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 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.