Shipments; Title and Risk of Loss Sample Clauses

Shipments; Title and Risk of Loss. Once Distributor establishes third-party logistics services in accordance with the 3PL agreement between the Parties in Reno, NV, there shall be no charge to MDCO for Distributor transferring Products from its 3PL facility to its distribution centers. Title to and risk of loss to each order of Product shipped to Distributor under this Agreement shall pass to Distributor upon receipt of Product at the distribution center.
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Shipments; Title and Risk of Loss. Hedmxx xxxl select the origin of all shipments and all delivery destinations will be subject to Hedmxx'x xxxroval. Hedmxx xxxl also select the carrier for all shipments except those picked up by the Distributor at Hedmxx'x Xxxignated shipping location(s). Hedmxx xxxerves the right to refuse to load Product(s) into Distributor's owned or leased equipment which Hedmxx, xx its sole judgement, 7 determines is unsuitable; however, Hedmxx xxxumes no obligation or responsibility for inspecting such equipment or for insuring its cleanliness prior to loading. The quantity of all bulk, rail, and truck deliveries will be determined by Hedmxx xx outage tables with corrections for temperature, by meter or by weigh master's certificate, as appropriate, and Hedmxx xxxntity determination will govern unless proven in error by more than one-half percent (0.5%) of the billing quantity. A. For packed Product(s), at the point the Product(s) is deposited by Hedmxx or Hedmxx'x xxxnts onto Distributor owned or leased equipment; B. For bulk solids, at the point of discharge of Product(s) from the discharge tube of Hedmxx xx Hedmxx'x xxxnts transfer machine into Distributor's owned or leased equipment. When applicable, Distributor will be granted freight allowance(s) consistent with Hedmxx'x xxxn current freight allowance policy/practice. On shipments arranged by Hedmxx, Xxstributor will promptly unload each delivery at Distributor's own risk and expense (including any detention charges) and according to Hedmxx'x xxxndard practices.
Sample 1
Shipments; Title and Risk of Loss. (a) Unless otherwise agreed, Shipments are made Ex Works (EXW) Beyond’s premises. Unless otherwise agreed to between the parties, title to and risk of loss for products sold will pass to Customer upon delivery to and receipt by carrier. Customer will pay or reimburse Beyond for all freight, preparation, and in-transit insurance costs from the time of delivery. Customer agrees that title to and risk of loss for goods will pass to and remain with Customer, even if Beyond agrees to store the products at a Beyond location until Customer requests delivery. (b) The time, method, place or medium of payment will not in any way limit Beyond 's rights in and to the goods until payment has been received in full. On all orders, Beyond shall retain a security interest in the goods to the extent of any unpaid balance of the purchase price therefor. Customer will execute and deliver to Beyond such instruments as Beyond requests to perfect such security interest. Customer grants Beyond permission to enter onto Customer’s premises (whether locked or otherwise) to repossess such goods. Beyond retains title, for security purposes only, to all goods sold or rented hereunder, until fully paid. (c) Any claims for shortages or damages suffered in transit shall be submitted by Customer directly to the carrier. Shortages or damages must be acknowledged and signed for at the time of delivery. While Beyond will use reasonable commercial efforts to maintain the delivery date(s) quoted by Beyond, all shipping dates are approximate and not guaranteed. Beyond shall not be responsible for non-delivery, nonperformance or delays occasioned by any causes beyond Beyond’s reasonable control, including without limitation, delays of vendors or carriers, fires, strikes, war, floods, acts of God, acts of Customer, weather, sabotage, restrictions, allocations, governmental actions or material shortages. Any delays so occasioned shall effect a corresponding extension of Beyond’s delivery or performance dates which are, in any event, understood to be approximate. Beyond reserves the right to make partial shipments. (d) In the case of a sale or rental of fluids, title and risk of loss of such fluids will transfer to Customer upon: delivery at the well site, delivery to Customer’s carrier, or upon blending, whichever occurs first. Title and risk of loss of rented fluids will transfer back to Beyond upon Beyond’s written acceptance per specification set forth in the applicable order; however, if the sp...
Sample 1
Shipments; Title and Risk of Loss. There shall be no charge to TMC for Distributor transferring Product from its 3PL facility to its distribution centers. Title to and risk of loss to each order of Product shipped to Distributor hereunder shall pass to Distributor upon receipt of Product at the distribution center.
Sample 1
Shipments; Title and Risk of Loss. MFS Supply will arrange for shipment of the products to Customer based on the delivery method selected by Customer in the Agreement to the Customer’s shipping address. Customer will pay all shipping, handling, and delivery charges specified in the Agreement. Shipping, handling, and delivery charges are reimbursement for the costs MFS Supply incurs in the processing, handling, packing, shipping, and delivery of Customer’s order. MFS Supply may use an independent carrier (“Carrier”) to perform delivery. Title and risk of loss passes to Customer upon delivery to the shipping address specified by Customer. Shipping and delivery dates are estimates only and cannot be guaranteed. Customer is responsible for any fees or charges incurred by MFS Supply due to a refused shipment.
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Related to Shipments; Title and Risk of Loss

  • DELIVERY, TITLE AND RISK OF LOSS Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). In any case, delivery and risk of loss is in accordance with INCOTERMS 2010. Title to products shall pass to the Customer upon full payment of the invoice(s). In the absence of specific instructions, goods will be shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of goods.

  • Title and Risk of Loss Notwithstanding the form of shipment, title or other property interest, risk of loss shall not pass from the Contractor to the Authorized User until the Products have been received, inspected and accepted by the receiving entity. Acceptance shall occur within a reasonable time or in accordance with such other defined acceptance period as may be specified in the Bid Specifications or Purchase Order. Mere acknowledgment by Authorized User personnel of the delivery or receipt of goods (e.g., signed xxxx of lading) shall not be deemed or construed as acceptance of the Products received. Any delivery of Product that is substandard or does not comply with the Bid Specifications or Contract terms and conditions, may be rejected or accepted on an adjusted price basis, as determined by the Commissioner.

  • Delivery; Risk of Loss Deliveries must be made both in quantities and at times specified on the face of the Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. ▪ Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on the Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made after or before the specified delivery date. Seller will bear all costs and damages incurred by Buyer due to late or early delivery. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in the Purchase Order, all goods are sold DAP. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.

  • Delivery and Risk of Loss Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.

  • Title; Risk of Loss Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables.

  • Risk of Loss Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering xxxxxxx’x xxxx of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x xxxx of lading and damage inspection report.

  • Title and Risk 8.1 Title in the Goods passes to the Purchaser on payment by the Purchaser of the Price in full. Where the Purchaser has not paid the Company the Price in full and risk has transferred, the Purchaser agrees to hold the Goods as a fiduciary for the Company. 8.2 Notwithstanding clause 8.1 above, risk in the Goods passes to the Purchaser from the first occurrence of: (a) the passing of title in the Goods to the Purchaser; (b) the physical delivery of the Goods to the Purchaser; (c) the time when the Goods have been dispatched from the premises of the Company or another location nominated by the Company, or placed on a carrier which is to effect delivery of the Goods from the Company or another location nominated by the Company to the Purchaser, where the carrier has been nominated, arranged or retained by the Purchaser; or (d) the time when the Goods arrive at the premises of the Purchaser (prior to being taken off the carrier) where the carrier which is to effect delivery of the Goods from the Company or another location nominated by the Company to the Purchaser has been nominated, arranged or retained by the Company; or (e) if Goods are stored by the Company on behalf of the Purchaser in accordance with Clause 9. 8.3 The Company is not liable for any loss or damage or deterioration of the Goods after risk in the Goods has passed to the Purchaser. 8.4 In addition to any other rights the Company may have against the Purchaser, the Company may repossess the Goods if any amount due in respect of the Goods is outstanding or if the Company reasonably believes that any such amount will not be paid in full when it falls due for payment. The Purchaser grants the Company an irrevocable licence to enter upon any premises of the Purchaser for the purpose of taking possession of the Goods in accordance with this clause. 8.5 The Purchaser may sell and deliver the Goods as the Company's fiduciary to a third party in the ordinary course of the Purchaser's business provided that: (a) where the Purchaser is paid by the third party for the Goods, the Purchaser shall account to the Company in respect of the payment in accordance with the Purchaser's fiduciary obligations; and (b) where the Purchaser is not paid by the third party the Purchaser agrees to assign to the Company its claim against the third party upon receiving the Company's written request to that effect. 8.6 For the purposes of clause 8.4 and clause 8.5, where the Company supplies particular Goods of the same or similar nature on multiple occasions, where the Purchaser does not make payment in respect of particular Goods, the non-payment is treated as being first in respect of particular Goods of the same or similar nature still in the possession of the Purchaser, and then against particular Goods which have passed out of the possession of the Purchaser.

  • Insurance and Risk of Loss Debtors shall at all times bear all risk of loss, damage to or destruction of the Collateral. Debtors agree to procure forthwith and maintain insurance on the Inventory, for the full insurable value thereof and for the life of this Agreement, in the form of Fire Insurance with Extended Coverage or Combined Additional Coverage, as appropriate, and Collision, Theft and/or Vandalism and Malicious Mischief Coverage when appropriate, plus such other insurance as Secured Party may specify from time to time, all in form and amount and with insurers satisfactory to Secured Party. Debtors agree to deliver promptly to Secured Party certificates, or if requested, policies of insurance satisfactory to Secured Party, each with a standard long-form loss-payable endorsement naming Secured Party or assigns as loss-payee as their interests may appear. Each policy shall provide that Secured Party’s interest therein will not be invalidated by the acts, omissions or neglect of anyone other than Secured Party, and will contain insurer’s agreement to give 30 days prior written notice to Secured Party before the cancellation of or any material change in the policy will be effective as to Secured Party, whether such cancellation or change is at the direction of Debtors or insurer. Secured Party’s acceptance of policies in lesser amounts or risks will not be a waiver of a Debtor’s foregoing obligation. Debtors assign to Secured Party all proceeds of such insurance, including returned and unearned premiums, not to exceed the sum of all amounts payable pursuant hereto. Debtors direct all insurers to pay such proceeds directly to Secured Party.

  • Xxxxxx Title President

  • Ownership and Risk of Loss You will own the Device and bear all risk of loss of, theft of, casualty to or damage to the Device, from the time it is shipped to you until the time (if any) when it is returned to us in accordance with this Agreement.

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