Common use of Delivery, Title and Risk Clause in Contracts

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. 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 Xxxxx 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 Xxxxx 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.