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. 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. All Products will be shipped FOB point of shipment or as otherwise designated by Seller in a notice to Buyer. Ownership of, and risk of loss with respect to, the Products shall pass to Buyer upon delivery thereof by Seller to Buyer or to a carrier for shipment to Buyer, whichever is earlier, regardless of whether Seller will install or supervise the installment of the Products. Notwithstanding the foregoing, the parties acknowledge that ownership of Products consisting of software shall remain with Seller and Buyer’s rights in respect of such software will be as specified in a separate license agreement between Seller and Buyer included in or otherwise accompanying a release or download of such software. Buyer shall pay all shipment charges. Unless specific instructions to the contrary are supplied by Buyer, Seller will select the carrier and ship the Products to Buyer’s address indicated on the applicable purchase order. Seller will not assume any liability in connection with the shipment nor constitute any carrier as its agent. Buyer shall be responsible for making all claims with carriers, insurers, warehouses and others for non-delivery or loss within thirty days of shipment. Buyer does hereby grant to Seller a security interest in the Products as security for the performance by Buyer of all its obligations under this Agreement. SOURCE INSPECTION: Source inspection by Buyer or Buyer’s agent must be stipulated in writing, at the time of ordering, and is subject to reasonable charges and safety and security conditions. Buyer shall have no right of access to Seller’s plant (including Seller facility or subcontract facilities), except as specifically authorized in advance by Seller. Buyer shall indemnify and hold Seller harmless from any and all suits, damages, and expenses of Buyer or Buyer’s agent resulting from personal injury including death or loss or damage of property occurring during, or in connection with, any visit to Seller's plant. Visitors must sign a release whenever they enter a Seller plant. In filling an order, Seller may modify the specifications or manufacturing process provided the modifications do not adversely affect the form, fit or function of the Products.
Title and Delivery. Dates of all planned shipments are estimated and not guaranteed. All Products will be tendered and shipped Ex-Works Seller’s plant Laconia, New Hampshire, U.S.A., unless agreed to otherwise in writing. Title and risk of loss or damage to the Products shall pass to Buyer when Seller places the Products at the disposal of the Buyer at Seller’s facilities. Seller assumes no responsibility for damage or loss to the Products when placed by Seller in transit for delivery to Buyer. All sales are final. Seller shall use reasonable commercial efforts to meet agreed delivery dates. Delivery of Products and performance of Seller’s obligations under these Terms and Conditions of Sale is at all times subject to excusable delays by reason of labor troubles of any kind, civil disobedience, fires, extreme weather conditions or other acts of God, accidents to machinery, shortages of material or equipment, government embargoes, blockades, seizure or freeze of assets or any other acts of government, or any breach of obligations by third parties. In the absence of specific instructions, Seller will select the carrier and ship freight prepaid and added to the price of the Product. Seller reserves the right to charge for any special routing, packing, labeling, handling or insurance requested by the Buyer and agreed to by Seller. Seller will not be deemed responsible for any liability in connection with any shipment because of the selection of a carrier or failure to obtain insurance.
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. Unless otherwise specified herein, the goods shall be delivered
B. Seller’s plant and title to said goods and liability for loss or damage thereto shall pass to Purchaser at such time provided further that such loss or damage shall not relieve Purchaser from any obligation hereunder.
Title and Delivery. 4 Article 11 - Packaging and Marking.....................................4 Article 12 -
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
4.2. Title to Products being purchased is retained by Seller until such Products are fully paid for by Buyer and, at that time, title passes to Buyer.
4.3. Seller retains and Buyer hereby grants Seller a security interest in the Products, including all accessions to them until Buyer has made payment in full in accordance with the terms hereof. Buyer authorizes Seller to file a financing statement describing the Products and Buyer shall cooperate fully with Seller in executing such documents including a Uniform Commercial Code financing statement, and accomplishing such filings and/or recordings thereof as Seller may deem necessary for the perfection and protection of such security interest.
4.4. Seller will make commercially reasonable efforts to ship orders within the times quoted, however Buyer acknowledges that all delivery times or shipment dates are approximate and may change. Times quoted for shipment will date from receipt by Seller of the Buyer’s order accompanied by all necessary information enabling work to commence, together with any import license and/or permits which may be necessary. Buyer acknowledges that time for delivery is not of the essence.
