DELIVERY/TITLE/RISK. 5.1. Esri UK shall deliver the Software and/or Third Party Data to the Customer Location, and may do so earlier than any estimated delivery date and in instalments.
5.2. Any Software, Third Party Data or Services delivery dates are estimates only and Esri UK shall not be liable for any loss, cost, expenses or damages suffered by the Customer or a third party howsoever arising whether directly or indirectly from the failure of Esri UK to comply with a particular date.
5.3. Where title in any Deliverables (including Software media) is expressly agreed in writing to pass to the Customer, it shall only do so upon full payment of all Charges and subject to the Customer complying in all materials respects with this Agreement.
5.4. Risk shall pass to the Customer on physical delivery of the Deliverables to the Customer Location.
DELIVERY/TITLE/RISK. 5.1 Esri Ireland shall deliver the Software to the Customer Location, and may do so earlier than any estimated delivery date and in instalments.
5.2 Any Software and Services delivery dates are estimates only and Esri Ireland shall not be liable for any loss, cost, expenses or damages suffered by the Customer or a third party howsoever arising whether directly or indirectly from the failure of Esri Ireland to comply with a particular date.
5.3 Where title in any Deliverables (including Software media) is expressly agreed in writing to pass to the Customer, it shall only do so upon full and final payment of all Charges and subject to the Customer complying in all materials respects with this
DELIVERY/TITLE/RISK. 5.1. Esri Ireland shall deliver the Software and/or Third Party Data to the Customer Location, and may do so earlier than any estimated delivery date and in instalments.
5.2. Any Software, Third Party Data, or Services delivery dates are estimates only and Esri Ireland shall not be liable for any loss, cost, expenses or damages suffered by the Customer or a third party howsoever arising whether directly or indirectly from the failure of Esri Ireland to comply with a particular date.
5.3. Where title in any Deliverables (including Software media) is expressly agreed in writing to pass to the Customer, it shall only do so upon full and final payment of all Charges and subject to the Customer complying in all materials respects with this Agreement.
5.4. Risk shall pass to the Customer on physical delivery of the Deliverables to the Customer Location.
DELIVERY/TITLE/RISK. 6.1 Any delivery periods given for Equipment are approximate and delivery by instalments may be made.
6.2 The place of delivery will be the Site as specified in the Agreement, unless otherwise agreed.
6.3 Refusal for delivery of the Equipment without the Company’s prior written consent will render the Client responsible for all the Company’s expenses and loss resulting from that refusal.
6.4 The Client accepts that it will inspect the Equipment for any defects or non-conformity within seven days of delivery. After this period the Client is deemed to have accepted the Equipment.
6.5 If the Company agrees to the return of any Equipment, it must be in its original condition with packaging, and proof of purchase. Return costs are payable by the Client.
6.6 Risk of loss or damage to the Equipment passes to the Client on delivery.
6.7 Title to the Equipment bought by the Client passes on full payment by the Client to the Company.
6.8 Until full payment is received for the Equipment or where the Equipment is loaned to the Client, the Client will insure and store the Equipment separately and not modify, pledge or sell the Equipment.
6.9 The Company reserves the right to enter the Site or other Client’s premises to repossess the Equipment.
6.10 Should the Client sell the Equipment before title passes to the Client or whilst the Equipment is on loan to the Client, the Client will become the Company’s agent and the proceeds of that sale shall be held by the Client on the Company’s behalf, separately from the Client’s general funds.
6.11 The Company reserves the right to sue for the price of the Equipment before title passes on a sale of the Equipment by the Client.
6.12 The Company may at its discretion repair or replace any Equipment that is faulty.
DELIVERY/TITLE/RISK. 5.1 Save and except for any agreement to the contrary between the Parties deliveries of commodities pursuant to this Contract shall be made in accordance to the provisions of the Confirmation/Release sent by SELLER to BUYER.
5.2 Title to and risk on the Commodities shall pass from SELLER to BUYER:
a) If the Commodities are sold in bulk, as they pass the vessel's or barge's permanent flange connection of the delivery hose at the St. Eustatius port.
b) If the Commodities are sold by drum, as they pass the vessel's rail at the St. Eustatius port.
6.1 Failure by either Party to take action against the other in case of the other Party's noncompliance with obligations or conditions set forth in this Contract, shall not be interpreted as a waiver to take action for a subsequent noncompliance of the same or other obligations or conditions.
6.2 In no case, shall claims between the Parties for indirect, incidental or consequential damages be allowed.
DELIVERY/TITLE/RISK. SHIPMENT
4.1 Product shall be delivered to Buyer for Buyer's trucks at Tzefa Plain.
4.2 Risk of loss and damage to the Product shall pass to Buyer as Product is progressively loaded upon trucks at the Delivery Location.
DELIVERY/TITLE/RISK. 6.1 Delivery by Supplier to BEYOND AIR of Materials will be made Ex Works the Facility (Incoterms 2010) and clauses 6.2 to 6.4 shall apply to such Materials. Supplier shall package the relevant Material ready for shipment in accordance with BEYOND AIR’s reasonable instructions.
DELIVERY/TITLE/RISK. The delivery period in the Confirmation is approximate. Delivery by instalments may be made. The place of delivery is stated in the Confirmation of Order. Title to Product passes on full payment and until then you must insure and store our goods separately and you may not modify, pledge or sell them. Autoscript may enter the storage premises to repossess the goods. Should you sell them before title passes, you will become Autoscript’s Agent and the proceeds of that sale shall be held on our behalf separately from your general funds. Autoscript may sue for the Price before title passes. If you refuse delivery without Autoscript’s agreement, you must pay Autoscript’s expenses or loss resulting from that refusal, including storage costs, until you accept delivery.
DELIVERY/TITLE/RISK. (a) The Seller will deliver accepted orders for the Products to a carrier for shipment, provided that the Seller is not required to deliver Products purchased hereunder in less than thirty (30) days from the Effective Date. Any dates quoted for delivery of the Products are approximate only and the Seller is not liable for any delay in delivery of the Products howsoever caused.
(b) All deliveries to the Customer are EXW (as such term is defined under Incoterms 2010) the Seller’s manufacturing facility and all risk of loss with respect to Products shall pass to the Customer in accordance therewith. The Customer will be responsible for all costs associated with insurance, freight, import/export charges, and similar costs and expenses related to the shipping and warehousing of Products. Notwithstanding delivery and the passing of risk in the Products, or any other provision set forth herein, title in the Products shall not pass to the Customer until the Seller receives in cash or cleared funds payment in full of the price of the Products in accordance with these Terms, and until all other sums due from the Customer to the Seller have been finally paid in full. The Customer hereby grants the Seller a purchase money security interest in Products to secure, if and to the extent deemed necessary by the Seller, the payment of the prices of such Products and all other amounts due to the Seller from the Customer.
DELIVERY/TITLE/RISK
