DELIVERY; TITLE; AND SHIPPING. UTCP shall arrange and prepay shipping and transportation by carrier from the place of manufacture or supply, as applicable, to the Destination. All Equipment shall be manufactured and supplied within the United States and shipment thereof to BUYER shall be FOB the place of manufacture or supply. UTCP will give BUYER written notice of the delivery date not less than three (3) weeks prior to the delivery date of the Equipment. BUYER is responsible for unloading the pieces of equipment at the Destination. BUYER is responsible for noting any irregularities or damage at the time of unloading and for designating such irregularities on the shippers’ bixx xf lading; provided that BUYER’s failure to do so shall not waive or limit any of BUYER’S rights hereunder. Prior to shipment of each unit of Equipment, UTCP shall arrange for the replacement cost of each such unit of Equipment to be covered under carrier’s cargo insurance policy and shall provide BUYER with a Certificate of Insurance evidencing such coverage and naming BUYER as an additional insured and a loss payee thereunder. Title to and risk of loss related to Equipment shall transfer from UTCP to BUYER upon delivery at the place of manufacture or supply. The Equipment shall be, or as of the date hereof has been, delivered to the Destination not later than July 18, 2008, unless BUYER agrees otherwise.
DELIVERY; TITLE; AND SHIPPING. (a) Delivery of Product shall be FCA (Incoterms) Anagni, Italy, which port of departure (maritime or air) shall be specified by Cadence. LL shall arrange for shipping and insurance in the manner customarily arranged for its own products from the point of manufacture to the port of departure and shall arrange for Italian export clearances, but Cadence shall bear the *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. cost of such shipping and insurance, any special packing expenses and export or customs agents, all of which shall be included in LL’s invoice and paid by Cadence in accordance with Section 3.5. Cadence shall arrange for loading, shipment, insurance from the port of departure to the ultimate destination and import customs clearances at the destination country, and Cadence shall be responsible for all loading charges, freight, insurance, import customs clearances and other shipping expenses from such port of departure to the ultimate destination. Title to the Product and risk of loss, delay or damage in transit for Product purchased by Cadence shall pass to Cadence when a shipment of the Product is placed at the disposal of Cadence’s carrier at the port of departure. Cadence shall cause its carrier to inspect all Product for physical damage prior to shipment, and Cadence shall promptly notify LL of any such physical damage. Cadence shall bear the cost of all such pre-shipment inspection. LL and its Affiliates shall not have any responsibility for any loss or damage to any Product that occurs after LL or its export or customs agent places the Product at the disposal of Cadence’s carrier, nor shall any loss or damage to any Product that occurs following such placement at the disposal of Cadence’s carrier obviate Cadence’s obligation to purchase and pay for such Product. Without limiting LL’s right to recover the full invoiced amount for the Product and as partial security therefor, Cadence shall cause each shipment of Product to be insured for the full invoiced amount of each shipment. Cadence shall provide to LL proof, satisfactory to LL, of such insurance. The ultimate destination country of each shipment hereunder shall be in the Territory.
DELIVERY; TITLE; AND SHIPPING. UTCP shall arrange and prepay shipping and transportation by carrier from the place of manufacture or supply, as applicable, to the Destination. For Equipment manufactured or supplied within the United States, shipment shall be FOB the place of destination. For Equipment manufactured or supplied outside the United States, UTCP will ship DDP (Incoterm 2000) U.S. port of import and thereafter shipment shall be FOB the place of shipment. UTCP does not guarantee a particular date for shipment or delivery. UTCP will give BUYER written notice of the delivery date not less than three (3) weeks prior to the delivery date of the Equipment. BUYER is responsible for unloading the pieces of equipment at the Destination. BUYER is responsible for noting any irregularities or damage at the time of unloading and for designating such irregularities on the shippers’ xxxx of lading.
DELIVERY; TITLE; AND SHIPPING. UTCP shall arrange and prepay shipping and transportation by carrier from the place of manufacture or supply, as applicable, to the Destination. Shipment shall be FOB the place of manufacture or supply. UTCP does not guarantee a particular date for shipment or delivery. UTCP will give BUYER written notice of the delivery date not less than three (3) weeks prior to the delivery date of the Equipment. BUYER is responsible for unloading the pieces of equipment at the Destination. BUYER is responsible for noting any irregularities or damage at the time of unloading and for designating such irregularities on the shippers' xxxx of lading. Prior to shipment of each unit of Equipment, UTCP shall arrange for the replacement cost of each such unit of Equipment to be covered under carrier's cargo insurance policy and shall provide BUYER with a Certificate of Insurance evidencing such coverage and naming BUYER as an additional insured and a loss payee thereunder.
DELIVERY; TITLE; AND SHIPPING. (a) Delivery of Product shall be [***] (Incoterms) the Facility (Anagni, Italy). LL or its Affiliates shall arrange for shipping of the Product, with a carrier designated by Cadence, in the manner customarily arranged for its own products from the point of manufacture to the destination specified by Cadence. LL or its Affiliates shall arrange for Italian export clearances and loading at the port of departure. Expenses for special packaging, export or customs agents, shall be included in LL’s invoice and paid by Cadence in accordance with Section 3.5. Cadence shall arrange for insurance from the Facility to the ultimate destination and import customs clearances at the destination country. Cadence shall be responsible for all loading charges, freight, insurance, import customs clearances, export, special packaging, and other shipping expenses from the Facility to the ultimate destination.
