Delivery; Transfer of Title to Products. For Products other than Resupply Products, Product will be delivered FOB at the plant of manufacture. For Resupply Products, Product will be delivered FOB at the receiving Supplier plant. Except as set forth in the next sentence, title and risk of loss shall pass to Buyer immediately upon tender of possession to Buyer, to any of Buyer’s employees, agents or representatives, or to any carriers (including Supplier) arranged or approved by Buyer. If Supplier has produced Product in accordance with the applicable order and Buyer does not take custody of the Product in a timely manner, such delay resulting in spoilage or an insufficient amount of code date of the Product, then Buyer shall be responsible for the loss associated with such Product. If any spoilage or event resulting in an insufficient amount of code date of the Product is caused by the actions of Supplier, then Supplier shall be responsible for the loss associated with such Product.
Appears in 4 contracts
Samples: Co Packing Agreement (WHITEWAVE FOODS Co), Co Packing Agreement (WHITEWAVE FOODS Co), Co Packing Agreement (WHITEWAVE FOODS Co)
