Shipment, Delivery and Risk of Loss. Buyer’s purchase order must specify preferred carrier or order will be shipped via best way, pre-pay and added to the invoice. Delivery of goods to a carrier at Seller’s point of shipment shall constitute delivery. Terms used shall be defined as in Incoterms 2010 Rules. Title to goods purchased hereunder, as well as the risk of loss, shall in U.S. domestic sales pass to Buyer at the Seller’s door, and shall in international sales pass to Buyer upon entry into international waters, entry into international airspace, or the crossing of an international border, with the sole exception of banked transactions (L/C, DAA, DAP) in which case the transfer of title occurs upon exchange of documents at the bank window, and the transfer of risk of loss occurs upon entry into international water, international airspace, or the crossing of an international border. Buyer shall make claims for loss or damage to goods while in transit against the carrier. Additional charges will be incurred by Buyer for special processing for export orders and drop shipments outside of the United States of America. Seller will not make any “drop shipments” to Buyer’s customers unless Seller, in its sole discretion, deems it necessary. Buyer must take delivery of all goods ordered by it within 365 days after the agreed upon shipment date described in the applicable order which has been accepted by Seller; however, with Seller’s written consent, Buyer may defer, up to 60 additional days, an agreed upon shipment date specified in such an order, but in no event is Seller required to honor such a rescheduling request which is received less than 30 days before the originally scheduled shipment date. The shipping date(s) designated by Seller represent a reasonable estimate of the time required to manufacture the goods covered by an order commencing with the date the order is accepted by Seller. Such dates do not represent Xxxxxx’s promise to ship or deliver the goods on such dates unless otherwise expressly agreed in writing. Goods may be tendered in partial shipments at Seller’s discretion. If Seller determines it is necessary to modify the design or specifications for the goods, the shipping date shall be extended by the period of time required to achieve the agreed-upon modifications to the design, specifications, or terms of sale.
Shipment, Delivery and Risk of Loss. Unless otherwise specifically agreed by the Parties, all Products delivered to Aura from Zanotti pursuant to this Agreement shall be F.C.A., Aura’s designated facility. From time to time, the parties may enter into other shipping arrangements. However, no shipping arrangements shall affect or alter in any way the provisions of this Section with respect to transfer of title, responsibility of safe carriage and risk of loss.
Shipment, Delivery and Risk of Loss. Anchor recognizes Customer’s need for prompt delivery. However, Anchor does not guarantee a particular date for shipment or delivery of any Products, unless specifically agreed in writing by Anchor. Anchor shall not be responsible for delays in deliveries due to any contingencies or circumstances beyond Anchor’s control. Delivery of Products shall be made FOB Anchor’s Evansville, Indiana, facility, or FOB other shipping point(s) designated by Anchor. If Customer does not specify a method of shipment or carrier, or if the specified method is not practical in the sole discretion of Anchor, Anchor shall control the method of shipping and carrier without liability for differences in time and/or expense. Risk of loss and damage to Products and title shall pass upon release to the carrier. All COD shipments, if approved by Anchor, shall require cash, money order, or a certified check for payment. Anchor may deliver Products in installments, and each shipment is considered a separate and independent transaction and payment shall be made as to each shipment or as otherwise directed by Xxxxxx. Upon receipt of any shipment, it shall be the responsibility of Customer to check materials and secure written acknowledgment from the delivering carrier for any shortages, loss, or damage. CUSTOMER AGREES TO INSPECT ALL PRODUCTS BEFORE ACCEPTANCE OF ANY DELIVERY. If Customer discovers concealed damage within five (5) days of receipt of Products, Customer must contact Anchor, whereupon Anchor will, if appropriate, assist in filing a claim on behalf of Customer with the carrier.
Shipment, Delivery and Risk of Loss. Unless expressly agreed to by the Parties in writing, all Products are sold “Ex Works (EXW)” at PAK Solutions’ facility pursuant to Incoterms 2010 rules created and published by the International Chamber of Commerce, as amended through the date of the Order (the “Incoterms”). The Parties’ respective rights and obligations regarding Products sold, including obligations in respect of transport, payment for shipment, risk of loss and passage of title, shall be governed by the Incoterms as applicable to Ex Works (EXW) at PAK Solutions’ facility. Each shipment constitutes a separate sale, and Buyer shall pay for the goods shipped, whether the shipment is in whole or partial fulfillment of an Order. PAK Solutions shall use commercially reasonable efforts to have Products ready for shipment on a timely basis, however, any time quoted for delivery is an estimate only, and PAK Solutions shall not be liable for any loss or damage arising from any delay in filling any order, failure to deliver or delay in delivery. No delay in the shipment or delivery of any Products relieves Buyer of its obligations under this Agreement, including without limitation, accepting delivery of any remaining installments or other orders of Products.
Shipment, Delivery and Risk of Loss. Buyer shall be responsible for the shipment of all Articles. Supplier shall deliver the Articles to Buyer’s designated shipper/freight forwarder. Delivery will be deemed complete, and title to Articles purchased by Buyer hereunder shall vest in Buyer and risk of loss or damage shall pass to Buyer when the Articles have been delivered to the designated shipper.
