Title and Risk of Loss or Damage. A. The Supplier shall ensure that the title to Goods delivered and supplied hereunder shall pass directly to USAID upon acceptance pursuant to the Section on QA, Testing, Inspection and Acceptance above.
B. Notwithstanding completion of delivery, the Supplier shall bear all risk of loss or damage to the Goods prior to acceptance, except to the extent that any loss or damage is due to Chemonics’ fault, or occurs after delivery and not due to fault on the Supplier’s part.
Title and Risk of Loss or Damage. All right, title and interest in and to the Goods shall remain with Vendor until such Goods have been paid for in full. However, such Goods shall be entirely at Purchaser’s risk from the time placed on a common carrier and the loss, damage, deterioration or destruction of the Goods thereafter shall not release Purchaser from its obligations hereunder. In the event of any default to make payment by the Purchaser, Vendor shall have the right to take possession of any Goods already delivered and to remove same without notice and without legal proceedings, in which case all payments theretofore made shall be credited to the Purchaser’s account after deduction of a reasonable rental fee and the costs of repossession, if any, including reasonable legal fees. Purchaser hereby agrees to defend, indemnify, and save harmless Vendor from any and all loss arising out of any or all claims, suits and demands by reason of, but not limited to, the retention of title to the Goods by Vendor while same are at the Purchaser’s risk.
Title and Risk of Loss or Damage. Vendor warrants to Buyer that the goods and services shall be delivered free of any lien, security interest, encumbrance, or any claim of any nature by any third person and that Vendor will convey clear title in the goods and services to Buyer. Except as specifically otherwise provided herein, Vendor will: (1) be responsible for and bear all risk of loss or damage for the goods covered by this Order until they are delivered at the designated delivery point, regardless of the point of inspection or transfer of title, and (2) bear all risks and expense for all returns, including, but not limited to, freight, insurance, packaging, materials and labor as to rejected goods or goods requiring correction, after notice of rejection. Vendor will be liable for all costs and expenses incurred by Buyer arising from (i) Vendor’s failure to timely deliver any equipment, (ii) any defects in the materials or workmanship of any equipment, and/or (iii) the failure in the performance of any equipment. Vendor’s liability for such costs and expenses will include, without limitation, Buyer’s costs for the repair, replacement, removal and/or installation of defective equipment plus any damages, fees or penalties arising from Buyer’s delay in performance under any contract caused by any such occurrence. Buyer will have the right to offset any amounts due to Buyer from Vendor hereunder against any amounts due by Buyer to Vendor.
Title and Risk of Loss or Damage. Despite any agreement with respect to delivery terms or prepayment of transportation or insurance charges, the risk of loss or damage shall pass to Buyer at the time of delivery and delivery shall be deemed to be complete upon delivery to a private or common carrier or upon moving into storage, whichever occurs first, at the point of manufacture. Title to the Equipment sold shall remain in CAIRE until paid for in full.
Title and Risk of Loss or Damage. Despite any agreement with respect to delivery terms or prepayment of transportation or insurance charges, the risk of loss or damage for Equipment shall pass to Purchaser upon the earlier of payment in full or completion of delivery, and delivery shall be deemed to be completed upon delivery to a private or common carrier or upon moving into storage, whichever occurs first, at the point of delivery. Purchaser shall insure the Equipment upon delivery and ensure that Seller’s interest in the Equipment is noted on the insurance policy. Seller shall retain title to the Equipment until all invoices for such Equipment have been paid in full. In the event of late payment, Seller reserves the right to enter onto Purchaser’s premises to repossess the Equipment until Purchaser has paid for such Equipment in full.
Title and Risk of Loss or Damage. As to Goods delivered by Seller’s truck, title passes upon delivery at the place Buyer receives possession; and, thereafter, all risk of loss or damage shall be on Buyer. All other sales are F.O.B., point of shipment, and Xxxxx takes title and assumes responsibility for risk of loss or damage at the point of shipment for such sales. Claims for Goods damaged in transit are Buyer’s sole responsibility when not delivered by Seller’s truck.
Title and Risk of Loss or Damage. Despite any agreement with respect to delivery terms or prepayment of transportation or insurance charges, the title and risk of loss or damage shall pass to Buyer, and delivery shall be deemed to be complete, upon delivery to a private or a common carrier or upon moving the Goods into storage, whichever occurs first.
Title and Risk of Loss or Damage. 10.1 Until risk of loss passes to AsiaSat and unless otherwise provided in this Contract, the Contractor shall bear all risks of loss or damage to the Spacecraft and any Contract Item to be delivered under this Contract.
10.2 Unless otherwise provided in this Contract, title and risk of loss or damage to the Spacecraft shall pass to AsiaSat at Launch. Title and risk of loss or damage to all other Contract Items (other than Deliverable Data, to which AsiaSat shall obtain licenses in accordance with Clause 18 and Services) shall pass to AsiaSat upon final acceptance by AsiaSat in accordance with Clause 11.
10.3 The Contractor represents and warrants to AsiaSat and undertakes that title to the Spacecraft and to all Contract Items shall be good, marketable and rightfully conveyed, and shall be delivered to AsiaSat free and clear of all liens, encumbrances, pledges and other interests whatsoever, except those incurred by AsiaSat. The Contractor shall execute and deliver all such instruments as may be reasonably required by AsiaSat, in its sole discretion, to perfect or evidence such title.
10.4 In the event that Intentional Ignition occurs, but there is a subsequent Terminated Ignition:
(a) Once the Launch pad has been declared safe and the Launch Services Contractor authorizes the start of the demating operations, Contractor shall, unless AsiaSat exercises its rights under Clause 10.4(b), if applicable, promptly take all necessary actions to prepare the Satellite for a relaunch, including but not limited to: (i) supporting the Launch Services Contractor in demating the Satellite from the Launch Vehicle and conducting defueling operations; (ii) directly performing inspection and testing, refurbishment, storage, repair and replacement of damaged component(s), and transportation of the Satellite to and from the Launch site; and (iii) providing additional Launch Support Services for the subsequent Launch attempt of the Satellite. Upon a Terminated Ignition, the Launch Date shall be extended as required without penalty to Contractor, and Contractor shall have no liability related to the Terminated Ignition other than as stated in this Clause 10.4.
(b) In the event of physical destruction of the Spacecraft (including that Contractor determines that the Satellite is so significantly damaged that it cannot reasonably be refurbished as provided in Clause 10.4(a) above), Contractor will, at AsiaSat's option, either (i) proceed to provide a replacement Satellite, and the...
Title and Risk of Loss or Damage. Except as otherwise specifically provided herein, as between the Lessor and the Lessee, title to the Supplies shall remain in the Lessor but the Lessee shall bear all risk of loss of or damage to the Supplies during the Period of Lease.
Title and Risk of Loss or Damage. X. Xxxxxx shall ensure that title to Goods delivered and supplied hereunder shall pass directly to the Buyer upon transfer of the goods to the carrier appointed by Xxxxx provided both parties are subject to 6G.