Common use of Shipment, Delivery and Risk of Loss Clause in Contracts

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.

Appears in 5 contracts

Samples: commerce-production-mcrey-89b2dcb2.s3.us-east-1.amazonaws.com, assets.unilogcorp.com, hoffman.nvent.com

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Shipment, Delivery and Risk of Loss. Buyer’s purchase order must specify preferred carrier or order will be shipped via best wayUnless otherwise agreed by the parties, pre-pay and added to the invoice. Delivery of goods to a carrier at all shipments are FCA (Seller’s point shipping point), Incoterms 2010. Any additional charges incurred for shipping by Buyer-designated carriers, specialized carriers or Buyer-requested shipments beyond reasonable dispatch are the exclusive responsibility of shipment shall constitute deliveryBuyer. Terms used Shipments requiring specialized transportation equipment, including but not limited to flat beds for less than truck load shipments, platforms, drop decks or low boys will result in additional freight charges to Buyer, and if Seller for any reason incurs those costs to ship the Product, Buyer agrees to refund all amounts paid. Delivered prices or prices involving competitive transportation adjustments shall be defined as subject to appropriate adjustment by Seller to reflect changes in Incoterms 2010 Rulestransportation charges. Title Unless otherwise agreed, Seller reserves the right to goods purchased hereunder, as well as select the risk mode of loss, transportation. Risk of loss for the Products sold hereunder shall in U.S. domestic sales pass to Buyer at the Seller’s door, time of shipment and any claims for shortages or damages suffered thereafter are the responsibility of Buyer and shall in international sales pass be submitted by Buyer directly 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 Shortages or damages that appear to have been caused during shipping must be identified and signed for at the time of delivery. Neither Buyer nor the consignee shall have the right to divert or reconsign such shipment to any carrier or destination other than specified in the xxxx of lading without Seller’s prior written consent. While Seller will be incurred use all reasonable commercial efforts to maintain the delivery date(s) acknowledged or quoted by Buyer Seller, all shipping dates are approximate and not guaranteed. Penalties for delay and other claims for compensation for damages without a special processing for export orders and drop shipments outside of the United States of Americaagreement are excluded. Seller will not reserves the right to make any “drop partial shipments” to Buyer’s customers unless . Seller, in at its sole discretionoption, deems it necessary. Buyer must take shall not be bound to tender delivery of all goods ordered by it within 365 days after the agreed upon shipment date described in the applicable order any Products for which Buyer 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 not provided shipping instructions and other 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 discretioninformation. If Seller determines it is necessary to modify notifies the design or specifications Buyer that the Products are ready for shipment and the goodsBuyer does not accept delivery of the Products by the agreed delivery date, the shipping date then such Products shall be extended by stored at the period risk of time required the Buyer and are deemed for purposes of payment to achieve have been delivered and the agreed-upon modifications Buyer shall be responsible for any additional costs as a result; in such cases, Seller reserves the right to store the Products on Seller’s premises and to charge storage fees to the design, specificationsBuyer, or terms to hand the Products over to a shipping agent, at the cost and risk of salethe Buyer. For shipments of fabricated Products, Seller will prepay and allow freight for orders totaling $1,000 (Product only) or more. For shipments of fabricated Products, Buyer is responsible for freight costs for orders totaling less than $1,000. For shipments of rope Products under 5,000 lbs. (rope weight only), no freight allowance is applicable. For shipments of rope Products of 5,000 lbs. or more (rope weight only), freight allowance is applicable to any recognized common carrier point in the continental U.S.A., except Alaska and Hawaii. On rope Products shipments of 10,000 lbs. or more to Alaska, freight allowance is only applicable to Seattle, Washington. On rope Products shipments of 10,000 lbs. or more to Hawaii, freight allowance is only applicable to Los Angeles or San Francisco, California.

Appears in 2 contracts

Samples: www.wireco.com, www.wireco.com

Shipment, Delivery and Risk of Loss. Buyer’s purchase order must specify preferred carrier or order will be shipped via best wayUnless otherwise agreed by the parties, pre-pay and added to the invoice. Delivery of goods to a carrier at all shipments are FCA (Seller’s point shipping point), Incoterms 2010. Any additional charges incurred for shipping by Buyer-designated carriers, specialized carriers or Buyer-requested shipments beyond reasonable dispatch are the exclusive responsibility of shipment shall constitute deliveryBuyer. Terms used Shipments requiring specialized transportation equipment, including but not limited to flat beds for less than truck load shipments, platforms, drop decks or low boys will result in additional freight charges to Buyer, and if Seller for any reason incurs those costs to ship the Product, Xxxxx agrees to refund all amounts paid. Delivered prices or prices involving competitive transportation adjustments shall be defined as subject to appropriate adjustment by Seller to reflect changes in Incoterms 2010 Rulestransportation charges. Title Unless otherwise agreed, Seller reserves the right to goods purchased hereunder, as well as select the risk mode of loss, transportation. Risk of loss for the Products sold hereunder shall in U.S. domestic sales pass to Buyer at the Seller’s door, time of shipment and any claims for shortages or damages suffered thereafter are the responsibility of Buyer and shall in international sales pass be submitted by Buyer directly 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 Shortages or damages that appear to have been caused during shipping must be identified and signed for at the time of delivery. Neither Buyer nor the consignee shall have the right to divert or reconsign such shipment to any carrier or destination other than specified in the bill of lading without Seller’s prior written consent. While Seller will be incurred use all reasonable commercial efforts to maintain the delivery date(s) acknowledged or quoted by Buyer Seller, all shipping dates are approximate and not guaranteed. Penalties for delay and other claims for compensation for damages without a special processing for export orders and drop shipments outside of the United States of Americaagreement are excluded. Seller will not reserves the right to make any “drop partial shipments” to Buyer’s customers unless . Seller, in at its sole discretionoption, deems it necessary. Buyer must take shall not be bound to tender delivery of all goods ordered by it within 365 days after the agreed upon shipment date described in the applicable order any Products for which Buyer 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 not provided shipping instructions and other 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 discretioninformation. If Seller determines it is necessary to modify notifies the design or specifications Buyer that the Products are ready for shipment and the goodsBuyer does not accept delivery of the Products by the agreed delivery date, the shipping date then such Products shall be extended by stored at the period risk of time required the Buyer and are deemed for purposes of payment to achieve have been delivered and the agreed-upon modifications Buyer shall be responsible for any additional costs as a result; in such cases, Seller reserves the right to store the Products on Seller’s premises and to charge storage fees to the design, specificationsBuyer, or terms to hand the Products over to a shipping agent, at the cost and risk of salethe Buyer.

Appears in 1 contract

Samples: wireco.com

Shipment, Delivery and Risk of Loss. Buyer’s purchase order must specify preferred carrier or order will be shipped via best wayUnless otherwise agreed by the parties, pre-pay and added to the invoice. Delivery of goods to a carrier at all shipments are FCA (Seller’s point shipping point), Incoterms 2010. Any additional charges incurred for shipping by Buyer-designated carriers, specialized carriers or Buyer-requested shipments beyond reasonable dispatch are the exclusive responsibility of shipment shall constitute deliveryBuyer. Terms used Shipments requiring specialized transportation equipment, including but not limited to flat beds for less than truck load shipments, platforms, drop decks or low boys will result in additional freight charges to Buyer, and if Seller for any reason incurs those costs to ship the Product, Buyer agrees to refund all amounts paid. Delivered prices or prices involving competitive transportation adjustments shall be defined as subject to appropriate adjustment by Seller to reflect changes in Incoterms 2010 Rulestransportation charges. Title Unless otherwise agreed, Seller reserves the right to goods purchased hereunder, as well as select the risk mode of loss, transportation. Risk of loss for the Products sold hereunder shall in U.S. domestic sales pass to Buyer at the Seller’s door, time of shipment and any claims for shortages or damages suffered thereafter are the responsibility of Buyer and shall in international sales pass be submitted by Buyer directly 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 Shortages or damages that appear to have been caused during shipping must be identified and signed for at the time of delivery. Neither Buyer nor the consignee shall have the right to divert or reconsign such shipment to any carrier or destination other than specified in the xxxx of lading without Seller’s prior written consent. While Seller will be incurred use all reasonable commercial efforts to maintain the delivery date(s) acknowledged or quoted by Buyer Seller, all shipping dates are approximate and not guaranteed. Penalties for delay and other claims for compensation for damages without a special processing for export orders and drop shipments outside of the United States of Americaagreement are excluded. Seller will not reserves the right to make any “drop partial shipments” to Buyer’s customers unless . Seller, in at its sole discretionoption, deems it necessary. Buyer must take shall not be bound to tender delivery of all goods ordered by it within 365 days after the agreed upon shipment date described in the applicable order any Products for which Buyer 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 not provided shipping instructions and other 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 discretioninformation. If Seller determines it is necessary to modify notifies the design or specifications Buyer that the Products are ready for shipment and the goodsBuyer does not accept delivery of the Products by the agreed delivery date, the shipping date then such Products shall be extended by stored at the period risk of time required the Buyer and are deemed for purposes of payment to achieve have been delivered; in such cases, Seller reserves the agreed-upon modifications right to store the Products on Seller’s premises and to charge storage fees to the design, specificationsBuyer, or terms to hand the Products over to a shipping agent, at the cost and risk of salethe Buyer. For shipments of fabricated Products, Seller will prepay and allow freight for orders totaling $1,000 (Product only) or more. For shipments of fabricated Products, Buyer is responsible for freight costs for orders totaling less than $1,000. For shipments of rope Products under 5,000 lbs. (rope weight only), no freight allowance is applicable. For shipments of rope Products of 5,000 lbs. or more (rope weight only), freight allowance is applicable to any recognized common carrier point in the continental U.S.A., except Alaska and Hawaii. On rope Products shipments of 10,000 lbs. or more to Alaska, freight allowance is only applicable to Seattle, Washington. On rope Products shipments of 10,000 lbs. or more to Hawaii, freight allowance is only applicable to Los Angeles or San Francisco, California.

Appears in 1 contract

Samples: www.wireco.com

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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 2020 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.

Appears in 1 contract

Samples: www.nvent.com

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