Delivery; Risk of Loss; Title. Contractor shall deliver to the JBE the Goods in accordance with this Agreement, including the Scope of Work and Specifications. Unless otherwise specified by the JBE, Contractor will deliver all equipment purchased by the JBE “Free on Board Destination Freight Prepaid” to the JBE at the address and location specified by the JBE. Title to all equipment purchased by the JBE vests in the JBE upon payment of the applicable purchase price. Contractor will bear the risk of loss for any Work being delivered until received by the JBE at the proper location.
Delivery; Risk of Loss; Title. Except as otherwise stated in this Contract, delivery of the Material will be Ex Works (Incoterms 2010) at the facilities of DSI. Delivery dates will be confirmed after the reception of a binding Order from the Buyer. The risk of loss or damage and the responsibility regarding the Material shall lie with the Buyer once it has been delivered to the loader at the facilities of DSI. No shipment shall be made or acknowledged without the prior written consent by DSI. Unless otherwise agreed, DSI shall select the means of transport and routes. The title and rights of ownership of any Material included in/covered by this Contract shall remain with DSI until the purchase price has been paid in full or until DSI’s rights of lien have expired.
Delivery; Risk of Loss; Title. Any quoted delivery dates are approximate and only the delivery date specified in the Contract will be binding; provided, however, delivery dates are subject to revision at any time due to causes beyond the Seller’s control (as notified to Buyer) including without limitation delay in receipt of Buyer’s signature to the Contract or Buyer’s complete specifications; fire, shortages of material, transportation delays, strikes, failure of suppliers or subcontractors to meet delivery schedules, war, riots, acts of God, epidemics, pandemics, any action by any government agency and any priority or rationing system imposed by authority of any government agency. Delivery to a common carrier or licensed trucker shall constitute tender of delivery, passing of risk of loss to the Buyer and all risk of loss or damage in transit shall be borne by the Buyer. Seller shall not be liable to Buyer for any costs, damages or expenses arising, in any way, from any late delivery or non- delivery. Seller reserves the right to stoppage in transit and to repossess equipment notwithstanding delivery to the carrier until payment in full has been made to Seller. Title to the Products will not pass to Buyer, and Buyer hereby grants a security interest to Seller in such Products (together with all of the rights and remedies of a secured party under the Uniform Commercial Code), until all Seller invoices have been paid in full. During the period of reservation of title, Buyer must, at its own cost, maintain the Products and insurance them for the benefit of Seller against all risks. No claim relating to quantity, condition, loss or damage to the Products made by Buyer will be accepted by Seller unless Seller is given written notice of said claim within thirty (30) days after date of shipment and Buyer establishes that such condition, loss or damages to the Products existed prior to shipment.
Delivery; Risk of Loss; Title. 2.7.1 Equipment shall be priced and shipped F.O.B place of shipment. Calypso may from time to time, pre-pay freight charges from the place of shipment and invoice such charges back to Customer. Equipment shall be shipped to the Installation Site(s). Software shall be shipped to Customer's designated delivery location (i.e., a staging center of warehouse). Customer shall be responsible for the coordination of all delivery arrangements required to comply with Project Schedule and/or Rolling Forecast dates and for freight and handling charges from Customer's designated delivery location to the Installation Sites.
2.7.2 Title and risk of loss or damage to any Equipment furnished by Calypso to Customer in accordance with this Agreement shall pass to Customer at the point and on the date of shipment. Calypso warrants to Customer that such title shall be good and clear title, free and clear of all liens and encumbrances. The foregoing notwithstanding, title to Software shall not pass to Customer at any time.
2.7.3 Not later than thirty (30) days prior to the earliest shipment date relating to any of the items covered by the applicable Purchase Order, Customer may notify Calypso that Customer (i) does not wish to receive shipment of any Equipment on the date set forth in such Purchase Order, or (ii) that Customer's facilities are not prepared in sufficient time for Calypso to make delivery pursuant to the date set forth in the applicable Purchase Order. In such case Calypso shall have the right to place such Equipment in storage and Customer shall be liable for all additional transportation, demurrage, loading, storage, and associated costs thereby incurred by Calypso. The shipment of Equipment to a storage location as provided in 7 /s/ J.S.A. /s/ J.Z.M. ------ ------ Atel S.A. this Section 2.6.2 shall be deemed to constitute shipment of the Equipment for purposes of invoicing, passage of title and risk of loss, and commencement of the Warranty Period.
Delivery; Risk of Loss; Title. All sales are FOB Seller’s facility and shall constitute full and final delivery as provided in INCOTERMS 2010, unless otherwise agreed in a writing signed by Xxxxxx and Buyer. Title and risk of loss shall pass to Buyer upon delivery. Seller shall retain title to all leased or rented goods. Buyer shall bear all risks and expenses for all returns, including but not limited to freight, insurance, packaging, materials and/or labor resulting from rejection or correction of the goods furnished hereunder.
Delivery; Risk of Loss; Title. For each Batch of Product, Provider will deliver to Senti the corresponding samples, Batch Documentation and any other documentation required by the Quality Agreement for Provider to disposition the Product. Provider will deliver all Product, raw materials and components, samples and other Deliverables to be delivered pursuant to this Agreement [***] indicated in the applicable Statement of Work. To the extent not already held by Xxxxx, risk of loss and damage will transfer to Senti upon [***] and title will transfer to Senti [***]. If Provider provides storage services as provided in the applicable SoW, then risk of loss and title to stored items will pass to Senti upon [***] (subject to [***].
Delivery; Risk of Loss; Title
