LOSS OR DAMAGE IN TRANSIT. When the price quoted includes delivery the Company shall repair or replace at the quoted rates goods damaged in transit or not delivered in accordance with the Advice Note, provided that the Company is given written notification of such damage or non-delivery within such time (being not more than two days) as will enable the Company to comply with the carrier’s conditions of carriage as affecting loss or damage in transit, or, where delivery is made by the Company’s own transport, within 2 days after receipt of the Advice Note. Upon receipt of the faulty/damaged goods at the Company’s warehouse and after inspection/testing, if the product defect found is as a result of the Company’s workmanship or faulty materials, then the replacement charge will be refunded in full. Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within two working days of the receipt of the goods by the Purchaser, together with sufficient information to enable the Company to properly identify the shortage including the Advice Note number, case number and condition of case. The Company reserves the right to charge £30 where a claim for alleged shortage is received but on investigation the goods are shown to have been correctly delivered. This charge will be deducted from any rebate due to the Purchaser. Where goods are collected by the Purchaser or the Purchaser’s staff or agent no claim for shortage or damage will be considered. In the event of an agreed shortage on an order the goods will need to be credited and reordered. The quantity of goods delivered will be assumed to be correct on any Advice Note signed by the Purchaser and marked “Not Checked”. Such goods will be invoiced in full by the Company.
LOSS OR DAMAGE IN TRANSIT. 10.1 In cases where Seller carries or procures the carriage of the Goods, Seller shall not in any event be liable for loss of or damage to the Goods in transit unless the following conditions are complied with:
10.1.1 in the case of any loss from a consignment of Goods or of damage to the Goods Seller must be notified in writing within 3 clear business days of delivery to Buyer;
10.1.2 in the case of non-delivery of the whole consignment of the Goods, Seller must be notified in writing within 21 clear days after the date of invoice.
LOSS OR DAMAGE IN TRANSIT. Buyer may not make any deduction from any payment due hereunder by reason of loss or damage to the Goods in transit. Upon Buyer’s written request, Seller, in its sole discretion, may agree as a service to Buyer to process Buyer’s claim against the carrier for any loss or damage in transit, provided that Seller receives such claim within five (5) days of delivery of the Goods. Any such claims must be accompanied by a delivery receipt, signed by carrier’s agent at time of delivery, or such claims will be waived.
LOSS OR DAMAGE IN TRANSIT. If the Company arranges for delivery of the goods and such goods are lost or damaged in transit before risk passes to the Customer the Company will at its option replace, repair or give credit for them only if the Customer notifies the Company in writing within seven days after delivery of the goods in the case of damage or short delivery or within seven days of receipt of the Company’s invoice in the case of non-delivery of the whole of the consignment of the goods.
LOSS OR DAMAGE IN TRANSIT. Delivery by a vendor to a common carrier does not constitute delivery to the City of Fairhope. Any claim for loss or damage incurred during delivery shall be between the vendor and the carrier. The City of Fairhope accepts title only after satisfactory receipt at the delivery point. The City of Fairhope shall note all visible damages on the freight bill and may refuse the damaged goods. The vendor shall make immediate replacement of the damaged merchandise or be subject to damages for breach of contract. If damage is to a small portion of a total shipment and the City of Fairhope will not be inconvenienced because of the shortage, the vendor may be permitted by the Purchasing Manager to deduct the amount of damage or loss from its invoice, in lieu of replacement. Risk of loss during delivery is borne by the vendor until the goods have been accepted by the City of Fairhope, unless otherwise specified in the RFQ / ITB / RFP or other form of solicitation.
LOSS OR DAMAGE IN TRANSIT. 1. Where the Goods are being supplied ex-works WPDT shall have no liability for goods lost or damaged in transit and it shall be the Customer’s responsibility to insure the goods against such risks. Where the Goods are being supplied other than ex-works then in the event of loss or damage in transit from any cause whatsoever (including causes which might be held to involve fundamental breach of contract) the liability of WPDT shall be limited (at WPDT’s option) to replacing, repairing the Goods or electrical equipment or refunding the purchase money.
2. WPS shall not be liable for any such damage as is referred to in paragraph 6 (1) above unless WPS and the carriers are notified of such damage or loss within 7 days of delivery It is the responsibility of the Customer to examine the Goods immediately upon receipt.
LOSS OR DAMAGE IN TRANSIT. Longport shall repair or replace free of charge any Scanner lost or damaged in transit or not delivered in accordance with this Agreement provided that USMS shall give Longport written notice of any loss, damage or non-delivery (together with full details of the loss, damage or non-delivery) at least 2 Business Days prior to the latest date on which notification of any such loss, damage or non-delivery must be made to any carrier in accordance with that carrier's conditions of carriage and, in any event, no later than 10 Business Days after the time at which the Scanner is delivered as set out in Condition 6.1 (Place of Delivery) or is due to have been so delivered under this Agreement.
LOSS OR DAMAGE IN TRANSIT. (i) Goods will normally be despatched by the Seller’s own transport. In such cases the Seller will replace, free of charge, goods damaged or lost in transit provided that written notification is given to the Seller within three days of delivery.
(ii) The risk of loss or damage to or deterioration of goods despatched by carrier shall be borne by the Buyer, but will be insured under the carrier’s insurance where available.
(iii) Total non-delivery or non-arrival of the whole of any consignment must be advised to the Seller (and, if relevant, the carrier) within four days of despatch date.
LOSS OR DAMAGE IN TRANSIT. 15.1 We will repair or, at our option, replace for no additional charge any Software supplied by us which is lost or damaged in transit, provided that we are given written notification of such loss or damage within such time as will enable us to comply with the carrier’s conditions of carriage as affecting loss or damage in transit or, where delivery is made by our own transport, within a reasonable time (and in the absence of agreement14 days) after despatch of the advice note.
15.2 We do not accept responsibility for, or risk in, any of the Equipment or any other goods delivered to or by us except to the extent that any loss arising is covered by and reimbursed under our insurance on our carrier’s insurance any claim should be met under that policy in priority to claims under our or our carrier’s policies.
LOSS OR DAMAGE IN TRANSIT. 6.1 The Company shall not be liable for loss or damage to Goods in transit unless:-
(a) The Company has agreed to effect delivery to a place other than the Company’s premises; and
(b) The loss or damage occurs prior to arrival at delivery point, and either
(c) Damage or shortage is notified within seven days of arrival at delivery point; or
(d) In the case of total loss, non-arrival is notified to the Company within seven (7) days after dispatch of advice note
6.2 The Company’s liability for Goods lost or damaged in transit shall in all circumstances be limited to (at the Company’s absolute discretion) the repair or replacement or crediting the Buyer with the invoice value of the Goods in question.
