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. 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. 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. Delivery of the Goods to SSAB shall take place at SSAB’s plant site or such other shipping destination specified on the face of this Order. Notwithstanding any shipping arrangement specified in this Order, Supplier shall have the risk of loss for all Goods shipped under this Order until receipt of delivery and acceptance of such Goods by SSAB at the specified location, at which time title to and the risk of loss with respect to such Goods shall pass to SSAB. Partial shipments are not permitted unless otherwise agreed to in writing by SSAB. For the purpose of securing Supplier’s performance of its obligations under this Order, Supplier hereby grants to SSAB a security interest in and to the completed or partially completed Goods covered by SSAB’s progress payments.
Delivery, Title and Risk. 6.1 Unless otherwise agreed in writing between the Company and the Customer:
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.
Delivery, Title and Risk. Delivery of Cargo shall be to or from the Terminal designated by the Terminal Party onto or from the Vessel nominated by the Vessel Party in accordance with the terms of the Agreement. Unless otherwise specified in the Agreement, title to, and risk of loss of, all or any of the Cargo shall pass at the flange connection between the Vessel’s cargo manifold and the hose connection at the Terminal.
