Common use of Shipping Fixtures Clause in Contracts

Shipping Fixtures. If required, the Seller shall lend to the Buyer, at no cost to the Buyer, shipping fixtures for the Buyer’s use only in connection with the installation of the Equipment. The Seller shall supply the shipping fixtures to the Site at the same time the relevant Equipment for each Unit is delivered. The Seller is not obligated to supply any specific type, brand, make or model of shipping fixture. Upon the Seller’s delivery of any shipping fixtures, the Buyer shall inspect such shipping fixtures to confirm that they are in good condition and working order. The Buyer acknowledges and agrees that all of the shipping fixtures provided by the Seller pursuant to this Section 7.4 are owned by the Seller. The Buyer shall have the right to use a maximum of forty-five (45) such shipping fixtures (total for all Sites) for an unlimited amount of time after actual Shipment. If the Seller is requested to provide such additional shipping fixtures for the Buyer’s use, the Buyer shall have the right to keep such additional shipping fixtures for a period of 30 days after actual Shipment. The Buyer must then make available for pickup by the Seller the actual number of shipping fixtures (exceeding forty-five (45)) in the Buyer’s possession which were provided pursuant to this Section 7.4 (provided that up to one hundred eighty (180) sets of root and tip stands have been provided by the Seller in order to store blades once the shipping fixtures have been removed). The Buyer shall notify the Seller in writing that the shipping fixtures are ready for pickup, and the Seller shall provide for transportation. If the Buyer fails to make such shipping fixtures available for pickup within 30 days after actual Shipment, the Buyer shall pay to the Seller $1000/day/fixture until such shipping fixtures are made available for pickup. The Buyer shall pack such shipping fixtures in containers and load them onto transport vehicles provided by the Seller. The Buyer shall have the right to keep the root and tip stands for a period of up to 120 days after receipt. The Buyer must then either (a) make the root and tip stands available for pickup by the Seller and load them onto transport vehicles provided by the Seller or (b) purchase the root and tip stands from the Seller. If any of such additional shipping fixtures or root and tip stands are damaged or destroyed during the period in which the Buyer possesses them pursuant to this Contract, then the Buyer shall repair or replace such damaged or destroyed shipping fixtures at the Buyer’s expense. The Buyer also understands and agrees that the Seller will not be liable for any reason, including but not limited to, the supply, misuse or failure of such shipping fixtures, and will not have any right or claim against the Seller for injury, death or damages to the Buyer’s personnel or property, or those of a third party, which may be caused by the use, misuse, or failure of such shipping fixtures, except when such liability is caused by, or such right or claim arises out of, any actions or omissions of the Seller.

Shipping Fixtures. The Buyer agrees to purchase forty-five (45) double bladed shipping fixtures from the Seller for the installation of the Units. If required, the Seller shall lend to the Buyer, at no cost to the Buyer, additional shipping fixtures for the Buyer’s use only in connection with the installation of the Equipment. The Seller shall supply the shipping fixtures to the Site at the same time the relevant Equipment for each Unit is delivered. The Seller is not obligated to supply any specific type, brand, make or model of shipping fixture. However, in the case of the forty-five (45) shipping fixtures purchased by the Buyer for installation of the Units the shipping fixture type only must be double-bladed. Upon the Seller’s delivery of any shipping fixtures, the Buyer shall inspect such shipping fixtures to confirm that they are in good condition and working order. The Buyer acknowledges and agrees that the final forty-five (45) double bladed shipping fixtures which arrive at the last Site to be commissioned using the Units are owned by the Buyer and title and risk of loss of the purchased shipping fixtures shall pass to the Buyer at that time. The Buyer acknowledges and agrees that all of the additional shipping fixtures provided by the Seller pursuant to this Section 7.4 are owned by the Seller. The Buyer shall have the right to use a maximum of forty-five (45) such shipping fixtures (total for all Sites) for an unlimited amount of time after actual Shipment. If the Seller is requested to provide such additional shipping fixtures for the Buyer’s use, the Buyer shall have the right to keep such the additional shipping fixtures for a period of 30 days after actual Shipment. The Buyer must then make available for pickup by the Seller the actual number of shipping fixtures (exceeding in the Buyer’s possession which total more than forty-five (45)) in the Buyer’s possession which were provided pursuant to this Section 7.4 (provided that up to one hundred eighty (180) sets of root and tip stands have been provided by the Seller in order to store blades once the shipping fixtures have been removed). The Buyer shall notify the Seller in writing that the shipping fixtures are ready for pickup, and the Seller shall provide for transportation. If the Buyer fails to make such shipping fixtures available for pickup within 30 days after actual Shipment, the Buyer shall pay to the Seller $1000/day/fixture until such shipping fixtures they are made available for pickupreturned. The Buyer shall pack such shipping fixtures in containers containers, notify the Seller that they are ready for pickup, and load them onto transport vehicles provided by the Seller. The Buyer shall have the right to keep the root and tip stands for a period of up to 120 days after receipt. The Buyer must then either (a) make the root and tip stands available for pickup by the Seller and load them onto transport vehicles provided by the Seller or (b) purchase the root and tip stands from the Seller. If any of such additional the shipping fixtures or root and tip stands are damaged or destroyed during the period in which the Buyer possesses them pursuant to this Contract, then the Buyer shall repair or replace such damaged or destroyed shipping fixtures at the Buyer’s expenseexpense until the final forty-five (45) double bladed shipping fixtures arrive at the last Site to be commissioned using the Units. The Buyer also understands and agrees that the Seller will not be liable for any reason, including but not limited to, the supply, misuse or failure of such shipping fixtures, and will not have any right or claim against the Seller for injury, death or damages to the Buyer’s personnel or property, or those of a third party, which may be caused by the use, misuse, or failure of such shipping fixtures, except when such liability is caused by, or such right or claim arises out of, any actions or omissions of the Seller.

Shipping Fixtures. If required, the Seller shall lend to the Buyer, at no cost to the Buyer, shipping fixtures for the Buyer’s use only in connection with the installation of the Equipment. The Seller shall supply the shipping fixtures to the Site at the same time the relevant Equipment for each Unit is delivered. The Seller is not obligated to supply any specific type, brand, make or model of shipping fixture. Upon the Seller’s delivery of any shipping fixtures, the Buyer shall inspect such shipping fixtures to confirm that they are in good condition and working order. The Buyer acknowledges and agrees that all of the shipping fixtures provided by the Seller pursuant to this Section 7.4 are owned by the Seller. The Buyer shall have the right to use a maximum of forty-five (45) such shipping fixtures (total for all Sites) for an unlimited amount of time after actual Shipment. If the Seller is requested to provide such additional shipping fixtures for the Buyer’s use, the Buyer shall have the right to keep such the additional shipping fixtures for a period of 30 days after actual Shipment. The Buyer must then make available for pickup by the Seller the actual number of shipping fixtures (exceeding in the Buyer’s possession which total more than forty-five (45)) in the Buyer’s possession which were provided pursuant to this Section 7.4 (provided that up to one hundred eighty (180) sets of root and tip stands have been provided by the Seller in order to store blades once the shipping fixtures have been removed). The Buyer shall notify the Seller in writing that the shipping fixtures are ready for pickup, and the Seller shall provide for transportation. If the Buyer fails to make such shipping fixtures available for pickup within 30 days after actual Shipment, the Buyer shall pay to the Seller $1000/day/fixture until such shipping fixtures they are made available for pickupreturned. The Buyer shall pack such shipping fixtures in containers containers, notify the Seller that they are ready for pickup, and load them onto transport vehicles provided by the Seller. The Buyer shall have the right to keep the root and tip stands for a period of up to 120 days after receipt. The Buyer must then either (a) make the root and tip stands available for pickup by the Seller and load them onto transport vehicles provided by the Seller or (b) purchase the root and tip stands from the Seller. If any of such additional the shipping fixtures or root and tip stands are damaged or destroyed during the period in which the Buyer possesses them pursuant to this Contract, then the Buyer shall repair or replace such damaged or destroyed shipping fixtures at the Buyer’s expense. The Buyer also understands and agrees that the Seller will not be liable for any reason, including but not limited to, the supply, misuse or failure of such shipping fixtures, and will not have any right or claim against the Seller for injury, death or damages to the Buyer’s personnel or property, or those of a third party, which may be caused by the use, misuse, or failure of such shipping fixtures, except when such liability is caused by, or such right or claim arises out of, any actions or omissions of the Seller.