Title and Risk of Loss to Refinery Products Sample Clauses

Title and Risk of Loss to Refinery Products. During the Term, the title and risk of loss to the Refinery Products sold hereunder shall pass from Delek Refining to the third Person buyer of such Refinery Products (or, with respect to any Refinery Products sold hereunder to Delek Marketing for its own account, to Delek Marketing) pursuant to the terms of the purchase or supply contract or other sales arrangement between Delek Refining and such buyer. As between the Parties, during the Term, Delek Refining shall be deemed to be the (i) sole and exclusive owner, and in sole and exclusive control and possession, of all the Refinery Products delivered hereunder to any third Person buyer (or, with respect to any Refinery Products sold hereunder to Delek Marketing for its own account, to Delek Marketing); and (ii) sole and exclusive owner of all Delek Refining Accounts and Delek Refining Contracts, and Delek Marketing hereby expressly disclaims any rights, claims or interest in or to such Refinery Products (other than any Refinery Products sold hereunder to Delek Marketing for its own account), Delek Refining Accounts, or Delek Refining Contracts, whether now existing or otherwise arising during the Term; provided, however, nothing in this Section 4.3 is intended as a waiver of any claims related to the performance of the Parties of their respective obligations under this Agreement.
Sample 1Sample 2
Title and Risk of Loss to Refinery Products. During the Term, the title and risk of loss to the Refinery Products sold hereunder shall pass from Customer to the third Person buyer of such Refinery Products (or, with respect to any Refinery Products sold hereunder to Marketing for its own account, to Marketing) pursuant to the terms of the purchase or supply contract or other sales arrangement between Customer and such buyer. As between the Parties, during the Term, Customer shall be deemed to be the (a) sole and exclusive owner, and in sole and exclusive control and possession, of all the Refinery Products delivered hereunder to any third Person buyer (or, with respect to any Refinery Products sold hereunder to Marketing for its own account, to Marketing); and (b) sole and exclusive owner of all Customer Accounts and Customer Contracts, and Marketing hereby expressly disclaims any rights, claims or interest in or to such Refinery Products (other than any Refinery Products sold hereunder to Marketing for its own account), Customer Accounts, or Customer Contracts, whether now existing or otherwise arising during the Term; provided, however, nothing in this Section 4.3 is intended as a waiver of any claims related to the performance of the Parties of their respective obligations under this Agreement.
Sample 1

Related to Title and Risk of Loss to Refinery Products

  • DELIVERY, TITLE AND RISK OF LOSS Title and risk of loss to Products (for Software, the media) shall pass to Customer upon the occurrence of either of the following: (a) if Customer is, or agrees to be, the importer of record, upon the shipment from NI, NI’s affiliated companies or a warehouse used by NI; or (b) if NI is, or agrees to be, the importer of record, upon either i) the shipment of Products from NI’s affiliated companies and the completion by NI of the customs import clearance at the customs having jurisdiction over the imports of the Products, or ii) the shipment of Products from a local warehouse used by NI, if applicable; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment in full. For Products to be delivered within the same country as the NI entity accepting the order, NI will arrange the shipping; however, Customer is responsible for all shipping and handling fees set forth in the invoice, unless otherwise indicated by NI. Upon written confirmation from NI, Customer may choose to arrange for shipping or if the order is placed with an NI entity outside of the country of the applicable shipping destination, Customer is responsible for all shipping and handling, including fees, customs, formalities, and clearance,except that NI is responsible for the Export Declaration. Customer shall provide NI with the necessary information for the Export Declaration, in a timely manner. Shipment dates provided by NI are estimates only, and NI shall have no liability for losses or claims resulting from late delivery of Products. Claims for shipment shortage shall be deemed waived unless presented to NI in writing within seven (7) days upon arrival of the Products to the designated place. NI may, in its sole discretion, without liability or penalty, make partial shipments of Products to Customer. Each shipment will constitute a separate sale, and Customer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Customer’s purchase order.

  • Title and Risk of Loss Notwithstanding the form of shipment, title or other property interest, risk of loss shall not pass from the Contractor to the Authorized User until the Products have been received, inspected and accepted by the receiving entity. Acceptance shall occur within a reasonable time or in accordance with such other defined acceptance period as may be specified in the Bid Specifications or Purchase Order. Mere acknowledgment by Authorized User personnel of the delivery or receipt of goods (e.g., signed xxxx of lading) shall not be deemed or construed as acceptance of the Products received. Any delivery of Product that is substandard or does not comply with the Bid Specifications or Contract terms and conditions, may be rejected or accepted on an adjusted price basis, as determined by the Commissioner.

  • Pipelines Developer shall have no interest in the pipeline gathering system, which gathering system shall remain the sole property of Operator or its Affiliates and shall be maintained at their sole cost and expense.

  • Delivery; Risk of Loss Deliveries must be made both in quantities and at times specified on the face of the Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. ▪ Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on the Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made after or before the specified delivery date. Seller will bear all costs and damages incurred by Buyer due to late or early delivery. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in the Purchase Order, all goods are sold DAP. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.

  • Delivery and Risk of Loss Supplier will at its expense deliver the goods ordered to xxxxxx xxxxxxx with its office at Test by xxxxxx Indore,Kansas 75024. 3.1 Supplier shall assume risk of loss and damage to Goods prior to delivery thereof to Buyer. Upon delivery of the Goods to Buyer, Xxxxx shall inspect the Goods and shall, upon prompt inspection of the Goods, sign the receipt of delivery acknowledging the Goods have been delivered in an undamaged condition. Any damaged Goods shall be segregated from undamaged Goods by Buyer. Supplier shall arrange for delivery of the damaged Goods to a destination designated by Supplier. Buyer shall assume full responsibility for any loss, damage or deterioration to the Goods 3.2 When the Buyer sign for the delivered Goods, the Buyer accept those Goods, and by accepting those Goods, represent that they have been delivered in an undamaged and acceptable condition. 3.3 Buyer agrees to keep the Goods, and the proceeds from the sales thereof, separate and capable of identification, as the property of Supplier, to make entries in its books showing that the property is held for the account of Supplier, to report to Supplier the consummation of any sale on a weekly basis as more fully set forth herein; and to furnish the Supplier on demand a true and complete report of the Buyer’s sales for any period of time stated by the Supplier. 3.4 Buyer agrees to keep the goods fully insured at its expense against any and all risks including, but not limited to, breakage, damage or theft. The insurance policies shall be satisfactory to Supplier, and shall be delivered to Supplier promptly upon demand. Any and all insurance proceeds resulting from a claim on Supplier’s property shall be made payable to Supplier as its interest may appear. 3.5 Xxxxx agrees not to remove any of the Goods subject to this security agreement from the Buyer’s address as set forth herein, without the written consent of Supplier, except for purpose of sale and subject to the provisions and conditions herein provided.

  • Delivery Point The delivery point is the point of delivery of the Power Product to the CAISO Controlled Grid (the “Delivery Point”). Seller shall provide and convey to Buyer the Power Product from the Generating Facility at the Delivery Point. Title to and risk of loss related to the Power Product transfer from Seller to Buyer at the Delivery Point.

  • Delivery Points ‌ Project water made available to the Agency pursuant to Article 6 shall be delivered to the Agency by the State at the delivery structures established in accordance with Article 10.

  • Computer Equipment Recycling Program If this Contract is for the purchase or lease of computer equipment, then Contractor certifies that it is in compliance with Subchapter Y, Chapter 361 of the Texas Health and Safety Code related to the Computer Equipment Recycling Program and the Texas Commission on Environmental Quality rules in 30 TAC Chapter 328.

  • Interconnection Customer’s Interconnection Facilities The Interconnection Customer shall design, procure, construct, install, own and/or control the Interconnection Customer’s Interconnection Facilities described in Appendix A at its sole expense.

  • Television Equipment Recycling Program If this Contract is for the purchase or lease of covered television equipment, then Contractor certifies that it is compliance with Subchapter Z, Chapter 361 of the Texas Health and Safety Code related to the Television Equipment Recycling Program.