Common use of Delivery; Title; Risk of Loss Clause in Contracts

Delivery; Title; Risk of Loss. 5.1 Delivery, Title & Risk of Loss. Risk of loss or damage to the Goods shall pass to the applicable Buyer upon electronic or other written tender of the Goods at Seller’s facility. Unless otherwise specified in the Order, invoice or other document related thereto, delivery and transfer of possession of the Goods shall occur (x) in the case of Goods destined for a Site within the United States, upon delivery (i) to the carrier in the case of Goods manufactured in Texas, or (ii) at the place of manufacture in the case of Goods manufactured in Oklahoma, and (y) in the case of Goods destined for a Site outside the United States, upon delivery to the designated port of entry outside the United States (DAP). The applicable Buyer shall keep the Goods fully insured with loss payable to Seller from the time of delivery until the purchase price (as determined in Section 4.1) has been fully paid to Seller. Title to the Goods sold shall pass (i) upon arrival of the Goods at the applicable Buyer’s designated site in the case of Goods destined for a site within the United States and (ii) at the time of delivery as set forth above in the case of Goods destined for a site outside the United States. In either case, Seller retains a security interest in the Goods until such time as it receives full and final payment, and such Buyer agrees to execute and file all documents deemed necessary by Seller to perfect said security interest. Any delivery dates quoted are approximate and shall depend on prompt receipt by Seller of all information necessary to proceed with the Goods immediately and without interruption. If Seller and the applicable Buyer agree in writing to require Seller’s delivery to such Buyer’s designated site, Seller’s obligation is conditional upon free access to the site and the site being designated in the Order. Seller reserves the right to make delivery in installments, provided that a delay with respect to any installment shall not affect any other installments. Any delivery of Goods that is delayed by causes within the applicable Buyer’s control or due to such Buyer’s inability to accept delivery may be placed in storage by Seller at such Buyer’s risk, and such Buyer shall be responsible for all costs of unloading, shipping, storage, insurance and other expenses incurred thereby.

Delivery; Title; Risk of Loss. 5.1 Delivery, Title & Risk of Loss. Risk of loss or damage to the Goods shall pass to the applicable Buyer upon electronic or other written tender of the Goods at delivery Ex Works Seller’s facility. Unless otherwise specified agreed to in writing by Seller, delivery shall occur: (i) upon oral, electronic or other written tender of delivery Ex Works Seller’s facility in the Ordercase of Goods destined for a site within the United States, invoice or other document related thereto, delivery and transfer of possession of unless the Goods are fabricated in Texas, in which case delivery shall occur FCA Seller’s facility, and (xii) DAP (designated port of entry outside the United States) in the case of Goods destined for a Site within site outside of the United States, upon delivery (i) to the carrier in the case of Goods manufactured in Texas, or (ii) at the place of manufacture in the case of Goods manufactured in Oklahoma, and (y) in the case of Goods destined for a Site outside the United States, upon delivery to the designated port of entry outside the United States (DAP). The applicable Buyer shall keep the Goods fully insured with loss payable to Seller from the time of delivery until the purchase price (as determined in Section 4.1) has been fully paid to Seller. Title to the Goods sold shall pass (i) upon arrival of the Goods at the applicable Buyer’s designated site in the case of Goods destined for a site within the United States and (ii) at the time of delivery as set forth above in the case of Goods destined for a site outside the United States. In either case, Seller retains a security interest in the Goods until such time as it receives full and final payment, and such Buyer agrees to execute and file all documents deemed necessary by Seller to perfect said security interest. Any delivery dates quoted are approximate and shall depend on prompt receipt by Seller of all information necessary to proceed with the Goods immediately and without interruption. If Seller and the applicable Buyer agree in writing to require Seller’s delivery to such Buyer’s designated site, Seller’s obligation is conditional upon free access to the site and the site being designated in the Order. Seller reserves the right to make delivery in installments, provided that a delay with respect to any installment shall not affect any other installments. Any delivery of Goods that is delayed by causes within the applicable Buyer’s control or due to such Buyer’s inability to accept delivery may be placed in storage by Seller at such Buyer’s risk, and such Buyer shall be responsible for all costs of loading, unloading, shipping, storage, insurance and other expenses incurred thereby.