PROPERTY AND RISK 7.1 Risk in each Element of the Contracted Services shall pass to the Customer upon delivery to the Site.
LIABILITY AND RISK OF LOSS A. Each Party hereby waives any claim against the other Party, employees of the other Party, the other Party's Related Entities (including but not limited to contractors and subcontractors at any tier, grantees, investigators, customers, users, and their contractors or subcontractor at any tier), or employees of the other Party's Related Entities for any injury to, or death of, the waiving Party's employees or the employees of its Related Entities, or for damage to, or loss of, the waiving Party's property or the property of its Related Entities arising from or related to activities conducted under this Agreement, whether such injury, death, damage, or loss arises through negligence or otherwise, except in the case of willful misconduct.
Property and Equipment All property and equipment purchased by CONTRACTOR with funds received under this Agreement, or purchased on behalf of CONTRACTOR for the program site(s) covered under this Agreement, shall be insured by CONTRACTOR at replacement value against fire, theft, and destruction equal to the full replacement cost.
LIABILITY AND RISK OF LOSS - PRODUCT LIABILITY With respect to products or processes resulting from a Party's participation in an SAA, each Party that markets, distributes, or otherwise provides such product, or a product designed or produced by such a process, directly to the public will be solely responsible for the safety of the product or process.
Delivery and Risk of Loss Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver. Unless otherwise required by a contract of Buyer with a customer of Buyer with respect only to products ordered by such customer, Title shall not pass with respect to any products ordered until Buyer makes payment in full thereof. In the alternative, Seller reserves a purchase money security interest in the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until full payment has been received. Buyer agrees to execute any document appropriate or necessary to perfect Seller's security interest or to acknowledge that title remains with Seller. In the alternative, Seller may file this order as a financing statement and/or chattel mortgage. Buyer agrees that, upon its failure to pay any invoice when due, Seller may immediately foreclose upon and sell, in a manner determined by Seller, any products or property owned by or provided by Buyer to Seller, regardless of whether such products or property are the subject of the unpaid invoice, in order to allow Seller to recover all amounts, including but not limited to interest and penalties, owed by Buyer to Seller.
Property Inventory and Protection of Assets Grantee will;
RISK OF LOSS OR DAMAGE From the point the equipment leaves Company’s office in El Cajon, CA the Customer assumes all risks of loss or damage to the equipment from any cause.
Dangerous Goods You warrant that the Goods do not include any firearms or goods which are or may become of a dangerous, corrosive, highly combustible, explosive, damaging or noxious nature nor likely to encourage any vermin or pest unless You have disclosed to Us in writing the presence and nature of any such items prior to them being made available to Us for loading or storage. We may refuse to remove or store such items. If We discover any article or substance of this nature after the Goods have been received by Us, We may take any reasonable action, including destruction or disposal, as We may think fit without incurring any liability to You.
DELIVERY - RISK OF LOSS Deliveries must be made both in quantities and at times specified on the face of the Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. ▪ Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on the Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made after or before the specified delivery date. Seller will bear all costs and damages incurred by Buyer due to late or early delivery. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in the Purchase Order, all goods are sold DAP. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.
Marketing the Property In an effort to properly and efficiently market the Property, the Seller grants the following permissions to the Agency: (Initial ALL That Apply) - Advertise the Property. - To use the Property’s street address when advertising the Property. - Allow third (3rd) party websites to create estimated market values of the Property. - Allow the Agency to disclose the existence of other offers on the Property. - Publish any and all Property information electronically or in print. This includes, but is not limited to, the Multiple Listing Service (MLS), real estate websites, newspapers, etc. - Place a lockbox or key box on the Property. The Seller shall hold harmless the Agency and all cooperating licensees from all responsibility and liability resulting from any loss, damage, or theft which might occur while the Property is listed by the Agency under this Agreement. - Authorize a “For Sale” Sign on the Property.
