Common use of SHIPMENT, DELIVERY AND ACCEPTANCE Clause in Contracts

SHIPMENT, DELIVERY AND ACCEPTANCE. a. Seller shall deliver the Materials according to the Incoterm as agreed in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully package the Materials for shipment. Any loss or damage, whenever occurring, which results from Seller’s improper packaging or crating shall be borne by Seller. Notwithstanding anything in the foregoing to the contrary, title to and risk of loss of the Materials shall pass to Buyer only upon receipt of the same by Xxxxx, and any rightful rejection or revocation of any Materials by Xxxxx shall immediately shift the risk of loss of such Materials, wherever located, to Seller. b. All items shipped shall be properly identified with Buyer’s Order number and any Order item number or other identification number shown. Seller accepts full responsibility for the completeness and accuracy of all transport and customs documentation (“Shipping Documents”) provided to Buyer. Seller accepts any liabilities resulting from incomplete or inaccurate data on Shipping Documents or failure to comply with any import or exportrequirements. c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Materials after the same have been delivered to Xxxxx’s premises. Buyer shall not be deemed to have accepted any such Materials until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Materials consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to be defective. Upon rejection or revocation of acceptance of any Materials, Seller promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s expense, including all shipping costs. Buyer’s failure to inspect or reject Materials, or payment for Materials, shall not relieve Seller of any of its obligations hereunder or constitute awaiver of any of Buyer’s rights hereunder.

SHIPMENT, DELIVERY AND ACCEPTANCE. a. Unless otherwise set out in the Order, Seller shall deliver the Materials according Goods and/or services DDP (delivery duty paid Incoterms 2020) to the Incoterm as agreed place designated for shipment by Buyer in the Order or Buyers' premises in 3277 Steinsholt, Norway if the place of shipment is left blank in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully package pack the Materials Goods and/or services for shipment. Any loss or damage, whenever occurring, which results from Seller’s improper packaging or crating shall be borne by Seller. Notwithstanding anything in the foregoing to the contrary, title to and risk of loss of the Materials Goods and/or services shall pass to Buyer only upon receipt of the same by Xxxxx, and any rightful rejection or revocation of any Materials Goods and/or services by Xxxxx Buyer shall immediately shift the risk of loss of such MaterialsGoods and/or services, wherever located, to Seller. b. All items shipped shall be properly identified with Buyer’s Order purchase order number and any Order purchase order item number or other identification number shown. Seller accepts full responsibility for the completeness and accuracy of all transport and customs documentation (“Shipping Documents”) provided to Buyer. Seller accepts any liabilities resulting from incomplete or inaccurate data on Shipping Documents or failure to comply with any import or exportrequirementsexport requirements. c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Materials Goods and/or services after the same have been delivered to Xxxxx’s premisesthe place of shipment. Buyer shall not be deemed to have accepted any such Materials Goods and/or services until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Materials Goods and/or services consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to be defective. Upon rejection or revocation of acceptance of any MaterialsGoods and/or services, Seller shall promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s expense, including all shipping costs. Buyer’s failure to inspect or reject MaterialsGoods and/or services, or payment for MaterialsGoods and/or services, shall not relieve Seller of any of its obligations hereunder or constitute awaiver a waiver of any of Buyer’s rights hereunder.

SHIPMENT, DELIVERY AND ACCEPTANCE. a. Seller shall deliver the Materials ءاده ل ا , ل تالواقملاو ةماعلا ةراجتلل تيوك روتيفيلا هيك ىت ةكرش شلا عراش ،قرش ،سماخلا قباطلا ،ةيتيوك ا ةد عا ا جرب تيوكلا | ١٣٠٠٢ ةافص - ١١٥ .ب.ص ٢٢٧٨٩١١ ف | +000 00000000 ت xxx.xxxxxxxxxx.xxx | xxxx.xx@xxxxxxxxxx.xxx according to the Incoterm as agreed in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully package the Materials for shipment. Any loss or damage, whenever occurring, which results from Seller’s improper packaging or crating shall be borne by Seller. Notwithstanding anything in the foregoing to the contrary, title to and risk of loss of the Materials shall pass to Buyer only upon receipt of the same by Xxxxx, and any rightful rejection or revocation of any Materials by Xxxxx shall immediately shift the risk of loss of such Materials, wherever located, to Seller. b. All items shipped shall be properly identified with Buyer’s Order number and any Order item number or other identification number shown. Seller accepts full responsibility for the completeness and accuracy of all transport and customs documentation (“Shipping Documents”) provided to Buyer. Seller accepts any liabilities resulting from incomplete or inaccurate data on Shipping Documents or failure to comply with any import or exportrequirements. c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Materials after the same have been delivered to Xxxxx’s premises. Buyer shall not be deemed to have accepted any such Materials until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Materials consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to be defective. Upon rejection or revocation of acceptance of any Materials, Seller promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s expense, including all shipping costs. Buyer’s failure to inspect or reject Materials, or payment for Materials, shall not relieve Seller of any of its obligations hereunder or constitute awaiver of any of Buyer’s rights hereunder.

SHIPMENT, DELIVERY AND ACCEPTANCE. a. 5.1 All Products must be packaged and labeled in accordance with Buyer’s instructions and all applicable laws, including but not limited to all domestic and international transportation, occupational safety, and environmental 5.166.PURC.12.06.19.04 Page 1 of 5 protection laws and regulations. Prior to shipment, Seller must provide Buyer with current Material Safety Data Sheets as required under applicable law and regulations for each Product. 5.2 Seller will ship all Products in conformity with Buyer’s shipment instructions. Unless Buyer is responsible for shipment, Seller shall deliver the Materials according to the Incoterm as agreed be liable for any Product lost, damaged, delayed or destroyed while in the Order. possession or custody of Seller shall follow or its agents, or employees, or any shipping instructions provided by Buyer and shall properly and carefully package the Materials for shipment. Any loss carrier or damage, whenever occurring, which results from Seller’s improper packaging or crating shall be borne freight consolidator designated by Seller. Notwithstanding anything Seller is liable for all damages caused by improper packaging and loading by Seller. 5.3 Seller’s fees for packaging, loading and handling the product are included in the foregoing to the contrary, title to and risk of loss price of the Materials shall pass Products and may not be charged as an additional fee on product or freight invoices. When Seller selects the carrier, Buyer will reimburse Seller for actual freight costs incurred by Seller, subject to Seller providing Buyer only upon receipt with invoice documentation of those charges that is reasonably satisfactory to Buyer. Freight discounts granted to Seller must also be documented. Unless accounted for in Seller’s invoice, Buyer will offset the same by Xxxxx, and any rightful rejection or revocation of any Materials by Xxxxx shall immediately shift the risk of loss amount of such Materials, wherever located, discounts against the amounts payable to Seller. b. All items shipped shall be properly identified with 5.4 Method of shipment, and time and rate of delivery are of the essence for this Agreement. Seller will notify Buyer in writing of any delay or anticipated delay affecting the delivery date specified in Buyer’s Order number purchase order within two business days of identification of delay. 5.5 All clerical errors of Buyer and any Order item number Seller are subject to correction. 5.6 All Products must conform strictly to the applicable Specifications and no deviation or other identification number shownsubstitution will be permitted or accepted without the prior express written agreement of Buyer, in its sole discretion. Seller accepts full responsibility for There will be no substitutes or shipment of more or less than the completeness and accuracy quantity specified by Buyer without the prior written approval of all transport and customs documentation (“Shipping Documents”) provided Buyer. 5.7 All Product deliveries will be subject to Buyer. Seller accepts any liabilities resulting from incomplete ’s right to inspect, and to accept or inaccurate data on Shipping Documents reject Products that are not strictly in conformity with all of the requirements of this Agreement or failure to comply with any import or exportrequirementsthe Specifications. c. Notwithstanding anything herein to 5.8 Buyer also reserves the contrary, Buyer shall have a reasonable opportunity right to inspect all work in process and completed but undelivered Products, and to accept or reject Products and work in process not strictly in conformity with all of the Materials after requirements of this Agreement or the same have been delivered to Xxxxx’s premises. Buyer Specifications, but such inspection shall not release Seller from any of Seller’s obligations hereunder. 5.9 Neither any acknowledgment of delivery or receipt, nor any payment made by Buyer, will be deemed to have accepted any such Materials until the expiration a waiver of such reasonable time for inspectionBuyer’s right of inspection and rejection. The parties acknowledge and understand that Buyer may inspect any commercial lot costs for removal, storage or return of the Materials consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to rejected Products will be defective. Upon rejection or revocation of acceptance of any Materials, Seller promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s sole cost and expense, including all shipping costs. Buyer’s failure to inspect or reject Materials, or payment for Materials, shall not relieve Seller of any of its obligations hereunder or constitute awaiver of any of Buyer’s rights hereunder.

SHIPMENT, DELIVERY AND ACCEPTANCE. 1/4 TK ELEVATOR EGYPT S.A.E. 00 Xxxxx Xx Xxx Xxxxxxx Xxxxxx, Sheraton Heliopolis Area | Cairo | Egypt P +00 0 00 000 000/7 | F +00 0 00 000 000 xxxx.xx@xxxxxxxxxx.xxx | xxx.xxxxxxxxxx.xxx.xx رصم | ةرهاقلا | نوتاريش نكاسم ،نيسح نيدلا لامك ش 12 xxx.xxxxxxxxxx.xxx.xx | xxxx.xx@xxxxxxxxxx.xxx a. Seller shall deliver the Materials according to the Incoterm as agreed in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully package the Materials for shipment. Any loss or damage, whenever occurring, which results from Seller’s improper packaging or crating shall be borne by Seller. Notwithstanding anything in the foregoing to the contrary, title to and risk of loss of the Materials shall pass to Buyer only upon receipt of the same by Xxxxx, and any rightful rejection or revocation of any Materials by Xxxxx shall immediately shift the risk of loss of such Materials, wherever located, to Seller. b. All items shipped shall be properly identified with Buyer’s Order number and any Order item number or other identification number shown. Seller accepts full responsibility for the completeness and accuracy of all transport and customs documentation (“Shipping Documents”) provided to Buyer. Seller accepts any liabilities resulting from incomplete or inaccurate data on Shipping Documents or failure to comply with any import or exportrequirements. c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Materials after the same have been delivered to Xxxxx’s premises. Buyer shall not be deemed to have accepted any such Materials until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Materials consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to be defective. Upon rejection or revocation of acceptance of any Materials, Seller promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s expense, including all shipping costs. Buyer’s failure to inspect or reject Materials, or payment for Materials, shall not relieve Seller of any of its obligations hereunder or constitute awaiver of any of Buyer’s rights hereunder.

SHIPMENT, DELIVERY AND ACCEPTANCE. a. Seller shall deliver the Materials according to the TK ELEVATOR W.L.L. Xxxxxx Xxx Xxxxxxx, Shoumoukh Towers, Tower A, Office No. A-503/504 P.O. Box 47405 - Doha | Qatar P +000 00000000/51 | F +000 00000000 xx.xxxx@xxxxx.xxx | xxx.xxxxxxxxxx.xxx رطق ,هحودلا شلا جارب ,دومحم نب جيرف ٥٠٤/٥٠٣-ا مقر بتكم ,ا جربلا ,خوم .م.م.ذا روتيفيلا ىك ىت +000 00000000 ف | xxx.xxxxxxxxxx.xxx | xx.xxxx@xxxxx.xxx Incoterm as agreed in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully package the Materials for shipment. Any loss or damage, whenever occurring, which results from Seller’s improper packaging or crating shall be borne by Seller. Notwithstanding anything in the foregoing to the contrary, title to and risk of loss of the Materials shall pass to Buyer only upon receipt of the same by Xxxxx, and any rightful rejection or revocation of any Materials by Xxxxx shall immediately shift the risk of loss of such Materials, wherever located, to Seller. b. All items shipped shall be properly identified with Buyer’s Order number and any Order item number or other identification number shown. Seller accepts full responsibility for the completeness and accuracy of all transport and customs documentation (“Shipping Documents”) provided to Buyer. Seller accepts any liabilities resulting from incomplete or inaccurate data on Shipping Documents or failure to comply with any import or exportrequirements. c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Materials after the same have been delivered to Xxxxx’s premises. Buyer shall not be deemed to have accepted any such Materials until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Materials consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to be defective. Upon rejection or revocation of acceptance of any Materials, Seller promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s expense, including all shipping costs. Buyer’s failure to inspect or reject Materials, or payment for Materials, shall not relieve Seller of any of its obligations hereunder or constitute awaiver of any of Buyer’s rights hereunder.

SHIPMENT, DELIVERY AND ACCEPTANCE. a. 5.1 All Products must be packaged and labeled in accordance with Buyer’s instructions and all applicable laws, including but not limited to all domestic and international transportation, occupational safety, and environmental protection laws and regulations. Prior to shipment, Seller must provide Buyer with current Material Safety Data Sheets as required under applicable law and regulations for each Product. 5.2 Seller will ship all Products in conformity with Buyer’s shipment instructions. Unless Buyer is responsible for shipment, Seller shall deliver the Materials according to the Incoterm as agreed be liable for any Product lost, damaged, delayed or destroyed while in the Order. possession or custody of Seller shall follow or its agents, or employees, or any shipping instructions provided by Buyer and shall properly and carefully package the Materials for shipment. Any loss carrier or damage, whenever occurring, which results from Seller’s improper packaging or crating shall be borne freight consolidator designated by Seller. Notwithstanding anything Seller is liable for all damages caused by improper packaging and loading by Seller. 5.166.PURC.10.31.17.03 Page 1 of 4 5.3 Seller’s fees for packaging, loading and handling the product must be included in the foregoing to the contrary, title to and risk of loss price of the Materials shall pass Products and not charged as an additional fee on product or freight invoices. When Seller selects the carrier, Buyer will reimburse Seller for actual freight costs incurred by Seller, subject to Seller providing with its invoice documentation of those charges that is reasonably satisfactory to Buyer. Freight discounts granted to Seller must also be documented. Unless accounted for in Seller’s invoice, Buyer only upon receipt of will offset the same by Xxxxx, and any rightful rejection or revocation of any Materials by Xxxxx shall immediately shift the risk of loss amount of such Materials, wherever located, discounts against the amounts payable to Seller. b. All items shipped shall be properly identified with 5.4 Method of shipment, and time and rate of delivery are of the essence for this Agreement. Seller will notify Buyer in writing of any delay or anticipated delay affecting delivery date specified in Buyer’s Order number purchase order within two business days of identification of delay. 5.5 All clerical errors of Buyer and any Order item number Seller are subject to correction. 5.6 All Products must conform strictly to the applicable Specifications and no deviation or other identification number shownsubstitution will be permitted or accepted without the express written agreement of Buyer. Seller accepts full responsibility for There will be no substitutes or shipment of more or less than the completeness and accuracy quantity specified by Buyer without the prior written approval of all transport and customs documentation (“Shipping Documents”) provided Buyer. 5.7 All Product deliveries will be subject to Buyer. Seller accepts any liabilities resulting from incomplete ’s right to inspect, and to accept or inaccurate data on Shipping Documents reject Products that are not strictly in conformity with all of the requirements of this Agreement or failure to comply with any import or exportrequirementsthe Specifications. c. Notwithstanding anything herein to 5.8 Buyer also reserves the contrary, Buyer shall have a reasonable opportunity right to inspect all work in process and completed but undelivered Products, and to accept or reject Products and work in process not strictly in conformity with all of the Materials after requirements of this Agreement or the same have been delivered to XxxxxSpecifications. 5.9 Neither any acknowledgment of delivery or receipt, nor any Buyer payment will be a waiver of Buyer’s premises. Buyer shall not be deemed to have accepted any such Materials until the expiration right of such reasonable time for inspectioninspection and rejection. The parties acknowledge and understand that Buyer may inspect any commercial lot costs for removal, storage or return of the Materials consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to rejected Products will be defective. Upon rejection or revocation of acceptance of any Materials, Seller promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s sole cost and expense, including all shipping costs. Buyer’s failure to inspect or reject Materials, or payment for Materials, shall not relieve Seller of any of its obligations hereunder or constitute awaiver of any of Buyer’s rights hereunder.

SHIPMENT, DELIVERY AND ACCEPTANCE. a. Seller shall deliver the Materials according to the Incoterm as agreed in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully package the Materials for shipment. Any loss or damage, whenever occurring, which results from Seller’s improper packaging or TK ELEVATOR UAE L.L.C. | Sheikh Xxxxx Xxxx Xx. 0, Xxx X Xxxxx, 11th Floor | P.O. Box 27278 - Dubai | UAE | P +000 0 000 0000 | F +000 0 000 0000 xxxx.xx@xxxxxxxxxx.xxx | xxx.xxxxxxxxxx.xx 1/4 crating shall be borne by Seller. Notwithstanding anything in the foregoing to the contrary, title to and risk of loss of the Materials shall pass to Buyer only upon receipt of the same by Xxxxx, and any rightful rejection or revocation of any Materials by Xxxxx shall immediately shift the risk of loss of such Materials, wherever located, to Seller. b. All items shipped shall be properly identified with Buyer’s Order number and any Order item number or other identification number shown. Seller accepts full responsibility for the completeness and accuracy of all transport and customs documentation (“Shipping Documents”) provided to Buyer. Seller accepts any liabilities resulting from incomplete or inaccurate data on Shipping Documents or failure to comply with any import or exportrequirements. c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Materials after the same have been delivered to Xxxxx’s premises. Buyer shall not be deemed to have accepted any such Materials until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Materials consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to be defective. Upon rejection or revocation of acceptance of any Materials, Seller promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s expense, including all shipping costs. Buyer’s failure to inspect or reject Materials, or payment for Materials, shall not relieve Seller of any of its obligations hereunder or constitute awaiver of any of Buyer’s rights hereunder.

SHIPMENT, DELIVERY AND ACCEPTANCE. a. Seller shall deliver the Materials according to the Incoterm as agreed in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully package the Materials for shipment. Any loss or damage, whenever occurring, which results from Seller’s improper packaging or crating shall be borne by Seller. Notwithstanding anything in the foregoing to the contrary, title to and risk of loss of the Materials shall pass to Buyer only upon receipt of the same by Xxxxx, and any rightful rejection or revocation of any Materials by Xxxxx Buyer shall immediately shift the risk of loss of such Materials, wherever located, to Seller. b. All items shipped shall be properly identified with Buyer’s Order number and any Order item number or other identification number shown. Seller accepts full responsibility for the completeness and accuracy of all transport and customs documentation (“Shipping Documents”) provided to Buyer. Seller accepts any liabilities resulting from incomplete or inaccurate data on Shipping Documents or failure to comply with any import or exportrequirements. c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Materials after the same have been delivered to Xxxxx’s premises. Buyer shall not be deemed to have accepted any such Materials until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Materials consisting of numerous units of the same product by inspecting only a reasonable sampling of such units and that Buyer may revoke acceptance of any other units of such commercial lot which Buyer at a later time discovers to be defective. Upon rejection or revocation of acceptance of any Materials, Seller promptly shall replace or correct, at Buyer’s option, any unsatisfactory units at Seller’s expense, including all shipping costs. Buyer’s failure to inspect or reject Materials, or payment for Materials, shall not relieve Seller of any of its obligations hereunder or constitute awaiver a waiver of any of Buyer’s rights hereunder.