Common use of Liability of the Seller Clause in Contracts

Liability of the Seller. 1. If delay occurs in case of the Seller, in delivery of the Goods constituting only a portion of the Goods that shall be delivered by the Seller on the basis of the Agreement, the Buyer may withdraw from the Agreement solely with regards to the portion of the Goods, with regard to which the Seller remains delayed. 2. If the Buyer withdraws from the Agreement on the grounds of the delay, the waiver shall not apply to the part of the agreement that has already been performed. 3. Unless the Parties agreed otherwise in writing, the risk of accidental loss or damage occurring to the Goods shall be transferred to the Buyer, once the Goods are received by the person authorized to collect the Goods by the Buyer, including the forwarder or the carrier (if shipping is being handled by the Buyer). All loading costs at EFT`s premises shall be covered by EFT. The Buyer shall be liable for proper loading of the Goods at the Seller’s warehouse, in case of a delivery carried out with the means of transport belonging to the Buyer or Parties indicated by the Buyer.

Liability of the Seller. 1. If delay occurs in case of the Seller, in delivery of the Goods constituting only a portion of the Goods that shall be delivered by the Seller on the basis of the Agreement, the Buyer may withdraw from the Agreement solely with regards to the portion of the Goods, with regard to which the Seller remains delayed. 2. If the Buyer withdraws from the Agreement on the grounds of the delay, the waiver shall not apply to the part of the agreement that has already been performed. 3. Unless the Parties agreed otherwise in writing, the risk of accidental loss or damage occurring to the Goods shall be transferred to the Buyer, once the Goods are received by the person authorized to collect the Goods by the Buyer, including the forwarder or the carrier (if shipping is being handled by the Buyer). All loading costs at EFT`s premises shall be covered by EFT. The Buyer shall be liable for proper loading of the Goods at the Seller’s warehouse, in case of a delivery carried out with the means of transport belonging to the Buyer or Parties indicated by the Buyer.