Common use of Shipment; Risk of Loss Clause in Contracts

Shipment; Risk of Loss. Unless otherwise noted, all sales of goods are made FCA (INCOTERMS, 2020) Warehouse, Mandal in Norway. MANDALS will use commercially reasonable efforts to meet delivery dates stated in advance of actual shipment of goods or performance of services, but in no event shall such quoted delivery dates be deemed to represent fixed or guaranteed delivery dates. Claims for shortage or other quantity errors must be made in writing to MANDALS 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. MANDALS, in its sole discretion, may accommodate Purchaser requests for delivery of goods in installments if such requests are confirmed in writing by MANDALS. Such installment 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. Claims for receipt of damaged goods must be notified Mandals upon reception, when applicable according to agreed Incoterms.

Appears in 2 contracts

Samples: Entire Agreement, Entire Agreement

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Shipment; Risk of Loss. Unless otherwise noted, all sales of goods are made FCA (INCOTERMS, 2020) Ex Works Warehouse, Mandal in Norway. MANDALS will use commercially reasonable efforts to meet delivery dates stated in advance of actual shipment of goods or performance of services, but in no event shall such quoted delivery dates be deemed to represent fixed or guaranteed delivery dates. Claims for shortage or other quantity errors must be made in writing to MANDALS 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. MANDALS, in its sole discretion, may accommodate Purchaser requests for delivery of goods in installments if such requests are confirmed in writing by MANDALS. Such installment 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. Claims for receipt of damaged goods must be notified Mandals upon reception, when applicable according to agreed Incoterms.

Appears in 2 contracts

Samples: Entire Agreement, Entire Agreement

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