Common use of DELIVERY, RISK & TITLE Clause in Contracts

DELIVERY, RISK & TITLE. 7.1 Unless otherwise expressly stated in the Contract, the Goods will be delivered Carriage Paid, to the Seller, the destination named in the Contract; freight, packing and handling will be charged at Seller’s standard rates. Risk of loss of or damage to the Goods shall pass to Buyer upon delivery as aforesaid and Buyer shall be responsible for insurance of the Goods after risk has so passed. 7.2 The time, if any, specified for the commencement and completion of the supply and delivery of the Goods shall be deemed to be variable if delays are occasioned by force majeure, strike, lock-outs, accidents or any other cause being outside the Seller’s control. 7.3 Goods invoiced or supplied are not tested, and no warranty is given nor shall any warranty be implied to the effect that Goods supplied are suitable for any specific purpose. The Seller’s liability in respect of any defects in goods shall be limited to an amount not exceeding the invoiced price of such Goods. No claim in respect of defects shall be considered by the Seller unless made within seven days of the date of delivery of the Goods concerned. 7.4 Goods shall not be returned after delivery without the Seller’s prior agreement and a re-stocking charge. Customized items are subject to 100% re-stocking charge. 7.5 The Seller does not accept any ‘time is of the essence’ clauses. 7.6 The Ownership of all Goods agreed to be sold by the Seller to the Buyer shall remain with the Buyer until all debts due to the Seller from the Buyer have been discharged in full. Until all such Debts have been discharged in full the Buyer shall; (i) Store the Goods so as to clearly show them to be the property of the Seller. (ii) Not enter into any Sub-Sale of the Goods unless authorized by the Seller in writing. (iii) Hold all monies received from any authorized Sub-Sale as Trustee for the Seller. (iv) At the request of the Seller furnish the Seller with the names and addresses of Debtors, Sub-Purchasers and all appropriate particulars thereof so as to enable the Seller to recover sums owing from such Sub-Purchasers directly. (v) The risk in the Goods shall pass to the Buyer at the point of delivery. (vi) All payments received by the Seller shall be first utilized in settlement of Accounts which have been outstanding longest. 7.7 The Seller shall be entitled to repossess any Goods agreed to be sold to the Buyer in respect of which payment is overdue and thereafter to resell the same. For this purpose, the Buyer hereby grants an irrevocable right and licence to the Seller through its servants and agents with or without vehicles on all or any premises of the Buyer on which such Goods may be.

DELIVERY, RISK & TITLE. 7.1 Unless otherwise expressly stated in the Contract, the Goods will be delivered Carriage Paid, to the Seller, the destination named in the Contract; freight, packing and handling will be charged at Seller’s standard rates. Risk of loss of or damage to the Goods shall pass to Buyer upon delivery as aforesaid and Buyer shall be responsible for insurance of the Goods after risk has so passed. 7.2 The time, if any, specified for the commencement and completion of the supply and delivery of the Goods shall be deemed to be variable if delays are occasioned by force majeure, strike, lock-outs, accidents or any other cause being outside the Seller’s control. 7.3 Goods invoiced or supplied are not tested, and no warranty is given given, nor shall any warranty be implied to the effect that Goods supplied are suitable for any specific purpose. The Seller’s liability in respect of any defects in goods shall be limited to an amount not exceeding the invoiced price of such Goods. No claim in respect of defects shall be considered by the Seller unless made within seven days of the date of delivery of the Goods concerned. 7.4 Goods shall not be returned after delivery without the Seller’s prior agreement and a re-re- stocking charge. Customized items are subject to 100% re-stocking charge. 7.5 The Seller does not accept any ‘time is of the essence’ clauses. 7.6 The Ownership of all Goods agreed to be sold by the Seller to the Buyer shall remain with the Buyer Seller until all debts due to the Seller from the Buyer have been discharged in full. Until all such Debts have been discharged in full the Buyer shall; (i) Store the Goods so as to clearly show them to be the property of the Seller. (ii) Not enter into any Sub-Sale of the Goods unless authorized by the Seller in writing. (iii) Hold all monies received from any authorized Sub-Sale as Trustee for the Seller. (iv) At the request of the Seller furnish the Seller with the names and addresses of Debtors, Sub-Purchasers and all appropriate particulars thereof so as to enable the Seller to recover sums owing from such Sub-Purchasers directly. (v) The risk in the Goods shall pass to the Buyer at the point of delivery. (vi) All payments received by the Seller shall be first utilized in settlement of Accounts which have been outstanding longest. 7.7 The Seller shall be entitled to repossess any Goods agreed to be sold to the Buyer in respect of which payment is overdue and thereafter to resell the same. For this purpose, the Buyer hereby grants an irrevocable right and licence to the Seller through its servants and agents with or without vehicles on all or any premises of the Buyer on which such Goods may be.

DELIVERY, RISK & TITLE. 7.1 Unless otherwise expressly stated in the Contract, the Goods will be delivered Carriage Paid, to the SellerDelivery Location; carriage, the destination named in the Contract; freight, packing insurance and handling will be charged at Seller’s standard rates. Risk of loss of or damage to the Goods shall will pass to Buyer upon delivery as aforesaid Delivery and Buyer shall will be responsible for insurance of the Goods after risk has so passed. 7.2 The timefrom Delivery. Alternatively, if any, specified it is expressly stated in the Quotation that Seller is responsible for the commencement and completion of the supply and delivery insurance of the Goods shall after their Delivery; such insurance will be deemed to be variable if delays are occasioned by force majeure, strike, lock-outs, accidents or any other cause being outside the charged at Seller’s control. 7.3 Goods invoiced standard rates Seller may deliver by instalments and if so each Delivery will constitute a separate contract and failure by Seller to Deliver any one or supplied are more of the instalments in accordance with their terms will not tested, and no warranty is given nor shall any warranty entitle Buyer to terminate the whole Contract or treat it as repudiated. Claims for shortfalls in quantity or for incorrect Delivery will be implied void if made more than fourteen (14) days after Delivery. Title to the effect that Goods supplied are suitable for any specific purpose. The Seller’s liability in respect of any defects in goods shall be limited to an amount not exceeding the invoiced price of such Goods. No claim in respect of defects shall be considered by the Seller unless made within seven days of the date of delivery of the Goods concerned. 7.4 Goods shall not be returned after delivery without the Seller’s prior agreement and a re-stocking charge. Customized items are subject to 100% re-stocking charge. 7.5 The Seller does not accept any ‘time is of the essence’ clauses. 7.6 The Ownership of all Goods agreed to be sold by the Seller pass to the Buyer shall remain with until the earlier of: (a) the Supplier receives payment in full (in cash or cleared funds) for the Goods; or (b) the Buyer until all debts due resells the Goods, in which case title to the Seller from the Buyer have been discharged in full. Until all such Debts have been discharged in full the Buyer shall; (i) Store the Goods so as to clearly show them to be the property of the Seller. (ii) Not enter into any Sub-Sale of the Goods unless authorized by the Seller in writing. (iii) Hold all monies received from any authorized Sub-Sale as Trustee for the Seller. (iv) At the request of the Seller furnish the Seller with the names and addresses of Debtors, Sub-Purchasers and all appropriate particulars thereof so as to enable the Seller to recover sums owing from such Sub-Purchasers directly. (v) The risk in the Goods shall pass to the Buyer at the point of delivery.time specified in clause 9.6(b) Until title to the Goods has passed to the Buyer, the Buyer shall: (via) All payments received store the Goods separately from all other goods held by the Seller Buyer so that they remain readily identifiable as the Supplier's property; (b) not remove, deface or obscure any identifying mark or packaging on or relating to the Goods; (c) maintain the Goods in satisfactory condition and keep them insured against all risks for their full price from the date upon which risk in the Goods passed to the Buyer; (d) notify the Supplier immediately if it becomes subject to any of the events listed in clause 15.1(b), 15.1(c), 15.1(d) and (e) give the Supplier such information as the Supplier may reasonably require from time to time relating to: (i) the Goods; and (ii) the ongoing financial position of the Buyer. Subject to clause 9.7 the Buyer may resell or use the Goods in the ordinary course of its business (but not otherwise) before the Supplier receives payment for the Goods. However, if the Buyer resells the Goods before that time: (a) it does so as principal and not as the Supplier’s agent; and (b) title to the Goods shall be first utilized in settlement of Accounts which have been outstanding longest. 7.7 The Seller shall be entitled to repossess any Goods agreed to be sold pass from the Supplier to the Buyer immediately before the time at which resale by the Buyer occurs. At any time before title to the Goods passes to the Buyer, the Supplier may: (a) by notice in respect of which payment is overdue and thereafter writing, terminate the Buyer’s right under clause 9.6 to resell the same. For this purpose, Goods or use them in the ordinary course of its business; and (b) require the Buyer hereby grants an irrevocable right to deliver up all Goods in its possession that have not been resold, or irrevocably incorporated into another product and licence if the Buyer fails to the Seller through its servants and agents with or without vehicles on all or do so promptly, enter any premises of the Buyer on which such or of any third party where the Goods may beare stored in order to recover them.

DELIVERY, RISK & TITLE. 7.1 Unless otherwise expressly stated in the Contract, the Goods will be delivered Carriage Paid, to the Seller, the destination named in the Contract; freight, packing and handling will be charged at Seller’s standard rates. Risk of loss of or damage to the Goods shall pass to Buyer upon delivery as aforesaid and Buyer shall be responsible for insurance of the Goods after risk has so passed. 7.2 The time, if any, specified for the commencement and completion of the supply and delivery of the Goods shall be deemed to be variable if delays are occasioned by force majeure, strike, lock-outs, accidents or any other cause being outside the Seller’s control. 7.3 Goods invoiced or supplied are not tested, and no warranty is given nor shall any warranty be implied to the effect that Goods supplied are suitable for any specific purpose. The Seller’s liability in respect of any defects in goods shall be limited to an amount not exceeding the invoiced price of such Goods. No claim in respect of defects shall be considered by the Seller unless made within seven days of the date of delivery of the Goods concerned. 7.4 Goods shall not be returned after delivery without the Seller’s prior agreement and a re-re- stocking charge. Customized items are subject to 100% re-stocking charge. 7.5 The Seller does not accept any ‘time is of the essence’ clauses. 7.6 The Ownership of all Goods agreed to be sold by the Seller to the Buyer shall remain with the Buyer Seller until all debts due to the Seller from the Buyer have been discharged in full. Until all such Debts have been discharged in full the Buyer shall; (i) Store the Goods so as to clearly show them to be the property of the Seller. (ii) Not enter into any Sub-Sale of the Goods unless authorized by the Seller in writing. (iii) Hold all monies received from any authorized Sub-Sale as Trustee for the Seller. (iv) At the request of the Seller furnish the Seller with the names and addresses of Debtors, Sub-Purchasers and all appropriate particulars thereof so as to enable the Seller to recover sums owing from such Sub-Purchasers directly. (v) The risk in the Goods shall pass to the Buyer at the point of delivery. (vi) All payments received by the Seller shall be first utilized in settlement of Accounts which have been outstanding longest. 7.7 The Seller shall be entitled to repossess any Goods agreed to be sold to the Buyer in respect of which payment is overdue and thereafter to resell the same. For this purpose, the Buyer hereby grants an irrevocable right and licence to the Seller through its servants and agents with or without vehicles on all or any premises of the Buyer on which such Goods may be.