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Common use of Mode of Delivery Clause in Contracts

Mode of Delivery. Unless explicitly agreed otherwise in the Agreement, the risk of the Goods to be delivered to the Other Party will pass to it ex Mito Solar’s warehouse (Green PAC iLab, Ceintuurbaan 15, 8022 AW) Zwolle, the Netherlands), or the warehouse of any third party engaged by Mito Solar (i.e. Ex Works, as included in the most recent version of ICC Incoterms). All Goods will at all times be transported at the risk of the Other Party. Unless the Other Party requests of Mito Solar in good time that the Goods be insured during transport at the expense of the Other Party (and/or stipulated otherwise in the Agreement), the Goods will be transported uninsured by or on behalf of Mito Solar. Unless the Parties have expressly agreed otherwise in Writing, export and import duties, clearance charges, taxes and any other government levies relating to the transport and delivery of the Goods by Mito Solar, of whatever nature, will be charged to the Other Party. The Other Party must notify Mito Solar in Writing within 5 working days if any Goods are missing on delivery. If a notification is given after the expiry of this term, the missing Goods will not be credited to the Other Party, nor will the Goods be delivered free of charge to the Other Party at a later date. Mito Solar has fulfilled its obligation to deliver by making the Goods available to the Other Party on the agreed date at its warehouse or at the warehouse of a third party engaged by Mito Solar. The delivery document signed by or on behalf of the Other Party and/or the relevant appendices of the carrier will constitute conclusive proof of delivery by Mito Solar of the Goods stated in the delivery document and/or the relevant appendices. An offer for delivery by Mito Solar of the Goods ordered to the Other Party will be considered equivalent to the delivery of these Goods. If the Other Party refuses to accept the Goods offered for delivery, Mito Solar will store the Goods concerned at a location to be decided by Mito Solar for fifteen (15) working days after the date of offering. After the expiry of this period Mito Solar will no longer be obliged to keep the Goods available for the Other Party and will be entitled to sell the Goods to a third party or to dispose of them in any other way. The Other Party will, however, remain obliged to comply with the Agreement by taking possession of the Goods concerned should Mito Solar so request at the agreed price and is also obliged to compensate Mito Solar for the loss arising from the Other Party's initial refusal to accept the Goods concerned, including storage and transport costs.

Appears in 1 contract

Samples: General Terms and Conditions of Sale

Mode of Delivery. Unless explicitly agreed otherwise in the Agreement, the risk of the Goods to be delivered to the Other Party will pass to it the Other Party ex Mito Solar’s Tracamyl's warehouse (Green PAC iLabMeerpaalweg 0, Ceintuurbaan 15Xxxxxx, 8022 AW) Zwolle, the Netherlandsxxx Xxxxxxxxxxx), or the warehouse of any third party engaged by Mito Solar Tracamyl (i.e. Ex Works, as included in the most recent version of ICC Incoterms). All Goods will at all times be transported at the risk of the Other Party. Unless the Other Party requests of Mito Solar Tracamyl in good time that the Goods be insured during transport at the expense of the Other Party (and/or stipulated otherwise in the Agreement), the Goods will be transported uninsured by or on behalf of Mito SolarTracamyl. Unless the Parties have expressly agreed otherwise in Writing, export and import duties, clearance charges, taxes and any other government levies relating to the transport and delivery of the Goods by Mito SolarTracamyl, of whatever nature, will be charged to the Other Party. The Other Party must notify Mito Solar Tracamyl in Writing within 5 working days if any Goods are missing on delivery. If a notification notifi- cation is given after the expiry of this term, the missing Goods will not be credited to the Other Party, nor will the Goods be delivered free of charge to the Other Party at a later date. Mito Solar Tracamyl has fulfilled its obligation to deliver by making the Goods available to the Other Party on the agreed date at its warehouse or at the warehouse of a third party engaged by Mito SolarTracamyl. The delivery document signed by or on behalf of the Other Party and/or the relevant appendices of the carrier will constitute conclusive proof of delivery by Mito Solar Tracamyl of the Goods stated in the delivery document and/or the relevant appendices. JD900302 An offer for delivery by Mito Solar Tracamyl of the Goods ordered to the Other Party will be considered equivalent to the delivery of these Goods. If the Other Party refuses to accept the Goods offered for delivery, Mito Solar Tracamyl will store the Goods concerned con- cerned at a location to be decided by Mito Solar Tracamyl for fifteen (15) working days after the date of offering. After the expiry of this period Mito Solar Tracamyl will no longer be obliged to keep the Goods available for the Other Party and will be entitled to sell the Goods to a third party or to dispose of them in any other way. The Other Party will, however, remain obliged to comply with the Agreement by taking possession of the Goods concerned should Mito Solar Tracamyl so request at the agreed price and is also obliged to compensate Mito Solar Tracamyl for the loss arising from the Other Party's initial refusal to accept the Goods concerned, including storage and transport costs.

Appears in 1 contract

Samples: General Terms and Conditions of Sale

Mode of Delivery. Unless explicitly agreed otherwise in the Agreement, the risk of the Goods to be delivered to the Other Party will pass to it ex Mito Solar’s warehouse (Green PAC iLab, Ceintuurbaan 15Xxxxxxxxxxxx 00, 8022 AW0000 XX) ZwolleXxxxxx, the Netherlandsxxx Xxxxxxxxxxx), or the warehouse of any third party engaged by Mito Solar (i.e. Ex Works, as included in the most recent version of ICC Incoterms). All Goods will at all times be transported at the risk of the Other Party. Unless the Other Party requests of Mito Solar in good time that the Goods be insured during transport at the expense of the Other Party (and/or stipulated otherwise in the Agreement), the Goods will be transported uninsured by or on behalf of Mito Solar. Unless the Parties have expressly agreed otherwise in Writing, export and import duties, clearance charges, taxes and any other government levies relating to the transport and delivery of the Goods by Mito Solar, of whatever nature, will be charged to the Other Party. The Other Party must notify Mito Solar in Writing within 5 working days if any Goods are missing on delivery. If a notification is given after the expiry of this term, the missing Goods will not be credited to the Other Party, nor will the Goods be delivered free of charge to the Other Party at a later date. Mito Solar has fulfilled its obligation to deliver by making the Goods available to the Other Party on the agreed date at its warehouse or at the warehouse of a third party engaged by Mito Solar. The delivery document signed by or on behalf of the Other Party and/or the relevant appendices of the carrier will constitute conclusive proof of delivery by Mito Solar of the Goods stated in the delivery document and/or the relevant appendices. An offer for delivery by Mito Solar of the Goods ordered to the Other Party will be considered equivalent equiv- alent to the delivery of these Goods. If the Other Party refuses to accept the Goods offered for deliverydeliv- ery, Mito Solar will store the Goods concerned at a location to be decided by Mito Solar for fifteen (15) working days after the date of offering. After the expiry of this period Mito Solar will no longer be obliged to keep the Goods available for the Other Party and will be entitled to sell the Goods to a third party or to dispose of them in any other way. The Other Party will, however, remain obliged to comply with the Agreement by taking possession of the Goods concerned should Mito Solar so request at the agreed price and is also obliged to compensate Mito Solar for the loss arising from the Other Party's initial refusal to accept the Goods concerned, including storage and transport costs.fifteen

Appears in 1 contract

Samples: General Terms and Conditions of Sale

Mode of Delivery. Unless explicitly agreed otherwise in the Agreement, the risk of the Goods to be delivered to the Other Party will pass to it it, ex Mito Solarworks TPEE’s warehouse (Green PAC iLabXxxxxxxxxxxxxx 00, Ceintuurbaan 150000XX) Xxxxxxxxxx, 8022 AW) Zwolle, the Netherlandsxxx Xxxxxxxxxxx), or the warehouse of any third party engaged by Mito Solar TPEE (i.e. Ex Works, as included in the most recent version of ICC Incoterms). All Goods will at all times be transported at the risk of the Other Party. Unless the Other Party requests of Mito Solar TPEE in good time that the Goods be insured during transport at the expense of the Other Party (and/or stipulated otherwise in the Agreement), the Goods will be transported uninsured by or on behalf of Mito SolarTPEE. Unless the Parties have expressly agreed otherwise in Writing, export and import duties, clearance charges, taxes and any other government levies relating to the transport and delivery of the Goods by Mito SolarTPEE, of whatever nature, will be charged to the Other Party. The Other Party must notify Mito Solar TPEE in Writing within 5 working days if any Goods are missing on delivery. If a notification is given after the expiry of this term, the missing Goods will not be credited to the Other Party, nor will the Goods be delivered free of charge to the Other Party at a later date. Mito Solar TPEE has fulfilled its obligation to deliver by making the Goods available to the Other Party on the agreed date at its warehouse or at the warehouse of a third party engaged by Mito SolarTPEE. The delivery document signed by or on behalf of the Other Party and/or the relevant appendices of the carrier will constitute conclusive proof of delivery by Mito Solar TPEE of the Goods stated in the delivery document and/or the relevant appendices. An offer for delivery by Mito Solar TPEE of the Goods ordered to the Other Party will be considered equivalent to the delivery of these Goods. If the Other Party refuses to accept the Goods offered for delivery, Mito Solar TPEE will store the Goods concerned at a location to be decided by Mito Solar TPEE for fifteen (15) working days after the date of offering. After the expiry of this period Mito Solar will no longer be obliged to keep the Goods available for the Other Party and will be entitled to sell the Goods to a third party or to dispose of them in any other way. The Other Party will, however, remain obliged to comply with the Agreement by taking possession of the Goods concerned should Mito Solar so request at the agreed price and is also obliged to compensate Mito Solar for the loss arising from the Other Party's initial refusal to accept the Goods concerned, including storage and transport costs.twenty

Appears in 1 contract

Samples: General Terms and Conditions of Sale