Title and Delivery. Unless otherwise specified in the Order, the Goods shall be delivered free carrier (FCA) Vendor's location. Title, ownership and risk of loss or damage to the Goods shall pass to Purchaser immediately upon Vendor packaging the Goods unless otherwise specified as being on delivery. The date of delivery of Goods is an estimate based upon, among other things, availability and production schedules. Vendor shall use commercially reasonable efforts to deliver the Goods within the time agreed but shall in no circumstance be liable for any loss or damage, consequential or otherwise, caused directly or indirectly by any delay in delivery.
Title and Delivery. Unless otherwise expressly provided herein, delivery of the products ordered hereunder by Buyer shall be completed when made Ex Works (Incoterms 2000) Seller’s designated point of shipment. In all cases, Seller's title shall pass to Buyer and the risk of loss or damage to any product in transit shall fall upon Buyer, whose responsibility shall be to file claims with the carrier, when delivery is made Ex Works (Incoterms 2000) Seller’s designated point of shipment. Seller shall, with the prior written consent of Buyer, select the method of shipment, but in all cases, the carrier will be regarded as Buyer’s agent. Shipping dates shall be in accordance with the dates specified in a purchase order submitted by Buyer to Seller from time to time, however, parties agree that subject to reasonable delays, shipping dates are approximate and are based upon prompt receipt of all necessary information from Buyer. In the absence of written instructions from Buyer, all of the products ordered hereunder shall be packed and prepared for shipment in a manner that: (i) follows good commercial practice; (ii) is acceptable to common carriers for shipment at the lowest rate; and (iii) is adequate to ensure safe arrival. Seller shall xxxx all containers with Buyer purchase order numbers, lot tracking information, date of shipment, Buyer's and Seller's names, and such labels and notices consistent with good standard practice, provided that in the event that any shipments directly to an Buyer customer by Seller, shall upon Buyer’s request, omit Seller’s name from the containers. Seller shall not be liable for delay in delivery or non-delivery due to causes beyond Seller’s reasonable control, including but not limited to acts of God, acts of Buyer, acts of civil or military authority, war, riots, insurrection, sabotage, epidemic, labor disputes, labor shortages, utility shortages, materials shortages, delays in transportation or inability due to causes beyond Seller's reasonable control. In the event of any such delay, the date of delivery shall automatically be extended for a period equal to the time lost by reason of the delay. For other than these preceding causes, Seller shall not be in default for failure to deliver, unless Seller does not commence to cure such failure within ten (10) days after receipt of written notice of failure to deliver from Buyer.
Title and Delivery. Risk of loss will pass to Merchant at the time and place of delivery to a carrier for transportation to Merchant.
Title and Delivery. Shipments inside the U.S. shall be delivered EXW (Incoterms 2010) A&A MACHINE AND FABRICATION, LLC's shipping dock unless other terms are agreed to. Shipments outside the U.S. shall be delivered EXW (Incoterms 2010) Buyer's designated carrier. Title and liability for loss or damage shall pass to Buyer upon A&A MACHINE AND FABRICATION, LLC's delivery to Buyer's designated carrier. Any subsequent loss or damage shall not relieve Buyer from its obligations. Delivery dates are estimates. A&A MACHINE AND FABRICATION, LLC shall not be liable for any damage, losses or expenses incurred by Buyer if A&A MACHINE AND FABRICATION, LLC fails to meet the estimated delivery dates.
Title and Delivery. 4.1. All deliveries will be made Ex Works Seller’s facility. Unless otherwise specified, risk will pass to Buyer upon tender to the carrier. Buyer bears the exclusive risk of loss or damage to the Products at all times after Seller has delivered such Products to the carrier. Any claim by Buyer against Seller for shortage or damage occurring prior to such delivery must be made, in writing, within five (5) days after receipt of shipment and accompanied by original transportation xxxx signed by the carrier noting that carrier received the Products from Seller in the condition claimed. pg. 2
Title and Delivery. Delivery of Products will be EX-WORKS (EXW) Seller’s Plant (INCOTERMS 2010) Buyer’s designated carrier. Delivery dates are approximate and Seller will not be responsible for any claimed damages resulting from late deliveries. Xxxxx’s sole remedy for Seller’s delay in delivery or failure to deliver for any reason whatsoever is to cancel the order, and Seller will refund to Buyer any portion of the purchase price prepaid by Buyer for the product. IN NO EVENT WILL SELLER BE LIABLE FOR INCREASED MANUFACTURING COSTS, DOWNTIME COSTS, DAMAGES RELATING TO BUYER’S PROCUREMENT OF SUBSTITUTE PRODUCT (i.e., “COST OF COVER”), LOSS OF PROFITS, REVENUES, OR GOODWILL, OR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES.
Title and Delivery. Sales are EXW (Ex Works INCOTERMS 2020), AudioCodes' facility or contract manufacturer. AudioCodes will use its best efforts to ship in accordance with AudioCodes’ confirmed delivery schedule. To eliminate doubt, AudioCodes shall be deemed to be acting as Buyer’s agent and all claims for damage to Products in transit must be filed by Buyer with the Buyer’s carrier. On-time delivery shall be deemed to be delivery up to 5 days prior to and until 3 days after confirmed delivery date. In the event that Buyer fails to take delivery at the agreed delivery point or delivery time, AudioCodes may deliver the goods to Buyer at Buyer’s expense and risk through a carrier of AudioCodes’ choice. AudioCodes will use its reasonable efforts to meet Buyer’s requested delivery schedules. AudioCodes reserves the right to make deliveries in installments. Delivery delay or default of any installment shall not relieve Buyer of its obligation to accept and pay for remaining deliveries. Buyer shall bear all risk of loss, damage, or destruction to the Products called for hereunder, until final acceptance by Buyer at destination. Buyer shall also bear the same risks with respect to any Products rejected by Buyer, provided, however, that in either case AudioCodes shall be responsible for any loss occasioned by the gross negligence of its employees acting within the scope of their employment. AudioCodes shall retain a security interest and right of possession in the Products until Buyer makes full payment. Buyer shall acknowledge to AudioCodes the receipt of each damaged shipment of Products stating quantity, type, and damages existing at delivery, within 14 days of receipt at Buyer’s destination. AudioCodes shall not be responsible for any claims in respect of quantity and type made after the foregoing fourteen (14) day period. Title to physical Products shall transfer upon full payment for the Products by the Buyer.
Title and Delivery. Except as otherwise agreed to by the parties in writing, Shipment shall be EXW (Incoterms 2010) Seller's location and the manner of shipment shall be at Seller's option. Buyer shall be responsible for all shipping charges, including but not limited to shipping, transportation, duties and insurance costs, regardless of whether or not the shipping agent has been retained by Buyer or Seller. Title to all Products and risk of loss thereof, including damages or theft in transit, shall be assumed by Buyer, regardless of freight payment terms and whether such shipping agent has been specified by Buyer or Seller. Xxxxx agrees that the receipt date of the Products by Xxxxx is at Buyer’s warehouse or distribution center in the United States, regardless of the date that the title of the Products passes to Buyer. Buyer shall inspect the Products upon delivery and shall notify Seller within ten (10) days of any damage or defective Products or under- shipment by Seller. All claims for loss or damage during shipment must be filed by Buyer with the carrier. The sale of any of Seller's products to Buyer in no way conveys to Buyer, either expressly or by implication, any intellectual property license whatsoever, except as may be granted by the Seller in the materials which accompany the Products upon delivery to the extent required to enable Seller to sell the Products. Seller expressly reserves its rights under any such claim, and asserts that additional restrictions may apply to the use of the Products, as set forth in the in the materials which accompany the Products. It is the responsibility of Buyer to arrange for and obtain insurance coverage for the Products, if so desired.
Title and Delivery. 5 Article 10 - Packaging and Marking..........................................5 Article 11 -
Title and Delivery. Title to Product passes from Gazepoint to Purchaser upon pickup by courier according to section 6 Shipping. Title to all software shall remain with the licensor. Gazepoint can ship products up to 5 business days in advance of confirmed ship date. Delivery dates are approximate. Gazepoint shall use reasonable efforts to fill all orders according to the shipment schedule provided by Xxxxxxxxx at the time of the acceptance of the order. In no event shall Gazepoint guarantee shipment according to such delivery schedule or be liable for damages due to delays in the delivery, including delays arising from export restrictions or out of stock items. Purchaser shall bear the cost of obtaining all necessary export permits or licenses.
