Common use of Shipment; Risk of Loss Clause in Contracts

Shipment; Risk of Loss. All shipments of goods are subject to an overrun or shortage of 5% of the quantity specified. Unless otherwise noted, all quoted prices and sales of goods are made FOB point of shipment for North American orders and Ex Works (point of shipment) Incoterms 2010 for international orders. Delivery dates given in advance of actual shipment of goods or performance of services are estimates and shall not be deemed to represent fixed or guaranteed delivery dates. Method and route of shipment will be at the discretion of Xxxxxx unless specified otherwise by Purchaser and agreed by Xxxxxx, and any additional expense of the method or route of shipment specified by Purchaser shall be borne by Purchaser. Claims for shortage or other errors must be made in writing to Xxxxxx within five (5) days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Purchaser. To the extent legal title to the goods shall be deemed to pass to Purchaser at the time of delivery and prior to performance of all of Purchaser's obligations, equitable title shall remain in Xxxxxx until payment in full of the purchase price, and Purchaser shall grant and by acceptance of the goods shall deemed to have granted to Xxxxxx a first security interest in all goods to secure payment of the purchase price and all other amounts owed to Xxxxxx. Xxxxxx, in its sole discretion, may deliver goods in installments, unless otherwise expressly stipulated in this Contract. Such installments, when separately invoiced, shall be paid for when due per invoice without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Purchaser of its obligations to accept remaining deliveries. Purchaser is responsible for all import/export licenses, permits, or authorization.

Appears in 2 contracts

Samples: Entire Agreement, Entire Agreement

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Shipment; Risk of Loss. All shipments of goods are subject to an overrun or shortage of 5% of the quantity specified. Unless otherwise noted, all quoted prices and sales of goods are made FOB point of shipment for North American orders and Ex Works (point of shipment) Incoterms lncoterms 2010 for international orders. Delivery dates given in advance of actual shipment of goods or performance of services are estimates and shall not be deemed to represent fixed or guaranteed delivery dates. Method and route of shipment will be at the discretion of Xxxxxx unless specified otherwise by Purchaser and agreed by Xxxxxx, and any additional expense of the method or route of shipment specified by Purchaser shall be borne by Purchaser. Claims Oaims for shortage or other errors must be made in writing to Xxxxxx within five (5) days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Purchaser. To the extent legal title to the goods shall be deemed to pass to Purchaser at the time of delivery and prior to performance of all of Purchaser's obligations, equitable title shall remain in Xxxxxx until payment in full of the purchase price, and Purchaser shall grant and by acceptance of the goods shall deemed to have granted to Xxxxxx a first security interest in all goods to secure payment of the purchase price and all other amounts owed to Xxxxxx. Xxxxxx, in its sole discretion, may deliver goods in installments, unless otherwise expressly stipulated in this Contract. Such installments, when separately invoiced, shall be paid for when due per invoice without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Purchaser of its obligations to accept remaining deliveries. Purchaser is responsible for all import/export licenses, permits, or authorization.

Appears in 1 contract

Samples: Entire Agreement

Shipment; Risk of Loss. All shipments of goods are subject to an overrun or shortage of 5% of the quantity specified. Unless otherwise noted, all quoted prices and sales of goods are made FOB point of shipment for North American orders and Ex Works (point of shipment) Incoterms 2010 for international orders. Delivery dates given in advance of actual shipment of goods or performance of services are estimates and shall not be deemed to represent fixed or guaranteed delivery dates. Method and route of shipment will be at the discretion of Xxxxxx unless specified otherwise by Purchaser and agreed by Xxxxxx, and any additional expense of the method or route of shipment specified by Purchaser shall be borne by Purchaser. Claims for shortage or other errors must be made in writing to Xxxxxx within five (5) days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Purchaser. To the extent legal title to the goods shall be deemed to pass to Purchaser at the time of delivery and prior to performance of all of Purchaser's ’s obligations, equitable title shall remain in Xxxxxx until payment in full of the purchase price, and Purchaser shall grant and by acceptance of the goods shall deemed to have granted to Xxxxxx a first security interest in all goods to secure payment of the purchase price and all other amounts owed to Xxxxxx. Xxxxxx, in its sole discretion, may deliver goods in installments, unless otherwise expressly stipulated in this Contract. Such installments, when separately invoiced, shall be paid for when due per invoice without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Purchaser of its obligations to accept remaining deliveries. Purchaser is responsible for all import/export licenses, permits, or authorization.

Appears in 1 contract

Samples: General Terms And

Shipment; Risk of Loss. All shipments of goods are subject to an overrun or shortage of 5% of the quantity specified. Unless otherwise noted, all quoted prices and sales of goods are made FOB point of shipment for North American orders and Ex Works (point of shipment) Incoterms 2010 2000 for international orders. Delivery dates given in advance of actual shipment of goods or performance of services are estimates and shall not be deemed to represent fixed or guaranteed delivery dates. Method and route of shipment will be at the discretion of Xxxxxx unless specified otherwise by Purchaser and agreed by Xxxxxx, and any additional expense of the method or route of shipment specified by Purchaser shall be borne by Purchaser. Purchaser is responsible for all import/export licenses, permits, or authorizations. Claims for shortage or other errors must be made in writing to Xxxxxx within five (5) days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Purchaser. To the extent legal title to the goods shall be deemed to pass to Purchaser at the time of delivery and prior to performance of all of Purchaser's obligations, equitable title shall remain in Xxxxxx until payment in full of the purchase price, and Purchaser shall grant and by acceptance of the goods shall deemed to have granted to Xxxxxx a first security interest in all goods to secure payment of the purchase price and all other amounts owed to Xxxxxx. Xxxxxx, in its sole discretion, may deliver accommodate Purchaser requests for delivery of goods in installments, unless otherwise expressly stipulated installments if such requests are confirmed in this Contractwriting by Xxxxxx. Such installmentsinstallment deliveries, when separately invoiced, shall be paid for when due per invoice without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Purchaser of its obligations to accept remaining deliveries. Purchaser is responsible for all import/export licenses, permits, or authorization.

Appears in 1 contract

Samples: Fenner Precision Standard Terms and Conditions

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Shipment; Risk of Loss. All shipments of goods are subject to an overrun or shortage of 5% of the quantity specified. Unless otherwise noted, all quoted prices and sales of goods are made FOB point of shipment for North American orders and Ex Works (point of shipment) Incoterms 2010 2000 for international orders. Delivery dates given in advance of actual shipment of goods or performance of services are estimates and shall not be deemed to represent fixed or guaranteed delivery dates. Method and route of shipment will be at the discretion of Xxxxxx unless specified otherwise by Purchaser and agreed by Xxxxxx, and any additional expense of the method or route of shipment specified by Purchaser shall be borne by Purchaser. Purchaser is responsible for all import/export licenses, permits, or authorization. Claims for shortage or other errors must be made in writing to Xxxxxx within five (5) days after receipt of shipment. Failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Purchaser. To the extent legal title to the goods shall be deemed to pass to Purchaser at the time of delivery and prior to performance of all of Purchaser's obligations, equitable title shall remain in Xxxxxx until payment in full of the purchase price, and Purchaser shall grant and by acceptance of the goods shall deemed to have granted to Xxxxxx a first security interest in all goods to secure payment of the purchase price and all other amounts owed to Xxxxxx. Xxxxxx, in its sole discretion, may deliver Xxxxxx reserves the right to make delivery of goods in installments, unless otherwise expressly stipulated in this Contractthe agreement for sale. Such installments, when separately invoiced, shall be paid for when due per invoice without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Purchaser of its obligations to accept remaining deliveries. Purchaser is responsible for all import/export licenses, permits, or authorization.

Appears in 1 contract

Samples: www.fennerprecision.com

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