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. 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. 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. 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
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. 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. Seller shall convey good title, free from any lien, claim or encumbrance, to all tangible hardware items of the Equipment shipped by Seller under this Agreement. “Delivery” shall occur upon delivery of the Equipment to the Purchaser. Title to tangible hardware of the Equipment shall pass at the time of Delivery. Any loss or damage to Equipment prior to Delivery shall be at Seller’s risk. The Party discovering such loss or damage shall promptly notify the other Party.
Title and Risk of Loss or Damage. Title and risk of loss or damage with respect to all Equipment shall pass to Buyer at the Shipping Point.
Title and Risk of Loss or Damage. (i) Title and risk of loss or damage to the Inventory in Schedule 1.1(a)(ii), will pass to Purchaser when Seller places such Inventory at Purchaser’s disposal at the designated facility.
(ii) Title and risk of loss or damage to Equipment, as defined and set forth in Schedule 1.1(a)(iii), will pass to Purchaser when Seller places such Equipment at Purchaser’s disposal at the designated facility, upon Purchaser’s request, but after the Effective Date.
(iii) Delivery terms are [***], Seller’s designated facility.
