SHIPPING; TITLE; RISK OF LOSS a. Subject to Section 3, Seller shall ship in accordance with Seller's standard shipping practices all Products to Customer's designated representative at the designated delivery destination on or before the delivery date(s) specified in a Purchase Order. [***]
b. Seller shall arrange, on behalf of Customer the following items: [***] Customer shall reimburse Seller at cost for [***] Seller shall separately invoice Customer for such charges in accordance with Section 6 herein.
c. Products shall be packed by Seller in containers adequate to prevent damage during reasonable shipping, handling and storage. Customer shall be responsible for payment of any warehousing. or storage charges for the Products following delivery of the Products to Customer, except as noted in paragraph 4(a), above.
d. Title to and risk of loss or damage to Products sold by Seller to Customer hereunder shall pass to Customer upon delivery to Customer's representative at the delivery destination specified on the Purchase Order. Title to Software shall remain with Seller in all cases pursuant to the terms of the Software License attached as Exhibit D hereto. [***] CONFIDENTIAL TREATMENT REQUESTED. OMITTED PORTIONS FILED SEPARATELY WITH THE SECURITIES AND EXCHANGE COMMISSION.
SHIPPING; TITLE; RISK OF LOSS. Unless otherwise agreed upon in writing, all BioNano Components shall be delivered ExWorks (Incoterms 2010) at BioNano’s shipping address and title and risk of loss shall transfer to Xxxxx upon delivery at such address. For clarity, BioNano will be solely responsible for all formalities with the U.S. government to ensure the delivery, including but not limited to handling all filings related to export and Customs clearance.
SHIPPING; TITLE; RISK OF LOSS. Unless otherwise specified in writing by Gulf Coast, (a) Products will be delivered to Customer's location/destination ("Destination") specified on the last Ticket issued by Gulf Coast to Customer at the time of shipping, FOB Destination, at Customer's expense; and (b) title and risk of loss to the Products shall transfer when the Products are delivered to the Destination. For the avoidance of doubt, any handling of the Products after transfer of risk of loss shall be at Customer's sole risk and Gulf Coast shall not be liable for any damage to or loss of the Products after transfer of risk of loss. Customer represents and warrants to Gulf Coast that Customer has the right to permit the necessary access to make delivery of the Products to the Destination and hereby grants to Gulf Coast and its agents, contractors and representatives a license for such purpose. Gulf Coast shall retain a Uniform Commercial Code purchase money security interest in the Products pursuant to applicable law until final payment is received. Dates of shipments are estimated and not guaranteed.
SHIPPING; TITLE; RISK OF LOSS. 31.1 Unless otherwise agreed and specifically set out by Company on the face of this Order, Supplier shall deliver the material DAP (lncoterms 2020) to the destination designated by Company on the Order by the specified delivery date. TIME IS OF THE ESSENCE. Title and risk of loss to material purchased by Company under this Order shall vest in Company when the material has been delivered according to the freight terms. If additional services arc to be perforn1ed after delivery. Supplier shall retain risk of loss until such services have been performed.
31.2 Supplier shall: (a) ship the material covered by this Order complete unless instructed otherwise; (b) ship to the destination designated in the Order; (c) ship according to routing instructions given by Company where delivery is other than DAP;
SHIPPING; TITLE; RISK OF LOSS. FOR PACKAGING AND PAPERBOARD ONLY:
B. Seller’s plant apply. For export sales, shipping terms (INCOTERMS® 2000) as agreed to between Buyer and Seller shall apply, if terms are not specifically agreed, standard international shipping terms are FCA Seller’s plant (INCOTERMS® 2000) with title transferring at origin. FOR PAPER ONLY:
SHIPPING; TITLE; RISK OF LOSS. LightRiver will use reasonable efforts to ship Products under an Order in a timely manner to meet Customer’s requested delivery date set forth in the Order. LightRiver is not liable for any loss, expense or damage incurred by Customer as a result of LightRiver’s failure to meet such date. All shipments of Products shall be made F.O.B. LightRiver’s warehouse facility (or FOB supplier point of origin in the case of drop shipments from LightRiver’s suppliers), with freight, delivery, insurance and handling charges (collectively, “Transportation Charges”) included as a line item in the Product invoice, or if not yet available, in a subsequent invoice. Unless otherwise specified in an Order, LightRiver will ship by a reliable contract carrier of its own selection. Title to the Products (other than Software for which no title passes) and risk of loss pass to Customer when the Product is placed with the carrier. All Product Orders will be shipped to a US Customer destination only and all Services will be performed at a US Customer facility only. To the extent that LightRiver agrees to ship Products or perform Services outside of the US, Customer will be the importer of record for all items shipped. LightRiver has the right to make partial shipments of Product Orders.
SHIPPING; TITLE; RISK OF LOSS. Purchased Hardware will be shipped to the Client upon receipt of full payment. Purchased Hardware may be drop shipped from the manufacturer or supplier in original packaging or shipped from ZIP to the Client if Purchased Hardware is to be pre-provisioned by ZIP. In the case of the latter, ZIP will re-package according to its normal procedures and reasonable commercial practice. Client shall pay all associated shipping, insurance and handling charges. Risk of loss, damage or destruction to the Purchased Hardware, and title thereto, shall pass to Client once the goods are received by the Client. ZIP reserves the right to cancel shipments expected to be delayed by more than sixty (60) days beyond the expected shipping date and may in its sole discretion allocate among its customers hardware in short supply.
SHIPPING; TITLE; RISK OF LOSS. Unless otherwise agreed and specifically set out by Company on the face of this Order, Supplier shall deliver the material DDP (Incoterms 2010) to the destination designated by Company on the Order by the specified delivery date. TIME IS OF THE ESSENCE. Title and risk of loss to material purchased by Company under this Order shall vest in Company when the material has been delivered according to the freight terms. If additional services are to be performed after delivery, Supplier shall retain risk of loss until such services have been performed. Supplier shall: (a) ship the material covered by this Order complete unless instructed otherwise; (b) ship to the destination designated in the Order; (c) ship according to routing instructions given by Company where delivery is other than DDP; (d) place the Order number on all subordinate documents; (e) enclose a packing memorandum with each shipment and, when more than one package is shipped, identify the package containing the memorandum; and (f) xxxx the Order number on all packages and shipping papers. Adequate protective packing shall be furnished at no additional charge. Shipping and routing instructions may be furnished or altered by Company without a writing. In addition to the above, for ocean shipments, Supplier shall submit to Company two days prior to ocean vessel sailing date (i) a 10+2 document and (ii) a commercial invoice. If Supplier does not comply with the terms of the first paragraph of this Section or with Company's shipping or routing instructions, Supplier authorizes Company to deduct from any invoice of Supplier (or to charge back to Supplier), any increased cost incurred by Company as a result of Supplier's noncompliance. Company may return or store at Supplier's expense any items delivered more than thirty (30) days in advance of the delivery date specified for such items. SEVERABILITY - In the event of any Section of this Order is held to be unenforceable or invalid by any court of competent jurisdiction, the validity and enforceability of the remaining Sections of this Order will not be affected, and in lieu of such invalid or unenforceable Section, there will be added automatically as part of this Order, one or more Sections as similar in terms as may be valid and enforceable under applicable law. SOFTWARE LICENSE GRANT - Company and its affiliates shall have a worldwide, non-exclusive, royalty-free, perpetual, transferable license to use, reproduce, distribute, create derivative work...
SHIPPING; TITLE; RISK OF LOSS. XLI will ship in accordance with Pixel's shipping instructions. In the absence of specific instructions, XLI reserves the right to ship by the most appropriate method. Pixel is responsible for all freight, handling, insurance and other transportation charges and agrees to pay all such charges. For all shipments, title to the Superchip passes to Pixel when presented by XLI or its agent to the carrier, from which point Pixel is responsible for risk of all loss, damage to, or theft of all Superchips.
SHIPPING; TITLE; RISK OF LOSS. Shipping dates are estimates only. Pluribus will not be liable for any failure to deliver Products by any particular date. Products are sold Ex Works (EXW) Pluribus’ facility. As used in these Terms, the term EXW will be construed in accordance with the International Chamber of Commerce "Incoterms 2010." Risk of loss will pass to you when the Products are made available to the carrier at Pluribus’ facility. You will pay all freight and other shipping expenses; at your request, Pluribus will prepay and invoice you for those expenses. You will be responsible to pay for any insurance you wish to purchase for your shipments. Title to Products (not including any software or firmware contained in Products) passes from Pluribus to you upon the later of (i) full payment for Products, or (ii) delivery of Products to you. Title to all software and firmware, and all intellectual property rights therein, will at all times remain with Pluribus or its applicable licensor(s). Orders placed for Products are non-cancellable and non-changeable without Pluribus’ prior written consent, which consent may be withheld at Pluribus’ sole discretion.
