Delivery; Risk of Loss. Deliveries must be made both in quantities and at times specified on the face of the Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. ▪ Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on the Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made after or before the specified delivery date. Seller will bear all costs and damages incurred by Buyer due to late or early delivery. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in the Purchase Order, all goods are sold DAP. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.
Delivery; Risk of Loss. 7.1 Deliveries must be made in quantities and at times specified on the face of this Purchase Order or a Release and time is of the essence. Each Release is an integral part of the Contract, is governed by these Terms, and is not an independent contract. Buyer will not be required to pay for Products delivered to Buyer that are in excess of quantities specified in a Release. Buyer may reject any deliveries made more than two weeks after or before the specified delivery date.
7.2 If Seller fails to have Products ready for shipment in time to meet Xxxxx's delivery schedules, Seller will be responsible for any additional costs of premium or expeditious transportation of Products. Buyer will have the right to either arrange for expeditious shipment of the Products or require Seller to ship the Products, and Seller will pay or reimburse Buyer for the entire cost of such expeditious shipment.
7.3 Unless provided otherwise in this Contract, all Products are sold Ex Works (Incoterms 2010) origin.
Delivery; Risk of Loss. The Estimated Delivery Dates and First Election Use (if any) set forth on the front side of this Agreement are estimates and may only be established or revised, as applicable, by the parties, in a written amendment to this Agreement, because of delays in executing this Agreement, changes requested by Customer, product availability and other events. ES&S will notify Customer of such revisions as soon as ES&S becomes aware of such revisions. Risk of loss for the ES&S Hardware and ES&S Software shall pass to Customer when such items are delivered to Customer’s designated location. Upon transfer of risk of loss to Customer, Customer shall be responsible for obtaining and maintaining sufficient casualty insurance on the ES&S Hardware and ES&S Software and shall name ES&S as an additional insured thereunder and, at ES&S’ request, shall deliver written evidence thereof to ES&S until all amounts payable to ES&S under this Agreement have been paid by Customer.
Delivery; Risk of Loss. 6.1 Deliveries of Products must be made in quantities and at times specified in the applicable Order Document or a Release and time is of the essence. Each Release is an integral part of this Agreement, is governed by these Indirect Purchasing Terms and Conditions for Indirect Purchasing, and is not an independent contract. Buyer will not be required to pay for Products delivered to Buyer that are in excess of quantities specified in a Release. Buyer may reject any deliveries made more than two weeks after or before the specified delivery date.
6.2 If Supplier fails to have Products ready for shipment in time to meet Xxxxx's delivery schedules, Supplier will be responsible for any additional costs of premium or expeditious transportation of Products. Buyer may either arrange for expeditious shipment of the Products or require Supplier to ship the Products, and Supplier will pay or reimburse Buyer for the entire cost of such expeditious shipment.
6.3 Unless otherwise agreed in writing by the parties, all Products are sold Ex Works (Incoterms 2020) origin.
Delivery; Risk of Loss. Tyler shall deliver the Licensed Software to Purchaser’s place of business. Risk of loss of the Licensed Software, and media on which such may be delivered, shall remain with Tyler at all times until completed delivery.
Delivery; Risk of Loss. Deliveries must be made both in quantities and at times specified on the face of this Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on this Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made more than two weeks after or before the specified delivery date. In case of rejection of delivery, the order will be considered as cancelled without any compensation due by the Buyer to the Seller. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in this Purchase Order, all goods are sold F.O.B destination. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.
Delivery; Risk of Loss. The Estimated Delivery Dates set forth on the Sales Order are merely estimates and may be revised by ES&S because of delays in executing this Agreement, changes requested by Customer and other events. ES&S will notify Customer of revisions to the Estimated Delivery Dates as soon as ES&S becomes aware of such revisions. Risk of loss for the Equipment and Software shall pass to Customer when such items are delivered to Customer’s designated location. Upon transfer of risk of loss to Customer, Customer shall be responsible for obtaining and maintaining sufficient casualty insurance on the Equipment and Software and shall name ES&S as an additional insured thereunder until all amounts payable to ES&S under this Agreement have been paid by Customer.
Delivery; Risk of Loss. 1. a) Deliveries must be made both in quantities and at times specified on the face of this Purchase Order or in Buyer's delivery schedules and time is of the essence.
Delivery; Risk of Loss. All goods are FOB destination, and risk of loss will remain with Supplier until delivery by Supplier and acceptance by County. Goods delivered by Supplier that are damaged, defective, or otherwise fail to conform to PO may be rejected by County or held by County at Supplier's risk and expense. County may charge Supplier for cost(s) to inspect, unpack, repack, store and re-ship rejected goods.
Delivery; Risk of Loss. Delivery of all API sold by PLANTEX to NOVACEA hereunder shall be made, and title thereto and risk of loss thereof shall pass, to NOVACEA upon receipt of the API by NOVACEA at NOVACEA’s facility.
