Shipment, Title and Risk of Loss. Swisslog shall deliver the Hardware FOB destination. Swisslog agrees to pay all freight, packing and other administrative and transportation charges related to said delivery. Swisslog shall make all arrangements for shipping, including making partial shipments, if required. Upon delivery, Customer shall provide clean, safe and temperature controlled area for receiving said shipment. Swisslog shall select, at its discretion, the types and amount of crating. All shipments hereunder will be made to Customer at Customer’s address, as made known to Swisslog. The liability of the Hardware passes to Customer once the shipment is received at Customer’s address. Title to Hardware will pass to Customer upon receipt of final payment to Swisslog.
Shipment, Title and Risk of Loss. For each piece of Equipment or other Solution hardware component, Contractor shall pass title and ownership of such Solution component to State upon State’s payment in full for such Solution component. Upon State’s payment in full for each Solution, Contractor will deliver a xxxx of sale for each Solution component to State, as applicable. Contractor guarantees that State shall acquire good and clear title to the Equipment and other Solution hardware components being purchased hereunder, free and clear of all liens and encumbrances. Contractor shall arrange for shipment, at Contractor’s expense, of Equipment by a mutually acceptable common carrier F.O.B. to the applicable State Site, or other delivery location specified in the Solution Order, at a mutually agreeable time. Risk of loss for such Equipment shall pass to State upon proper delivery at the designated destination. There shall be no additional charge to State for shipping, delivery or insurance beyond the prices set forth in the Solution Order. In the event of damage to any Equipment or hardware during transit or if Contractor or its designee delivers Equipment or hardware that does not pass Acceptance Testing, then Contractor will replace such Equipment or hardware at Contractor’s expense, including covering all shipping costs associated with returning such items to Contractor.
Shipment, Title and Risk of Loss. 5.1 Risk of loss and damage to Products shall pass to Company upon delivery to the loading dock at the Installation Site or other delivery location specified by Company in an Order. Company shall keep such Products fully insured for the total amount then due Nortel for such Products. Company shall pay transportation charges, including insurance, associated with the shipment of Products, however if the parties agree, Nortel shall prepay transportation charges, and insurance for delivery of Products to the Installation Site, or other designated receiving point as specified in an Order. The charges therefore shall be invoiced by Nortel and paid by Company to Nortel in accordance with Article 4 above.
5.2 Good title to Hardware furnished hereunder, free and clear of all liens and encumbrances, shall vest in Company upon full payment to Nortel of the total amount payable by Company for such Hardware and any related Licensed Software or Services ("Total Fee") furnished by Nortel in connection with such Hardware. Prior to payment for such Product, Company shall not sell or lease the Hardware, or allow any liens or encumbrances to attach to the Hardware or Licensed Software, or remove the Hardware or Licensed Software from the Installation Site without the prior written consent of Nortel, such consent not to be unreasonably withheld.
5.3 If Company notifies Nortel prior to a Shipment Date that Company does not wish to receive such Products on the Shipment Date, or the Installation Site or other delivery location is not prepared in sufficient time for Nortel to make delivery in accordance with such date, or Company fails to take delivery of any portion of such Products, Nortel may place the applicable Products in storage. In that event, Company shall be liable for all additional costs thereby incurred by Nortel. Delivery by Nortel of any Products to a storage location as provided above shall be deemed to constitute delivery of the Products to Company for purposes of this Agreement, including, without limitation, provisions for payment, invoicing, passage of risk of loss, and commencement of the warranty period.
5.4 Company grants to Nortel and/or its agents a purchase money security interest in the Hardware and its proceeds or such other similar protection as may be available in the applicable jurisdiction. Until the Total Fee has been paid to Nortel, Company shall cooperate with Nortel in preserving and perfecting Nortel's purchase money security interest in the P...
Shipment, Title and Risk of Loss. All Product sold hereunder shall be delivered to WATCHGUARD Ex Works (Incoterms 1990) SMART's manufacturing facility. In the absence of written instructions from WATCHGUARD, SMART shall select the common carrier but shall not thereby assume any liability in connection with the shipment of Product, nor shall the common carrier be construed to be the agent of SMART. Title of the Product shall pass from SMART to WATCHGUARD when the Product is made available by SMART to the common carrier or to WATCHGUARD if the Product is to be picked up by WATCHGUARD, and as of and after that time, WATCHGUARD shall bear any and all risk of loss of or damage to the Product.
Shipment, Title and Risk of Loss. Unless otherwise specified in this Agreement: (i) Hardware and Supplies will be shipped at Entrust’s sole discretion either EXW Entrust’s dock or FCA Entrust’s dock (“INCOTERMS 2020”): (ii) Customer is responsible for obtaining all insurance needed and for all shipping charges; (iii) Hardware and Supplies are deemed to be accepted by the Customer upon delivery in accordance with the INCOTERMS 2020 stated above; and (v) Customer is responsible for installation of the Hardware and Supplies. Legal title and risk of loss of or damage to the Hardware and Supplies pass from Entrust to Customer upon delivery to the shipping carrier in accordance with the applicable INCOTERMS 2020.
Shipment, Title and Risk of Loss. Seller will ship and deliver the Products in accordance with the trade term FCA, shipping point (Incoterms 2010). Title and risk of loss to Products transfers to Buyer upon delivery of the Products to the carrier at the shipping point.
Shipment, Title and Risk of Loss. 6.11.1 For “Direct Ship Products”, such Product shall be shipped [***],[***][***]of manufacture. Title to and risk of loss for such Products shipped directly to McDATA’s Customer shall pass to McDATA upon [***]. SUPPLIER agrees to ship Products, per the blanket purchase order, [***] ([***])[***][***]after receipt of a Purchase Order Release, provided SUPPLIER receives such release no later than 12: 00 noon SUPPLIER manufacturing facility time.
6.11.2 For “Non-direct Ship Products”, such Product shall be shipped [***]:,[***][***], SUPPLIER plant of manufacture. Title to and risk of loss for such Products shall pass to McDATA upon [***]. SUPPLIER agrees to ship Products, per the blanket purchase order, [***] ([***])[***][***]after receipt of a Purchase Order Release, provided SUPPLIER receives such release no later than 12: 00 noon SUPPLIER manufacturing facility time.
Shipment, Title and Risk of Loss. Tanium may use a third-party supplier for shipment and/or provision of the Hardware. The Hardware will be shipped to Customer F.O.B. Origin. Title to Hardware passes to Customer upon shipment. Any shipping and delivery dates provided by Tanium are estimates only. Customer will notify Tanium in writing within seven (7) days of receiving the Hardware if Customer believes any part of the order is missing, wrong, or damaged.
Shipment, Title and Risk of Loss. Unless the delivery terms of any given contract expressly provide for different shipping terms, shipping/delivery will be FCA Seller’s point of shipment, either Germany or Atlanta, USA as spelled out in each quotation, with title to the goods and risk of loss or damage passing to Buyer at that point. Buyer will be responsible for shipment during transit and for filing any damage or loss claims directly with the carrier. Seller may make partial shipments.
Shipment, Title and Risk of Loss. 5.1 Prior to the Ship Date, Company shall have the right to reschedule any pending Orders; provided that (i) a minimum period of notice prior to such Ship Date is given to Nortel Networks by Company in accordance with the applicable Product Annex; and (ii) the new Ship Date is within ninety (90) days of the original Ship Date. However, each Order may only be rescheduled once. Company shall reimburse Nortel Networks for any storage fees, insurance and demurrage costs incurred with respect to such rescheduled Orders.
5.2.1 All Products for delivery within the European Union shall be delivered in accordance with D.D.P., European Union site terms and for other European countries in accordance with CIP specified port/airport of entry. All Products for delivery within Australia or Japan shall be priced and delivered in accordance with D.D.P., Australian or Japanese site terms, as applicable. All Products for delivery within New Zealand shall be priced and delivered in accordance with D.D.U., New Zealand site terms, as applicable. Products to be delivered in all other countries not specifically mentioned in this Section 5.2 shall be delivered in accordance with Ex Works, Nortel Networks' applicable facility, and risk of loss and damage to Products shall be as provided therein. Company shall keep such Products fully insured for the total amount then due Nortel Networks for such Products.
5.2.2 Risk of loss and damage to Products for delivery in the United States and Canada shall pass to Company upon delivery to the loading dock at the Installation Site or other delivery location specified by Company in an Order. Company shall keep such Products fully insured for the total amount then due Nortel Networks for such Products. Company shall pay transportation charges, including insurance, associated with the shipment of Products; provided however, that if the parties agree, Nortel Networks shall prepay transportation charges, and insurance for delivery of Products to the Installation Site or other delivery location or other designated receiving point as specified in an Order. The charges therefor shall be invoiced by Nortel Networks and paid by Company to Nortel Networks in accordance with Article 4 above.
