Common use of Passage of Title and Risk of Loss Clause in Contracts

Passage of Title and Risk of Loss. 12.1 Unless otherwise expressly stated herein or agreed to by both Parties in writing, title to all equipment or goods, or portions thereof, which are specified by the Agreement as deliverables to the COMPANY, if applicable, shall pass to the COMPANY upon its delivery to the carrier FOB or to the COMPANY, whichever occurs first. The COMPANY makes no warranty, guaranty, or representation with respect to ownership of, or title to, goods, products, or equipment, in whole or in part, and the COMPANY does not purport to grant any license to NINE MILE or its Affiliates, with respect to any third party trademark, patent, or other intellectual property right in connection with the goods, products, or equipment, whether or not such third party property is contained in or comprises such goods, products, or equipment, in whole or in part. 12.2 COMPANY shall bear no risk of loss or damage of any kind or nature whatsoever with respect to the cost of all packaging and shipment of equipment and material provided by NINE MILE to the Site, of all unloading, storage, protection and installation of said equipment and material at the Site, and of any insurance on the equipment and material prior to the Final Acceptance of the Project, regardless of whether title has passed to the COMPANY

Passage of Title and Risk of Loss. 12.1 Unless otherwise expressly stated herein or agreed to by both Parties in writing, title to all equipment or goods, or portions thereof, which are specified by the Agreement as deliverables to the COMPANY, if applicable, shall pass to the COMPANY upon its delivery to the carrier FOB or to the COMPANY, whichever occurs first. The COMPANY makes no warranty, guaranty, or representation with respect to ownership of, of or title to, goods, products, or equipment, in whole or in part, and the COMPANY does not purport to grant any license to NINE MILE BEACON or its Affiliatesaffiliates, with respect to any third party trademark, patent, or other intellectual property right in connection with the goods, products, or equipment, whether or not such third party property is contained in or comprises such goods, products, or equipment, in whole or in part. 12.2 COMPANY shall bear no risk of loss or damage of any kind or nature whatsoever with respect to the cost of all packaging and shipment of equipment and material provided by NINE MILE BEACON to the Site, of all unloading, storage, protection and installation of said equipment and material at the Site, and of any insurance on the equipment and material prior to the Final Acceptance of the Project, regardless of whether title has passed to the COMPANY,