Common use of DELIVERY, TITLE AND RISK OF LOSS Clause in Contracts

DELIVERY, TITLE AND RISK OF LOSS. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from NI, its warehouses, or its affiliated companies; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment to NI in full. 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

DELIVERY, TITLE AND RISK OF LOSS. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from NI, its warehouses, or its affiliated companies; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment to NI in full. 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-fivefive (45) days of the invoice date. 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 OF LOSS. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon the occurrence of either the of the following: a) the shipment of Products from NI, its warehouses, ’s affiliated companies and the completion by NI of the customs import clearance at the customs having jurisdiction over the imports of the Products; or its affiliated companiesb) the shipment of Products from a local warehouse used by NI; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment to NI in full. 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-fiveforty- five (45) days of invoice date. 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 OF LOSS. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from NI, its warehouses, or its affiliated companies; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment to NI in full. 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 responsiblefor 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. 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 in accordance with Article 2 whether such shipment is in whole or partial fulfillment of Customer’s order. Claims for shipment shortage shall be deemed waived unless presented to NI in writing within forty-fivefive (45) days of the invoice date.

DELIVERY, TITLE AND RISK OF LOSS. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from NI, its warehouses, or its affiliated companies; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment to NI in full. 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-fivefive (45) days of invoice date. 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 OF LOSS. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from NI, its warehouses, or its affiliated companies; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment to NI in full. For orders to be delivered within deliveredwithin 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 responsiblefor 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 latedelivery of Products. 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 in accordance with Article 2 whether such shipment is in whole or partial fulfillment of Customer’s order. Claims for shipment shortage shall be deemed waived unless presented to NI in writing within forty-fivefive (45) days of the invoice date.

DELIVERY, TITLE AND RISK OF LOSS. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from NI, its warehouses, or its affiliated companies; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment to NI in full. 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-fivefive (45) days of invoice date. 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. Controlled Version_NI Terms and Conditions_template Malaysia_July 2024 version 1