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.
4.2 The Supplier shall ensure at its own cost that:
4.2.1 the Goods are properly packed and secured in such a manner as to enable them to reach their destination in good condition;
4.2.2 each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any) the type and quantity of the Goods (including the HS code number of the Goods, where applicable); and
4.2.3 on delivery of the Goods ELECTRA is supplied:
a) with all operating and safety instructions and manuals and licences, that warning notices are clearly displayed, and other information as may be necessary for their proper use and operation, maintenance, and repair for ELECTRA to accept delivery of the Goods; and
b) a list by name and description of any hazardous or harmful or potentially hazardous or harmful properties or ingredients in the Goods supplied whether in use or otherwise and thereafter information concerning any changes in such properties or ingredients. ELECTRA will rely on the supply of such information from the Supplier to satisfy its own obligations to the Customer.
4.3 The Supplier shall deliver the Goods:
4.3.1 on the Delivery Date;
4.3.2 at the Location; and
4.3.3 during the Location’s business hours, or as instructed.
4.4 Delivery of the Goods shall be completed on the completion of unloading the Goods at the Location. Time is of the essence in relation to the Delivery Date.
4.5 ELECTRA may inspect and test the Goods at any time before delivery. The Supplier shall remain fully responsible for the Goods despite any such inspection or testing and such inspection or testing shall not reduce or otherwise affect the Supplier’s obligations.
4.6 If following such inspection or testing ELECTRA considers that the Goods do not conform or are likely to comply with the Supplier’s undertakings at clause 3, ELECTRA shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.
4.7 Title and risk in the Goods shall pass to ELECTRA on completion of delivery.
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.
2. Supplier will make every endeavor to deliver products and/or services within the agreed delivery time, but Supplier shall not be liable for failure to do so for any reason. Supplier is entitled to make partial deliveries.
3. Supplier’s weights and measurements shall govern unless proven to be incorrect.
4. Buyer shall inspect the products and/or services immediately on quality and quantity upon delivery thereof by Supplier.
5. Title of ownership of all products supplied by Supplier shall not pass to Buyer until final settlement in full of the sales price and all other sums due to Supplier.
6. Risk of loss of, and damage to, the products shall pass to Buyer upon delivery.
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.
6.2 The Purchaser shall deliver the Goods on the truck to the Service Provider’s plant. The Service Provider receives the Goods on the truck (and vice versa). Risk of loss or damage with respect to the Goods passes from the Purchaser to the Service Provider upon the moment the Service Provider’s forklift driver touches the delivered Goods or the underseal which the Goods are placed on.
6.3 The Parties have further agreed that once the Service Provider has performed the Services, the Service Provider shall deliver the finalised Goods (i.
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.
3.2 Delivery of the Goods shall be completed on the completion of unloading the Goods at the delivery location set out in the Order (“Delivery Location”).
3.3 The provision of the Services shall be provided on the dates specified in the Order.
3.4 Title and risk in the Goods shall pass to Customer on completion of delivery at the Delivery Location.
Delivery, Title and Risk. 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. 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. 6.1 If this Agreement states that:
(a) we are responsible for delivering the Goods to you, we will use reasonable endeavours to deliver the Goods to the premises by the delivery time, as notified by us to you; or
(b) you are responsible for collecting the Goods from us, we will use reasonable endeavours to make available the Goods, and you agree to collect the Goods, at the collection location by the collection time, as notified by us to you. You agree to comply with any policies and procedures which apply at the relevant collection location.
6.2 Title in the Goods will remain with us until all amounts due and payable to us under this Agreement are paid in full. Risk in the Goods will pass to you on delivery of the Goods to you or collection of the Goods by you (as applicable).
6.3 You agree that we hold a general xxxx over any Goods owned by us that are in your possession, for the satisfactory performance of your obligations under this Agreement. You agree that this Agreement and your obligations under this Agreement create a registrable security interest in favour of us, and you consent to the security interest (and any other registrable interest created in connection with this Agreement) being registered on any relevant securities register (and you must do all things to enable us to do so).
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.
2.2 Title and ownership in the Novartis Gene Therapies Products shall pass to the Buyer upon signature and receipt of delivery.
2.3 Until such time as title and ownership in Novartis Gene Therapies Products passes to the Buyer, the Buyer agrees to:
2.3.1 hold the Novartis Gene Therapies Products as Novartis Gene Therapies’ fiduciary agent and bailee and to keep such Novartis Gene Therapies Products separate from those of the Buyer and third parties and properly stored, protected, insured and identified as Novartis Gene Therapies’ property and not mix them with any other goods;
2.3.2 not pledge or allow any encumbrance, lien, charge or other interest to arise or be created over the Novartis Gene Therapies Products; and
2.3.3 not dispose of or deal with the Novartis Gene Therapies Products or any documents of title relating to them or any interest in them, except that, when the Buyer is a wholesaler or distributor, the Buyer may without prejudice to clause 2.2,...
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.
6.2 The Purchaser shall deliver the Goods on the truck to the Service Provider’s plant. The Service Provider receives the Goods on the truck (and vice versa). Risk of loss or damage with respect to the Goods passes from the Purchaser to the Service Provider upon the moment the Service Provider’s forklift driver touches the delivered Goods or the underseal which the Goods are placed on.
6.3 The Parties have further agreed that once the Service Provider has performed the Services, the Service Provider shall deliver the finalised Goods (i.e. the electrodeposition dipped or bathed (the “ED dipped”) UB) to the Purchaser in accordance with the delivery terms FCA (Incoterms 2010).
6.4 Once the Service Provider has performed the Services, the Service Provider shall load the finalised Goods (i.e. the ED dipped UB) onto the truck. Risk of loss or damage with respect to the Goods passes from the Service Provider to the Purchaser upon tire moment the Goods are accepted as received by the driver, who will transport the Goods back to the Purchaser’s site.
Delivery, Title and Risk. 6.1 Unless otherwise agreed in writing between the Company and the Customer:
(a) each Indent Order will be an FIS Contract;
(b) where the delivery address for the Goods is specified in the Confirmed Indent Order, delivery will be made to that address;
(c) the Customer’s delivery address must be in New Zealand; and
(d) All freight costs (including local delivery costs) are for the account of the Customer.
6.2 The Company shall use reasonable endeavours to meet any estimated delivery times.
