Common use of Title and Delivery Clause in Contracts

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. 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. XxxxxBuyer’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.