Title; Delivery. Time for delivery is of the essence of this Order. For the purposes of this clause only, Buyer may include Buyer’s customer. Seller shall deliver the Products on the date set forth in Buyer’s Order. Buyer may reject Products delivered prior to the date set forth in the Order and Products that fail to meet the warranties in this agreement. If Seller believes that delivery of the Products will be delayed, Seller shall immediately inform Xxxxx of the anticipated delay, indicate the cause of delay, and use its best efforts to cure the anticipated delay. If Seller does not deliver Products in accordance with the delivery date on the Order, without prejudice to its other rights and remedies, (a) Buyer may reject the Products, and (b) Seller shall pay Buyer, at Buyer’s option, either (i) the actual damages incurred by Buyer in respect of the delay, or (ii) four percent (4%) of the Order price for each day delivery is not made in accordance with the Order (up to 20% of the total price of the Order). Seller shall adequately package all Products to prevent loss or damage during transit and shall comply with any packaging requirements provided by Buyer. Seller shall include a packing list with each delivery of Products that contains at least the following items: • The Order number; • Seller’s part number; • Buyer’s part number; • Quantity shipped; and • Date of shipment. Unless otherwise agreed, Products must be shipped DDP Seller’s facility named in Buyer’s Order (Incoterms 2010). Seller will bear all risk of loss, damage, or destruction to the Products, in whole or in part, occurring before delivery to Buyer at the designated delivery location. Title to Products will pass to Buyer upon delivery. Seller shall not retain any security interest in Products after the passage of title, and shall deliver the Products free of all liens and encumbrances. Seller shall not deliver the Products the subject of this Order by instalments unless expressly agreed in writing by Xxxxx.
Title; Delivery. Except as may be otherwise expressly agreed to by Seller in writing, title to and ownership of the Product shall transfer and pass to Buyer upon delivery of the Product by Seller to the first carrier (including any transportation equipment owned or controlled by Seller) for shipment to Buyer. Risk of loss of the Product and terms of carriage and related obligations of Seller and Buyer shall be per and as defined in the transportation trade term as set forth in the Agreement or if there is no Seller signed Sales Agreement then as set forth in Seller's transmittal acceptance of Buyer's order. No reconsignment of transportation equipment owned, furnished or controlled by Seller shall be made and same shall be immediately returned to Seller after the Product has been removed therefrom in as good condition as received, reasonable wear and tear excepted. Demurrage or extra detention charges on such equipment of Seller are for Buyer’s account in accordance with Seller’s then standard policies with respect to allowed Free Time and detention charges.
Title; Delivery. At Seller's option, shipment will be FCA plant of manufacture or distribution center (Incoterms 2000). Risk of loss or damage shall pass from Seller to Buyer upon delivery to common carrier or Buyer's representative at the FCA shipping location. Buyer shall have the responsibility to pay for insurance; all claims for damage must be filed by Buyer directly with carrier. Absent specific instructions, Seller will select the carrier for shipment, but by doing so, will not thereby assume any liability in connection with shipment, nor shall the carrier in any way be construed to be the agent of Seller. Seller shall not be liable for any damages or penalty for delay caused solely by transportation or failure to give notice of such delay.
Title; Delivery. Title to, and risk of loss of, materials purchased under this Order shall rest upon Seller until such materials are delivered at the FCA ship-to point specified in the Order (Incoterms, 2010), or, if no point is given, then to the Buyer’s warehouse at 0000 Xxxxx Xxxxxx, Xxxxxxx, XX 00000, XXX. Notwithstanding the foregoing, if Buyer has made an advanced payment for the Products (including any materials thereof) then title to such Products shall pass to Buyer upon Seller’s receipt of payment. Notwithstanding the foregoing sentences, all Products are subject to Buyer’s subsequent inspection, and acceptance. Seller shall provide Buyer all shipping documents, including the commercial invoice, packing list, air xxxxxxx, xxxx of lading and any other documents necessary to release the Products to Buyer after Seller delivers the Products to the transportation carrier.
Title; Delivery. All deliveries of Products purchased pursuant to this Agreement will be made [***] (“Delivery”).
Title; Delivery. (A) AT SELLER’S OPTION, SHIPMENT WILL BE FOB SELLER’S LONG ISLAND, NY PLANT, OR ITS PLANT OF MANUFACTURE. RISK OF LOSS OR DAMAGE SHALL PASS FROM SELLER TO BUYER UPON DELIVERY TO COMMON CARRIER OR BUYER’S REPRESENTATIVE AT THE FOB POINT, SELLER’S LONG ISLAND, NY FACTORY OR ITS PLANT OF MANUFACTURE. BUYER SHALL HAVE THE RESPONSIBILITY TO PAY FOR INSURANCE; ALL CLAIMS FOR DAMAGE MUST BE FILED BY BUYER DIRECTLY WITH CARRIER;(B) ABSENT SPECIFIC INSTRUCTIONS, SELLER WILL SELECT THE CARRIER FOR SHIPMENT, BUT BY DOING SO, WILL NOT THEREBY ASSUME ANY LIABILITY IN CONNECTION WITH SHIPMENT NOR SHALL THE CARRIER IN ANY WAY BE CONSTRUED TO BE THE AGENT OF SELLER; (C) SELLER SHALL NOT BE LIABLE FOR ANY DAMAGES OR PENALTY FOR DELAY CAUSED SOLELY BY TRANSPORTATION OR FAILURE TO GIVE NOTICE OF SUCH DELAY.
Title; Delivery. Time for delivery is of the essence of this Order. For the purposes of this clause only, Buyer may include Buyer’s customer. Seller shall deliver the Products on the date set forth in Buyer’s Order. Buyer may reject Products delivered prior to the date set forth in the Order and Products that fail to meet the warranties in this agreement. If Seller believes that delivery of the Products will be delayed, Seller shall immediately inform Buyer of the anticipated delay, indicate the cause of delay, and use its best efforts to cure the anticipated delay. If Seller does not deliver Products in accordance with the delivery date on the Order, without prejudice to its other rights and remedies, (a) Buyer may reject the Products, and (b) Seller shall pay Buyer, at Buyer’s option, either (i) the actual damages incurred by Buyer in respect of the delay, or (ii) four percent (4%) of the Order price for each day delivery is not made in accordance with the Order (up to 20% of the total price of the Order).
Title; Delivery. The pricing set forth in this Agreement includes next day dock and/or mailroom delivery. Additional freight charges may apply for items exceeding seventy (70) lbs. in weight and/or 110” in length/width, furniture, Hawaii, Alaska and Puerto Rico orders, special orders, and/or rush deliveries, at XX Xxxxx’x sole discretion. XX Xxxxx shall notify Program Participants of any such additional freight charges at the time of purchase. Small order handling fees shall not apply. All goods and materials furnished under this Agreement shall be delivered F.O.B. to jobsite by appropriate modes of transportation. XX Xxxxx shall bear the full risk of loss of any goods purchased pursuant hereto until goods are delivered to and received by each Program Participant, at which point such risk shall pass to the Program Participant. Further, all materials furnished under this Agreement are to be suitably packaged or otherwise prepared for shipment by XX Xxxxx to protect the same during transportation. No charge shall be made for packaging, boxing, freight, insurance, storage, or drayage unless specifically authorized by the Program Participant in writing. XX Xxxxx shall be liable for damage to materials described herein caused by improper boxing, freight, packing, or transportation. When usual terms of tariffs do not include insurance, shipments must be forwarded properly insured to their full sale prices thereunder.
Title; Delivery. Seller shall Deliver the RECs to Buyer in accordance with the terms of the Confirmation. Buyer shall accept the Seller’s transfer of the RECs as soon as practicable following the date of the Delivery. Buyer shall cause acceptance in accordance with the applicable rules and procedures governing the PJM GATS. Title to and interest in the RECs shall transfer to Buyer upon Delivery in accordance with the PJM GATS Operating Rules. "Delivery" or "Deliver" means Seller's electronic delivery of the applicable RECs via the PJM GATS into Buyer’s account within the PJM GATS in accordance with, and as confirmed pursuant to, the PJM GATS Operating Rules.
Title; Delivery. Room to Read agrees to:
a. Supply to Publisher the final package in the form of open print-ready files [InDesign® or equivalent mutually compatible industry prevalent software] of the Titles and any other content RtR wishes to be included in the Titles.
b. Provide printed sample copies of the Titles, where possible.
c. Review proofs of the Titles at various stages of pre-production in a timely fashion once received, and, if the proof copy is satisfactory, approve for printing. Review and approve subsequent proofs should alterations be necessary.
d. Review advance copies of the Titles and confirm that the agreed upon specifications/quality standards for paper, printing, binding and overall finish have been met.
