Common use of Shipping; Risk of Loss Clause in Contracts

Shipping; Risk of Loss. Unless otherwise agreed in signed writing by Seller, for any Goods which shall be drop shipped from the manufacturer’s facility, Seller will deliver the Goods EX WORKS (Incoterms 2020)-Manufacturer’s facility. For any Goods which shall be shipped directly from Seller’s warehouse or the warehouse of any of Seller’s affiliates, Seller will deliver the Goods EX WORKS (Incoterms 2020)-Warehouse. Title and risk of loss to the Goods will pass to Purchaser when the Goods are placed in the possession of the commercial carrier; provided, however, Seller shall retain a purchase-money security interest in the Goods as security until payment in full is received. Seller assumes no liability for any loss or damage to Goods during shipment or transportation regardless of whether Purchaser or Seller contracts with the commercial carrier for the transportation of the Goods. Purchaser must inspect shipments before shipment or during unloading to identify any such loss or damage and promptly report such loss or damage, and in no case shall Purchaser exceed any limits set for such reporting by the carrier or any applicable ordinances, rules, regulations, or laws. Any claims for lost or damaged Goods by Purchaser must be made to the applicable third-party carriers or freight forwarders, as applicable; provided, however, if Seller has agreed in writing to arrange for the transportation, then Seller will provide Purchaser commercially reasonable assistance in the submission of the claim. Seller may, at its option, deliver all Goods in one lot or several lots from time to time, as long as such delivery are within the time frame set forth in the Order or this Agreement, as the case may be. To the extent delivery is in several lots, Xxxxxxxxx agrees that the amounts due for the Goods shall be apportioned based on actual delivery. Unless agreed in writing by Seller, Purchaser or its designated agent: (i) will be the importer and exporter of record on all cross-border transfers, returns, and others shipments of Goods for drop ship delivery to Purchaser’s designated location,

Shipping; Risk of Loss. Unless otherwise agreed Xxxxx agrees that Seller shall not be held liable for damages of any kind or nature whatsoever, including, without limitation, direct or indirect, incidental or consequential damages, resulting from any delays in shipment to Buyer, unless the measure of damage is covered by special written agreement signed writing by SellerSeller and Buyer. Any shortages or damages in shipments of goods, for caused by any Goods which shall freight carrier will not be drop shipped from the manufacturer’s facility, Seller will deliver the Goods EX WORKS (Incoterms 2020)-Manufacturer’s facility. For any Goods which shall be shipped directly from Seller’s warehouse or responsibility. Buyer shall make any such claim directly against the warehouse of any of Seller’s affiliates, Seller will deliver the Goods EX WORKS (Incoterms 2020)-Warehousecarrier. Title and risk of loss to the Goods will pass to Purchaser when the Goods are placed in the possession of the commercial carrier; providedBuyer shall, however, notify Seller shall retain a purchase-money security interest in the Goods as security until payment in full is receivedwithin two (2) business days of receiving goods, of any alleged damage or shortage, so that Seller can provide reasonable cooperation to Buyer, without expense to Seller. Seller Buyer assumes no liability for any all risk of loss or damage to Goods any of Buyer’s reused goods and components, which fail or are damaged during shipment any tests made by Seller, or transportation regardless requested by Xxxxx. Buyer also assumes all risk of whether Purchaser or Seller contracts with the commercial carrier for the transportation of the Goods. Purchaser must inspect shipments before shipment or during unloading to identify any such loss or damage and promptly report such loss to any goods, property or damagepersons, arising directly or indirectly from Buyer’s operation of serviced goods beyond their operating specifications. Any additional goods or services, and in no case any damages to Seller resulting directly or indirectly from such failure, damage or operation beyond specifications, shall Purchaser exceed any limits set for such reporting by the carrier or any applicable ordinancesbe ay Buyer’s sole expense, rules, regulations, or laws. Any claims for lost or damaged Goods by Purchaser must and shall be made added to the applicable third-party carriers or freight forwardersprice of the services. All test values and operating specifications shall be established by Seller, as applicable; providedin its reasonable but sole discretion, however, if Seller has unless otherwise agreed in writing to arrange for the transportation, then Seller will provide Purchaser commercially reasonable assistance in the submission of the claim. Seller may, at its option, deliver all Goods in one lot or several lots from time to time, as long as such delivery are within the time frame set forth in the Order or this Agreement, as the case may be. To the extent delivery is in several lots, Xxxxxxxxx agrees that the amounts due for the Goods shall be apportioned based on actual delivery. Unless agreed in writing by between Xxxxx and Seller, Purchaser or its designated agent: (i) will be the importer and exporter of record on all cross-border transfers, returns, and others shipments of Goods for drop ship delivery to Purchaser’s designated location,.

Shipping; Risk of Loss. Unless otherwise agreed in signed writing by Seller, for any Goods which Seller shall be drop shipped from the manufacturer’s facility, Seller will deliver the Goods EX WORKS ship goods to Buyer FOB point of origin. Any shipping dates quoted are based and conditioned on: (Incoterms 2020)-Manufacturer’s facility. For any Goods which shall be shipped directly from 1) Seller’s warehouse best, good faith estimates, (2) prompt receipt of all necessary information, including, but not limited to, approved engineering submittals, written production release approval, deposits, goods, progress payments and other reasonable requirements from Buyer and third parties, and (3) absence of delays or the warehouse other causes beyond Seller’s reasonable control. Xxxxx agrees that Seller shall net be held liable for damages of any kind or nature whatsoever, including, without limitation, direct or indirect, incidental or consequential damages, resulting from any delays in shipment to Buyer, unless the measure of damage is covered by special written agreement signed by Seller and Buyer. Any shortages or damages in shipments of goods, caused by any freight carrier will not be Seller’s affiliates, Seller will deliver responsibility. Buyer shall make any such claim directly against the Goods EX WORKS (Incoterms 2020)-Warehousecarrier. Title and risk of loss to the Goods will pass to Purchaser when the Goods are placed in the possession of the commercial carrier; providedBuyer shall, however, notify Seller shall retain a purchasewithin forty-money security interest in the Goods as security until payment in full is receivedeight (48) hours of receiving goods, of any alleged damage or shortage, so that Seller can provide reasonable cooperation to Buyer, without expense to Seller. Seller Buyer assumes no liability for any all risk of loss or damage to Goods any of Buyer’s reused goods and components, which fail or are damaged during shipment any tests made by Seller, or transportation regardless requested by Xxxxx. Buyer also assumes all risk of whether Purchaser or Seller contracts with the commercial carrier for the transportation of the Goods. Purchaser must inspect shipments before shipment or during unloading to identify any such loss or damage and promptly report such loss to any goods, property or damagepersons, arising directly or indirectly from Buyer’s operation of serviced goods beyond their operating specifications. Any additional goods or services, and in no case any damages to Seller resulting directly or indirectly from such failure, damage or operation beyond specifications, shall Purchaser exceed any limits set for such reporting by the carrier or any applicable ordinancesbe ay Buyer’s sole expense, rules, regulations, or laws. Any claims for lost or damaged Goods by Purchaser must and shall be made added to the applicable third-party carriers or freight forwardersprice of the services. All test values and operating specifications shall be established by Seller, as applicable; providedin its reasonable, howeverbut sole discretion, if Seller has unless otherwise agreed in writing to arrange for the transportation, then Seller will provide Purchaser commercially reasonable assistance in the submission of the claim. Seller may, at its option, deliver all Goods in one lot or several lots from time to time, as long as such delivery are within the time frame set forth in the Order or this Agreement, as the case may be. To the extent delivery is in several lots, Xxxxxxxxx agrees that the amounts due for the Goods shall be apportioned based on actual delivery. Unless agreed in writing by between Xxxxx and Seller, Purchaser or its designated agent: (i) will be the importer and exporter of record on all cross-border transfers, returns, and others shipments of Goods for drop ship delivery to Purchaser’s designated location,.

Shipping; Risk of Loss. Unless otherwise agreed in signed writing by Seller shall ship goods to Buyer FOB to the address provided to Seller, for any Goods which shall be drop shipped from the manufacturer’s facility, Seller will deliver the Goods EX WORKS . Any shipping dates quoted are based and conditioned on: (Incoterms 2020)-Manufacturer’s facility. For any Goods which shall be shipped directly from 1) Seller’s warehouse best, good faith estimates, (2) prompt receipt of all necessary information, including, but not limited to, approved engineering submittals, written production release approval, deposits, goods, progress payments and other reasonable requirements from Buyer and third parties, and (3) absence of delays or the warehouse other causes beyond Seller’s reasonable control. Buyer agrees that Seller shall net be held liable for damages of any kind or nature whatsoever, including, without limitation, direct or indirect, incidental or consequential damages, resulting from any delays in shipment to Buyer, unless the measure of damage is covered by special written agreement signed by Seller and Buyer. Any shortages or damages in shipments of goods, caused by any freight carrier will not be Seller’s affiliates, Seller will deliver responsibility. Buyer shall make any such claim directly against the Goods EX WORKS (Incoterms 2020)-Warehousecarrier. Title and risk of loss to the Goods will pass to Purchaser when the Goods are placed in the possession of the commercial carrier; providedBuyer shall, however, notify Seller shall retain a purchasewithin forty-money security interest in the Goods as security until payment in full is receivedeight (48) hours of receiving goods, of any alleged damage or shortage, so that Seller can provide reasonable cooperation to Buyer, without expense to Seller. Seller Buyer assumes no liability for any all risk of loss or damage to Goods any of Buyer’s reused goods and components, which fail or are damaged during shipment any tests made by Seller, or transportation regardless requested by Buyer. Buyer also assumes all risk of whether Purchaser or Seller contracts with the commercial carrier for the transportation of the Goods. Purchaser must inspect shipments before shipment or during unloading to identify any such loss or damage and promptly report such loss to any goods, property or damagepersons, arising directly or indirectly from Buyer’s operation of serviced goods beyond their operating specifications. Any additional goods or services, and in no case any damages to Seller resulting directly or indirectly from such failure, damage or operation beyond specifications, shall Purchaser exceed any limits set for such reporting by the carrier or any applicable ordinancesbe ay Buyer’s sole expense, rules, regulations, or laws. Any claims for lost or damaged Goods by Purchaser must and shall be made added to the applicable third-party carriers or freight forwardersprice of the services. All test values and operating specifications shall be established by Seller, as applicable; providedin its reasonable, howeverbut sole discretion, if Seller has unless otherwise agreed in writing to arrange for the transportation, then Seller will provide Purchaser commercially reasonable assistance in the submission of the claim. Seller may, at its option, deliver all Goods in one lot or several lots from time to time, as long as such delivery are within the time frame set forth in the Order or this Agreement, as the case may be. To the extent delivery is in several lots, Xxxxxxxxx agrees that the amounts due for the Goods shall be apportioned based on actual delivery. Unless agreed in writing by between Buyer and Seller, Purchaser or its designated agent: (i) will be the importer and exporter of record on all cross-border transfers, returns, and others shipments of Goods for drop ship delivery to Purchaser’s designated location,.