and theft all the Hardware Products delivered under retention of title and to make the insurance policy availab...
Delivery, Risk and Title. 9.1 The Supplier is responsible for the Delivery and all costs (including insurance) associated with the Delivery of the Deliverables. On Delivery, all Goods must be clearly marked or identified as the property of Watercare.
9.2 Subject to Watercare's right to reject or return any Goods, title to and property in the Goods free from any encumbrances or security interests immediately passes to Watercare on the earlier of payment in accordance with clause 5.2 or Delivery.
9.3 Risk in the Goods remains with the Supplier until Delivery to Watercare.
Delivery, Risk and Title. The place and the date of the delivery of the TYRES shall be specified in the ORDER CONFIRMATION. The CUSTOMER must examine the TYRES delivered at the PARTNER’s shop. If the CUSTOMER discovers that the features of the TYRES delivered do not match the features described in the MOBOX PACKAGE OFFER, he/she must promptly inform MOBOX by sending an e-mail to the following address: xxxxxxx.xx@xxxxxxx.xx The transfer of the risk to the CUSTOMER will occur upon receipt of the TYRES at the PARTNER’s shop.
Delivery, Risk and Title. 9.1 The Supplier is responsible for the Delivery and all costs (including insurance) associated with the Delivery of the Deliverables. On Delivery, all Goods must be clearly marked or identified as the property of WSL.
9.2 Subject to WSL's right to reject or return any Goods, title to and property in the Goods free from any encumbrances or security interests immediately passes to WSL on the earlier of payment in accordance with clause 5.2 or Delivery.
9.3 Risk in the Goods remains with the Supplier until Delivery to XXX.
Delivery, Risk and Title. 3.1 Submer agrees to supply the Products, Services and Projects in accordance with these Terms and Conditions and in consideration of payment of the Purchase Price by the Client.
3.2 Unless specified otherwise, it will be presumed that delivery of Submer Products will occur Ex Works at a warehouse or address of Submer’s choosing. In case the Client fails to collect the Products within ten (10) Business Days from Delivery Date at the Delivery Point, Submer will invoice the Client three (3) Euro per Euro- pallet per day of storage fees.
3.3 If delivery of Submer Products does not occur Ex Works and Submer is to arrange the shipping, Submer will invoice the Client a handling fee of one hundred and fifty (150) Euro, or a five percent (5%) of the Purchase Price, whichever the highest. All shipping charges shall be pre-approved by the Client in writing based on estimated shipping charges provided by Submer. The Client will reimburse pre-approved shipping charges invoiced by Submer within fifteen (15) days of such invoice. The Client agrees that any additional shipping charges such as, but not limited to, additional storage in transit fees resulting from Client’s lack of capability to receive Submer’s shipping, will also be subject to reimbursement by the Client to Submer.
Delivery, Risk and Title. 5.1 Delivery of the Hardware Products is subject to the Incoterms of the International Chamber of Commerce which are in force at the relevant delivery date. Unless a specific other Incoterm and destination is agreed, Supplier shall deliver the Product(s) "DDP", as defined in the latest version of the international commercial terms (Incoterms) of the International Chamber of Commerce (ICC) to Xxxxx'x designated destination.
5.2 Title to Hardware Product(s) shall pass to Xxxxx upon delivery or payment, whichever is earlier.
5.3 Supplier shall deliver the Products and perform the Services in accordance with any delivery or performance date or timeline specified in the Agreement. Where the relevant Agreement does not specify any such date or timeline, Supplier shall deliver such Product or perform such Services as soon as possible but in any event, within a reasonable period of time. If Supplier fails to meet a delivery or performance date or timeline, it will be in default without any notice of default being required.
5.4 If Supplier is, or is likely to be, unable to meet any delivery or performance date or timeline, Supplier will promptly give Xxxxx written notice of the relevant circumstances together with a date upon which Supplier reasonably expects to be able to deliver the Products or perform the Services.
5.5 In case Supplier fails to deliver the Products and perform the Services in accordance with the delivery date or performance date or timeline, as specified in the Agreement, Xxxxx will be entitled to liquidated damages amounting to 1% (one percent) of the Price for the delayed Products or Services for each day of delay, without prejudice to Xxxxx'x other rights and remedies under the Agreement or at law.
5.6 Xxxxx may postpone or suspend delivery of the Products or performance of the Services for a reasonable period of time by providing Supplier with a written notice to that effect. Xxxxx’x written notice shall indicate the amount of time for which the term is being extended. Supplier will receive a reasonable reimbursement for its actual costs as a result of such delay or suspension.
Delivery, Risk and Title. 3.1 Delivery of the goods shall be given and taken at Seller’s premises unless Xxxxxx has specifically agreed in writing to arrange transport for the goods in which case delivery shall occur when the goods arrive at the designated place of delivery. Time for delivery is given as accurately as possible but is not of the essence of the contract.
3.2 Risk shall pass to Buyer (so that Buyer is then responsible for all loss or deterioration of the goods or for any damage occurring):
3.2.1 If Seller is responsible for delivering or arranging for delivery of the goods, at the time when the goods arrive at the place for delivery; or
3.2.2 In all other circumstances, at the time when the goods leave the premises of Seller or in accordance with the applicable INCOTERM specified in the contract.
3.3 Title to the goods shall only pass to Buyer upon the happening of any of the following events:
3.3.1 Buyer having paid to Seller all sums (including any default interest) due from it to Seller (a) under this contract and under all other contracts between Seller and Buyer including any sums due under contracts made after this contract whether or not the same are immediately payable and (b) under all contracts between Seller and any associate or subsidiary company of Buyer or any company under the ultimate control of the same parent company as has ultimate control of Buyer;
3.3.2 Seller serving on Buyer notice in writing specifying that title in the goods has passed.
3.4 Seller may recover goods in respect of which title has not passed to Buyer at any time and Buyer irrevocably authorises Seller, its officials, employees and agents to enter upon any premises of Buyer, with or without vehicles, for the purpose either of satisfying itself that Condition 3.5 below is being complied with by Buyer or of recovering any goods in respect of which title has not passed to Buyer.
3.5 Until title to the goods has passed to Buyer under these terms and conditions it shall possess the goods as fiduciary agent and bailee of Seller. If Seller so requires, Buyer shall store the goods separately from other goods and shall ensure that they are clearly identifiable as belonging to Seller. During such time as Buyer possesses the goods with Seller’s consent, Buyer may in the normal course of its business sell or hire the goods as principal but without committing Seller to any liability to the person dealing with Buyer. If the goods are processed or mixed by Buyer with other goods so that it loses...
Delivery, Risk and Title. 5.1 Delivery of the Hardware Products is subject to the Incoterms of the International Chamber of Commerce which are in force at the relevant delivery date. Unless a specific other Incoterm and destination is agreed, Supplier shall deliver the Product(s) "DDP", as defined in the latest version of the international commercial terms (Incoterms) of the International Chamber of Commerce (ICC) to Infinite Acres’ designated destination.
Delivery, Risk and Title. The Goods shall be delivered to the facility referenced in the PO. Title and risk of loss or damage to the Goods shall pass from Seller to Buyer in accordance with the applicable Incoterm specified in the PO and per the version of such Incoterms in effect on such date. Shipping and delivery charges shall be made in accordance with the Incoterm specified in the PO and per the version of such Incoterms in effect on such date. Shipping and delivery charges shall be made in accordance with the Incoterm stated in the PO and per the version of such Incoterms in effect on such date. All shipments on which freight charges are due must be prepaid. Collect shipments will not be accepted. Buyer’s PO number must appear on the outside of each package and on all packing slips, invoices, and associated paperwork. A packing slip must be included with each shipment.
Delivery, Risk and Title. 6.1 The Supplier is responsible for the delivery and all costs associated with the delivery of the Goods to the Company's premises or such other location that is specified in the Purchase Order.
6.2 Title to and property in the Goods immediately passes to the Company upon payment or delivery, whichever occurs first, and the Goods must be appropriately marked and identified as the property of the Company.
6.3 Risk in the Goods remains with the Supplier until the Company has accepted the Goods in accordance with clause 4 unless otherwise stated in the Purchase Order.
