SHIPMENT, DELIVERY AND ACCEPTANCE. a. Unless otherwise set out in the Order, Seller shall deliver the Goods and/or services DDP (delivery duty paid Incoterms 2020) to the 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 pack the 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 Goods and/or services shall pass to Buyer only upon receipt of the same by Xxxxx, and any rightful rejection or revocation of any Goods and/or services by Buyer shall immediately shift the risk of loss of such Goods and/or services, wherever located, to Seller. b. All items shipped shall be properly identified with Buyer’s purchase order number and any 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 export requirements. c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Goods and/or services after the same have been delivered to the place of shipment. Buyer shall not be deemed to have accepted any such 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 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 Goods and/or services, Seller shall promptly 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 Goods and/or services, or payment for Goods and/or services, shall not relieve Seller of any of its obligations hereunder or constitute a waiver of any of Buyer’s rights hereunder.
Appears in 2 contracts
Samples: Standard Purchase Agreement, Standard Purchase Agreement
SHIPMENT, DELIVERY AND ACCEPTANCE. a. Unless otherwise set out in the Order, Seller shall deliver the Goods and/or services DDP (delivery duty paid Incoterms 2020) Materials according to the place designated for shipment by Buyer in the Order or Buyers' premises in 3277 Steinsholt, Norway if the place of shipment is left blank Incoterm as agreed in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully pack package the Goods and/or services 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 Goods and/or services Materials shall pass to Buyer only upon receipt of the same by Xxxxx, and any rightful rejection or revocation of any Goods and/or services Materials by Buyer Xxxxx shall immediately shift the risk of loss of such Goods and/or servicesMaterials, wherever located, to Seller.
b. All items shipped shall be properly identified with Buyer’s purchase order Order number and any purchase order 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 export requirementsexportrequirements.
c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Goods and/or services Materials after the same have been delivered to the place of shipmentXxxxx’s premises. Buyer shall not be deemed to have accepted any such Goods and/or services Materials until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Goods and/or services 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 Goods and/or servicesMaterials, Seller promptly shall promptly 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 Goods and/or servicesMaterials, or payment for Goods and/or servicesMaterials, shall not relieve Seller of any of its obligations hereunder or constitute a waiver awaiver of any of Buyer’s rights hereunder.
Appears in 2 contracts
Samples: Purchase Agreement, Purchase Agreement
SHIPMENT, DELIVERY AND ACCEPTANCE. a. Unless otherwise set out in the Order, Seller shall deliver the Goods and/or services DDP (delivery duty paid Incoterms 2020) Materials according to the place designated for shipment by Buyer in the Order or Buyers' premises in 3277 Steinsholt, Norway if the place of shipment is left blank Incoterm as agreed in the Order. Seller shall follow any shipping instructions provided by Buyer and shall properly and carefully pack package the Goods and/or services 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 Goods and/or services Materials shall pass to Buyer only upon receipt of the same by Xxxxx, and any rightful rejection or revocation of any Goods and/or services Materials by Buyer shall immediately shift the risk of loss of such Goods and/or servicesMaterials, wherever located, to Seller.
b. All items shipped shall be properly identified with Buyer’s purchase order Order number and any purchase order 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 export requirementsexportrequirements.
c. Notwithstanding anything herein to the contrary, Buyer shall have a reasonable opportunity to inspect the Goods and/or services Materials after the same have been delivered to the place of shipmentXxxxx’s premises. Buyer shall not be deemed to have accepted any such Goods and/or services Materials until the expiration of such reasonable time for inspection. The parties acknowledge and understand that Buyer may inspect any commercial lot of the Goods and/or services 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 Goods and/or servicesMaterials, Seller promptly shall promptly 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 Goods and/or servicesMaterials, or payment for Goods and/or servicesMaterials, shall not relieve Seller of any of its obligations hereunder or constitute a waiver of any of Buyer’s rights hereunder.
Appears in 1 contract
Samples: Purchase Agreement