Risk of Loss and Shipping Terms Sample Clauses

Risk of Loss and Shipping Terms. The Software is deemed delivered on the earlier of (a) when it is made available by OT for electronic download, or (b) when OT delivers the Software on Physical Media. Title to the Physical Media and all risk of loss for the Physical Media will pass to Licensee when delivered by OT to the shipping dock of the OT shipping facility.
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Risk of Loss and Shipping Terms. The Software is deemed delivered on the earlier of (a) when it is made available by OT for electronic download, or (b) when OT delivers the Software on Physical Media. Title to the Physical Media and all risk of loss for the Physical Media will pass to Licensee when delivered by OT to the shipping dock of the OT shipping facility. 6.4 Invoicing And Payment. OT may invoice Licensee for License Fees and Taxes upon delivery of Software. All License Fees and Taxes due to OT by Licensee are due and payable upon Licensee’s receipt of an invoice from OT. License Fees do not include Taxes which are the responsibility of Licensee. If OT is obligated to pay Taxes on behalf of Licensee, Licensee will reimburse OT in full promptly following receipt of OT’s invoice. Licensee is responsible for paying the full Licensee Fees to OTregardless of any Taxes Licensee is required to withhold or deduct. All License Fees and Taxes due to OT under this EULA are payable in the currency specified in the Transaction Document. All License Fees and Taxes due to OT which are not paid in full within 30 days following its due date will bear interest at a rate of 1.5% per month (18% per annum) or the maximum amount allowed by law, if less, on the unpaid portion until fully paid. This subsection does not apply if Software is purchased through an OT reseller. 6.5
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Risk of Loss and Shipping Terms. Title to the physical media containing the Software and all risk of loss for the media and Software shall pass to Licensee when delivered by OT to the shipping dock of the OT shipping facility ("Delivery Point"), at which time the Software is deemed shipped to the Licensee. If the physical media is lost or damaged prior to the Licensee obtaining physical possession, OT shall immediately provide a replacement copy of the physical media free of charge. If OT is providing the Software by way of electronic download, the Software Licenses are deemed shipped when OT has made the Software available to the Licensee for electronic download.
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Risk of Loss and Shipping Terms. The Software is deemed delivered on the earlier of (a) when it is made available by COMAEA in the dedicated technical environment / Private Cloud and has been successfully configured onto the Licensee’s premises or systems, or (b) when COMAEA delivers the Software on Physical Media. Title to the Physical Media and all risk of loss for the Physical Media will pass to Licensee when delivered by COMAEA to the shipping dock of the COMAEA shipping facility.
Sample 1
Risk of Loss and Shipping Terms. The OT Products are deemed delivered on the earlier of (a) when made available by OT for electronic download, or (b) when OT delivers the OT Products on physical media. Title to the physical media and all risk of loss for the physical media will pass to Partner or End User, as applicable, when delivered by OT to the shipping dock of the OT shipping facility.
Sample 1
Risk of Loss and Shipping Terms. The Software is deemed delivered when it is made available by SWC for electronic access or download.
Sample 1
Risk of Loss and Shipping Terms. Title to the physical media containing the Software and all risk of loss for the media and Software shall pass to Licensee when delivered by CC to the shipping dock of the CC shipping facility ("Delivery Point"), at which time the Software is deemed shipped to the Licensee. If the physical media is lost or damaged prior to the Licensee obtaining physical possession, CC shall immediately provide a replacement copy of the physical media free of charge. If CC is providing the Software by way of electronic download, the Software Licenses are deemed shipped when CC has made the Software available to the Licensee for electronic download.
Sample 1
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Risk of Loss and Shipping Terms. The Software is deemed delivered on the earlier of (a) when it is made available by Rocket Software for electronic download, or (b) when Rocket Software delivers the Software on Physical Media. Title to the Physical Media and all risk of loss for the Physical Media will pass to Licensee when delivered by Rocket Software to the shipping dock of the Rocket Software shipping facility.
Sample 1

Related to Risk of Loss and Shipping Terms

  • SHIPPING AND SHIPPING COSTS All delivered Equipment and Products must be properly packaged. Damaged Equipment and Products may be rejected. If the damage is not readily apparent at the time of delivery, Supplier must permit the Equipment and Products to be returned within a reasonable time at no cost to Sourcewell or its Participating Entities. Participating Entities reserve the right to inspect the Equipment and Products at a reasonable time after delivery where circumstances or conditions prevent effective inspection of the Equipment and Products at the time of delivery. In the event of the delivery of nonconforming Equipment and Products, the Participating Entity will notify the Supplier as soon as possible and the Supplier will replace nonconforming Equipment and Products with conforming Equipment and Products that are acceptable to the Participating Entity. Supplier must arrange for and pay for the return shipment on Equipment and Products that arrive in a defective or inoperable condition. Sourcewell may declare the Supplier in breach of this Contract if the Supplier intentionally delivers substandard or inferior Equipment or Products.

  • 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.

  • Risk of Loss Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering xxxxxxx’x xxxx of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x xxxx of lading and damage inspection report.

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