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. Title to, and risk of loss of, materials purchased under this Order shall rest upon Seller until such materials are delivered at the F.O.B. ship-to point specified in the Order (Incoterms, 2010), or, if no point is given, then to the Buyer’s warehouse at 000 Xxxxxxxxx Xxxxxx, Xxxxxxxxx, 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, airwaybill, 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. 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. 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 4. Titre de propriété ; Livraison Le délai de livraison est essentiel à la présente Commande. Aux fins du présent article uniquement, l’Acheteur peut inclure le client de l’Acheteur. Le Vendeur doit livrer les Produits à la date indiquée dans la Commande de l’Acheteur. L’Acheteur peut refuser les Produits livrés avant la date indiquée dans la Commande et les Produits n’étant pas conformes aux garanties données dans le présent accord. Si le Vendeur considère que la livraison des Produits sera retardée, le Vendeur doit immédiatement informer l’Acheteur du retard prévu, indiquer la raison du retard, et s’efforcer au mieux d’y remédier. Si le Vendeur ne livre pas les Produits conformément à la date de livraison sur la Commande, sans préjudice de ses autres droits et recours, (a)
Title; Delivery. 3.1. The Seller shall:
Title; Delivery. (i) Title to each Workstation and all other Equipment passes to Client on the first date on which Client has paid D-Scope Systems the full fee amount listed in the Purchase Order as to the respective Equipment. (ii) Risk of loss with respect to the Equipment passes to Client when delivered to Client.
Title; Delivery. Unless specially designated otherwise in a writing signed by the Company, delivery and transfer of title to Buyer will take place, F.O.B., at the plant of third-party manufacture, and, except as expressly provided herein, Company's liability shall cease upon such delivery. Thereafter, all risk of loss, delay and damage shall fall upon Buyer. Company or Buyer shall make arrangements with a third-party for shipment of the Goods from their point of manufacture. Each delivery of title in the Goods to Buyer shall be considered a separate and independent transaction, and the price for Goods shall be determined and payment therefore shall be made accordingly. Buyer may not refuse to accept any shipment of any Goods on the ground that there has been a failure to deliver any other lot or that material in any other lot was nonconforming.
