Common use of RISK AND DELIVERY Clause in Contracts

RISK AND DELIVERY. 10.1 The Products and Services remain at Metalcraft risk until delivery to the Customer. 10.2 Delivery of Products and Services shall be deemed complete when Metalcraft, or an agent including a manufacturer, gives possession of the Products and Services directly to the Customer or possession of the Products and Services is given to a carrier, courier, or other bailee for purposes of transmission to the Customer. 10.3 The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to Metalcraft making time of the essence. 10.4 Where Metalcraft delivers Products and Services to the Customer by instalments and Metalcraft fails to deliver or supply one or more instalments the Customer shall not have the right to cancel the contract but shall have the right to claim compensation as a severable breach. 10.5 The Customer will ensure that Metalcraft is provided with reasonable access to the delivery address together with adequate room for unloading. The Customer indemnifies Metalcraft against all costs and liabilities Metalcraft incurs with or arising out of the delivery or in unloading.

RISK AND DELIVERY. 10.1 7.1 The Products and Services remain at Metalcraft risk until delivery to the Customer. 10.2 7.2 Delivery of Products and Services shall be deemed complete when Metalcraft, or an agent including a manufacturer, gives possession of the Products and Services directly to the Customer or possession of the Products and Services is given to a carrier, courier, or other bailee for purposes of transmission to the Customer. 10.3 7.3 The time agreed for delivery shall not be an essential term of this contract unless the Customer gives written notice to Metalcraft making time of the essence. 10.4 7.4 Where Metalcraft delivers Products and Services to the Customer by instalments and Metalcraft fails to deliver or supply one or more instalments the Customer shall not have the right to cancel the contract but shall have the right to claim compensation as a severable breach. 10.5 7.5 The Customer will ensure that Metalcraft is provided with reasonable access to the delivery address together with adequate adequare room for unloading. The Customer indemnifies Metalcraft against all costs and liabilities Metalcraft Metalctaft incurs with or arising out of the delivery or in unloading.