DELIVERY, TITLE AND RISK. All delivery dates are approximate and Seller shall not be responsible for damages resulting from any delay. Seller reserves the right to reasonable partial deliveries. Title shall not pass to Buyer until Buyer has paid in full. If this reservation of title is subject to conditions or formal requirements in the country or destination, Buyer shall ensure they are fulfilled. Buyer may not pledge, sell or assign as security the Products prior to passage of title. In the event of attachments and seizures or other delivery by third parties, Buyer shall inform the third party of Seller’s title and notify Seller immediately. If Buyer breaches the Agreement, Seller shall be entitled to repossession of the Products sold. Buyer’s application for the initiation of bankruptcy proceedings shall entitle Seller to rescind the Agreement and demand immediate return of the subject of delivery. Risk shall pass to Buyer when Seller performs work, and risk of loss or damage shall pass to Buyer upon tender to the carrier at Seller’s facility or upon moving Products into storage, whichever occurs first. Incoterms® 2010 govern and deliveries shall be EXW, ex Seller’s place of manufacture. Should delivery or acceptance be delayed or not take place as a result of circumstances not attributable to Seller, risk shall pass to Buyer as of the day of the notice of readiness for shipment or acceptance. Any claim for loss of the Products in transit should be made by the Buyer against the carrier. If Products cannot be delivered by reason of Buyer’s failure to give shipping instructions, to remit advanced payment or for any other cause attributable to the Buyer, Seller may store Products, at Buyer’s cost and risk, in a manner deemed appropriate by Seller. Seller may invoice reasonable monthly storage charges Net 10.
DELIVERY, TITLE AND RISK. 1. The Incoterms 2010 or its subsequent modifications published by the International Chamber of Commerce, and any specific product delivery conditions stated in the Agreement, shall apply to all deliveries made under the Agreement. In case of any conflict between Incoterms and any terms of the Agreement the latter shall prevail.
DELIVERY, TITLE AND RISK. 6.1 The Parties have agreed that the Purchaser shall deliver the Goods in accordance with the delivery terms DDP (Incoterms 2010) to the Service Provider’s plant.
DELIVERY, TITLE AND RISK. (a) Until the Purchaser has paid the price for the Goods supplied under each contract: (i) the Seller is and remains the legal and equitable owner of the Goods; (ii) the Purchaser holds the Goods as a fiduciary bailee for the Seller and must store the Goods safely and in a manner that clearly shows the ownership of the Seller; and (iii) the Purchaser grants to the Seller, its employees and authorised representatives an irrevocable licence to enter the Purchaser’s premises (or any other premises either under the control of the Purchaser or where the Goods are stored on behalf of the Purchaser) at any time to inspect the Goods and, if the Purchaser defaults in paying for those Goods, to use reasonable force to take possession of the Goods without liability for trespass, negligence, payment of any compensation to the Purchaser or other person or otherwise. Any exercise of this right is without prejudice to any other rights the Seller has against the Purchaser, including the right at all times to make a claim against the Purchaser for the invoiced price of the Goods, when due and payable.
DELIVERY, TITLE AND RISK. 3.1 The Supplier shall ensure that the Goods and Services are delivered in accordance with the Order and any specification provided by (including the code number of the Goods, where applicable) and Services.
DELIVERY, TITLE AND RISK. 4.12 The Client shall ensure that each relevant Client Site is ready to receive the Hardware as at the scheduled date of delivery, including ensuring that each such site has adequate electrical and air conditioning resources.
DELIVERY, TITLE AND RISK. 4.1 The Supplier shall be responsible for the cost of delivery, packaging, insurance, unloading, and adequate protection of all Goods delivered to the Location until completion in accordance with clause 4.4.
DELIVERY, TITLE AND RISK. Risk of loss or damage to Products shall pass to Customer upon shipment from NI, its warehouses, orits affiliated companies. However, NI retains title to the Products until Customer makes payment to NI in full. In addition, NI retains title to all Software. For orders to be delivered within the same country as the NI entity accepting the order, NI will arrange the shipping; however, Customer is responsible for all shipping and handling fees set forth in the invoice, unless otherwise indicated by NI. Upon written confirmation from NI, Customer may choose to arrange for shipping with a carrier previously approved by NI, but in this case or if the order is placed with an NI entity outside the country of the applicable shipping destination, Customer is responsible for all shipping and handling, including fees, customs, formalities and clearance, except that NI is responsible for the Export Declaration. Customer shall provide NI with the necessary information for the Export Declaration, in a timely manner. Shipment dates provided by NI are estimates only, and NI shall have no liability for losses or claims resulting from late delivery of Products. Claims for shipment shortage shall be deemed waived unless presented to NI in writing within forty-five (45) days of the date of NI’sinvoice. NI may, in its sole discretion, without liability or penalty, make partial shipments of Products to Customer. Each shipment will constitute a separate sale, and Customer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Customer's purchase order.
DELIVERY, TITLE AND RISK. 11.1. The Seller delivers the Product when the Seller makes the Product available to the Buyer FOB at the Port of Loading, in accordance with Incoterms 2020. If there is any inconsistency between Incoterms 2020 and the terms of this Agreement, this Agreement will prevail.
DELIVERY, TITLE AND RISK. 2.1 Novartis Gene Therapies sells and delivers Novartis Gene Therapies Products on the basis of DAP (Delivered At Place) Incoterms 2020 (“Incoterms”) as amended by these Conditions. In the event of any conflict between the Incoterms and these Conditions, the terms of these Conditions shall prevail All times, dates or periods given for the delivery of Novartis Gene Therapies Products are estimates only and times shall not be of the essence. Novartis Gene Therapies will coordinate just-in- time shipment of the Novartis Gene Therapies Product for a specific patient to the Buyer after (a) completion by the Buyer of Novartis Gene Therapies’ pre-authorization process and (b) receipt of an order from the Buyer for the relevant Novartis Gene Therapies Product. Novartis Gene Therapies shall use reasonable efforts to supply by agreed delivery dates, but shall not otherwise incur any liability whatsoever for any suspension or delay nor any loss or damage resulting from suspension or delay howsoever caused. The Buyer bears all risk of loss or damage at the time of delivery at the named place of destination. Novartis Gene Therapies and its nominees are responsible for carriage, transport and insurance in accordance with the Incoterms and for providing outer packaging suitable for delivery to the named place of destination. Without prejudice to this, Novartis Gene Therapies reserves the right to charge the Buyer for delivery, of an amount determined by Novartis Gene Therapies at the point of processing of an order.
