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

DELIVERY, TITLE AND RISK OF LOSS. Delivery of Goods shall be as is set forth in the PO, and any delay in delivery is at the exclusive liability of Seller. In addition to its other rights and remedies contained herein, if delivery of Goods is not completed by the time promised, Buyer reserves the right without liability, to terminate the Agreement by notice effective when received by Seller as to items not yet shipped and to purchase substitute items elsewhere and charge Seller with any loss incurred. Title to the Goods and risk of loss remain with Seller until delivery of the Goods to, and acceptance of Goods by, Buyer. Further, title shall pass to Buyer free and clear of claims, liens and encumbrances (save Seller’s right to receive payment therefor) upon delivery to and acceptance by Buyer.

DELIVERY, TITLE AND RISK OF LOSS. Delivery of Goods shall be as is set forth in the PO, and any delay in delivery is at the exclusive liability of Seller. In addition to its other rights and remedies contained herein, if delivery of Goods is not completed by the time promised, Buyer Xxxxx reserves the right without liability, to terminate the Agreement by notice effective when received by Seller as to items not yet shipped and to purchase substitute items elsewhere and charge Seller with any loss incurred. Title to the Goods and risk of loss remain with Seller until delivery of the Goods to, and acceptance of Goods by, BuyerXxxxx. Further, title shall pass to Buyer free and clear of claims, liens and encumbrances (save Seller’s right to receive payment therefor) upon delivery to and acceptance by Buyer.