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

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.

Appears in 5 contracts

Samples: Master Solution Purchase and Services Agreement, Master Solution Purchase and Services Agreement, Master Solution Purchase and Services Agreement

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