Title, Delivery and Risk of Loss Sample Clauses

Title, Delivery and Risk of Loss. (a) For domestic Orders, all Products are to be shipped FOB Seller’s Shipping Point, unless otherwise agreed between the parties. For international Orders all Products are to be shipped FOB Ocean Port/FCA Airport. Seller will comply with all country of origin marking instructions and all instructions for exports to Buyer. Title to the Products shall pass upon Xxxxx’s receipt at the destination. (b) All shipments must be made in accordance with shipping and routing instructions as specified by Buyer, but in any event, in compliance with all applicable government or freight company regulations and Seller shall assume full responsibility for failure to comply with such instructions, including liability for a release of hazardous materials into the environment prior to Buyer's receipt of Products. Seller shall be held liable for any loss or damage incurred prior to passage of title to Buyer. (c) Each delivery of Products to Buyer shall include a packing list, which contains at least the following items: i) the Buyer’s Order number; ii) Seller's part number; iii) Buyer's part number; iv) quantity shipped; and v) the date of shipment. (d) Seller shall give Buyer written notice promptly upon determining that any or all Products under an Order will not arrive by the required delivery date and will take all reasonable steps at Seller's own cost to expedite delivery. If only a portion of the Products is available for shipment to meet the required delivery date, Seller shall ship the available Products unless directed by Xxxxx to reschedule shipment. (e) Time is of the essence. If Seller fails to deliver on time, Buyer may purchase replacement products elsewhere and Seller will be liable for costs and damages that Buyer incurs over and above the costs Buyer would have otherwise paid to Seller for the same or comparable Products hereunder. (f) Buyer reserves the right to suspend shipment of all or part of the Order in the event of strikes, lockouts, or other labor disturbances, or other contingencies beyond Buyer's control.
Sample 1Sample 2See All (5)
AutoNDA by SimpleDocs
Title, Delivery and Risk of Loss. Unless otherwise specified, delivery points shall be the F.O.B. point specified by Seller, but title to the Goods and liability for loss or damage in transit or thereafter shall pass to you upon our delivery of the Goods to a common carrier for shipment. Shipping and service completion dates are estimates only and not guaranteed.
Sample 1Sample 2
Title, Delivery and Risk of Loss. Parts, Material, labor and associated overhead incorporated into Buyer's Equipment, as required in performing Services on Buyer's Equipment hereunder, shall be deemed to have been sold to Buyer, and title to such Parts and Services thereon shall pass to Buyer upon assignment of such parts, materials, labor and associated overhead to Buyer's Equipment. Risk of loss or damage to such parts and work thereon shall pass to Buyer upon Redelivery to Buyer. Title to and risk of loss of or damage to any parts removed from Buyer's Equipment, which are replaced by other parts, shall pass to ESI upon removal of such parts from Buyer's Equipment. Risk of loss of or damage to Buyer's Equipment shall rest with ESI while located at ESI's facility after Delivery and prior to Redelivery. Final acceptance of Redelivered Equipment shall be at ESI's facility.
Sample 1Sample 2
Title, Delivery and Risk of Loss. 4.1 The FOB point for Equipment delivered for repair, and redelivered to Buyer under this Agreement shall be Xxxxx & Whitney's overhaul repair facility in Cheshire, Connecticut, or such other overhaul and repair facility that Xxxxx & Whitney designates during this Agreement. The FOB point for Xxxxx & Xxxxxxx Spare Engines and LRUs provided under this Agreement shall be Xxxxx & Whitney's designated Spare Engine storage location. Buyer shall be responsible for all transportation cost and risk of loss associated with shipment of the Spare Engines and Equipment to the designated location. 4.2 Before Equipment is ready for delivery FOB Xxxxx & Whitney's designated facility under this Agreement, Buyer shall furnish written shipping instructions in respect of such Equipment as promptly as possible. In the absence of such instructions, Xxxxx & Whitney may, at any time beginning ten (10) days after forwarding notice to Buyer by mail or otherwise that the Equipment is ready for shipment, arrange for shipment of Equipment by a carrier of its own selection to Buyer's place of business or other destination reasonably believed to be suitable. Buyer will hold Xxxxx & Xxxxxxx harmless for loss or damage attributed to negligence, either in selection of the carrier or in agreeing to contract terms on Buyer's behalf.
Sample 1
Title, Delivery and Risk of Loss. Unless otherwise agreed to by the parties in writing, and provided that Seller's designated carrier is used, Seller will pay for freight to Maxtor's destination indicated on Order. Title (except as provided in Section 3.3, "Rights In Intellectual Property" or in Exhibit D for Consigned Product) and risk of loss or damage to the product shall pass to Maxtor at the time Seller delivers possession of the product to the carrier. Use ox x xxxxxxx other than Seller's designated carrier shall be at additional cost to Maxtor, except if such other carrier is used because an Order is late.
Sample 1
Title, Delivery and Risk of Loss. 11.1 TAM shall furnish proper and serviceable shipping stands or containers for Equipment shipped to Pratt & Whitney for Maintenance Services under this Agreement. Pxxxx & Wxxxxxx shall, upon completion of work, reinstall the Eqxxxxxnt into TAM's stands or containers for reshipment. If any repairs are necessary to make TAM's stands or containers useable for reshipment, Pratt & Whitney may perform them on a time and material basis. Prxxx & Whxxxxx Xroprietary - Subject to the Restrictions on the Fronx Xxxe 11.2 The DDP point for Equipment shipped and delivered by TAM under this Agreement shall be Pratt & Whitney's facilities or the facilities of Pratt & Whitnex xxxignated Subcontractors. Ex Works redelivery ox Xxxipment by Pratt & Whitney shall be to an agent of TAM, including a common carrixx, xxxxxxy, or warehouse as hereinafter provided. Thereafter, TAM shall have all risk of loss for such Equipment, including parts incorporated therein by Pratt & Whitney. Wherever transportation rates and carrier's liabilitx fxx xxxxge depend upon the value of the shipment as declared by shipper, TAM shall specify in writing such value and pay the applicable transportation rates. In the absence of such specifications, Pratt & Whitney will declare such value as it determines as will xxxxtle TAM to have Equipment shipped at the lowest permissible transportation rates. TAM will furnish written shipping instructions for all Equipment as promptly as possible. In the absence of such instructions, Pratt & Whitney may, at any time beginning ten (10) days after fxxxxxdinx xxxxxe to TAM by mail or otherwise that the Equipment is ready for shipment, do either of the following for the account and at the expense and risk of TAM: arrange for shipment of Equipment by a carrier of Pratt & Whitney's selection to TAM's place of business or other xxxxxnation reasonably believed to be suitable; or warehouse the Equipment. TAM will not hold Pratt & Whitney liable for loss or damage attributed to negligenxx, xithxx xx xelection of the carrier or the warehouse or in agreeing with either of them to contract terms on TAM's behalf. 11.3 Equipment from TAM shall be shipped *. Equipment shipped by Pratt & Whitney to TAM shall be shipped *.
Sample 1
Title, Delivery and Risk of Loss. Unless the Agreement states otherwise, Contracting Party shall deliver the goods Free on Board (“FOB”) Destination, with the destination being UNMMG’s shipping address contained in the purchase order. Title to the goods described in the purchase order shall pass to UNMMG upon UNMMG’s inspection and acceptance of such goods at the destination specified herein, subject to the right of UNMMG to reject. All work performed by Contracting Party pursuant to the Agreement will be at Contracting Party’s exclusive risk until final and complete acceptance of the work by UNMMG. In the case of any loss or damage to the goods prior to UNMMG’s acceptance, such loss or damage will be Contracting Party’s exclusive liability. Unless otherwise agreed to in writing, Contracting Party shall arrange and pay for all shipping charges, transit insurance, taxes, fees, custom charges and duties in connection with shipment of goods. For any exception to the delivery date specified in the Agreement, Contracting Party shall give prior written notification and obtain approval thereto from UNMMG’s Purchasing Department. Time is of the essence and UNMMG reserves the right to extend the delivery date if Contracting Party’s reasons are acceptable, or to cancel the order and purchase the goods and services elsewhere. No substitutions or cancellations are permitted without the prior written approval of UNMMG’s Purchasing Department. All goods described in the purchase order shall be new and unused, in first class condition, and shall be in containers suitable for shipment and storage, unless otherwise specified in the Agreement. “New” shall not be construed as excluding recycled or remanufactured products. Failure to meet specifications places the Contracting Party in default of the Agreement and authorizes UNMMG to reject the goods, purchase the goods and/or services elsewhere, and charge the full increase in cost and handling to the defaulting Contracting Party.
Sample 1
AutoNDA by SimpleDocs
Title, Delivery and Risk of Loss. (a) For domestic Orders, all Products are to be shipped FCA Seller's Facility (Incoterms 2010), unless otherwise agreed between the parties. For international Orders all Products are to be shipped FOB Ocean Port/FCA Airport (Incoterms 2010). Seller will comply with all country of origin marking instructions and all instructions for exports to Buyer. Title to the Products shall pass upon Xxxxx’s receipt at the destination. (b) All shipments must be made in accordance with shipping and routing instructions as specified by Buyer, but in any event, in compliance with all applicable government or freight company regulations and Seller shall assume full responsibility for failure to comply with such instructions, including liability for a release of hazardous materials into the environment prior to Buyer's receipt of Products. Seller shall be held liable for any loss or damage incurred prior to passage of title to Buyer. (c) Each delivery of Products to Buyer shall include a packing list, which contains at least the following items: i) the Buyer’s Order number;
Sample 1
Title, Delivery and Risk of Loss. Intel will decide, at its discretion, the applicable shipping, title transfer, and delivery terms based on the delivery destination. Except for situations where DDU (Incoterm 2000 version) may be used, any stated Incoterms on shipping documents or Order Acknowledgements will be in reference to the Incoterms 2010 version. Unless specified otherwise by Intel or in the Agreement, title to Products will transfer to you at the same time as the risk in the Products transfers to you in accordance with the applicable Incoterm. Shipment of Product may originate from Intel or from its authorized subcontractors or suppliers. Products will be shipped in Intel’s standard packaging and by the method Intel or its subcontractor considers best. If you request special packaging or shipping methods and Intel agrees to your request, Intel may invoice you for the extra cost. If you participate in any of Intel’s specialized delivery programs, the terms of the program about title and delivery will apply to the supply of Products that are the subject of the program. Intel reserves the right to amend such terms and methods at any time without notice or liability.
Sample 1

Related to Title, Delivery and Risk of Loss

  • Delivery and Risk of Loss Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.

  • DELIVERY, TITLE AND RISK OF LOSS Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). In any case, delivery and risk of loss is in accordance with INCOTERMS 2010. Title to products shall pass to the Customer upon full payment of the invoice(s). In the absence of specific instructions, goods will be shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of goods.

  • 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.

  • 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.

  • Title; Risk of Loss Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables.

  • Insurance and Risk of Loss Debtors shall at all times bear all risk of loss, damage to or destruction of the Collateral. Debtors agree to procure forthwith and maintain insurance on the Inventory, for the full insurable value thereof and for the life of this Agreement, in the form of Fire Insurance with Extended Coverage or Combined Additional Coverage, as appropriate, and Collision, Theft and/or Vandalism and Malicious Mischief Coverage when appropriate, plus such other insurance as Secured Party may specify from time to time, all in form and amount and with insurers satisfactory to Secured Party. Debtors agree to deliver promptly to Secured Party certificates, or if requested, policies of insurance satisfactory to Secured Party, each with a standard long-form loss-payable endorsement naming Secured Party or assigns as loss-payee as their interests may appear. Each policy shall provide that Secured Party’s interest therein will not be invalidated by the acts, omissions or neglect of anyone other than Secured Party, and will contain insurer’s agreement to give 30 days prior written notice to Secured Party before the cancellation of or any material change in the policy will be effective as to Secured Party, whether such cancellation or change is at the direction of Debtors or insurer. Secured Party’s acceptance of policies in lesser amounts or risks will not be a waiver of a Debtor’s foregoing obligation. Debtors assign to Secured Party all proceeds of such insurance, including returned and unearned premiums, not to exceed the sum of all amounts payable pursuant hereto. Debtors direct all insurers to pay such proceeds directly to Secured Party.

  • Delivery and Risk 4.1 Time of delivery shall not be of the essence in any agreement between the Parties. 4.2 WHILST EVERY EFFORT WILL BE MADE TO DISPATCH AND DELIVER THE GOODS AS ADVISED, THE SELLER DOES NOT GUARANTEE DISPATCH AND/OR DELIVERY ON ANY SPECIFIC DATE AND SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY THE PURCHASER AND/OR ANY THIRD PARTY AS A RESULT OF ANY DELAYS IN THE DELIVERY OF THE GOODS THAT MAY OCCUR, SAVE TO THE EXTENT THAT THE SELLER IS FOUND TO BE LIABLE FOR ANY LOSSES IN TERMS OF SECTION 47 OF THE CONSUMER PROTECTION ACT 68 OF 2008 AS AMENDED. 4.3 The Purchaser shall not be entitled to cancel any order as a result of any delay in delivery of the Goods. 4.4 Should the Seller be prevented from the performance of any of its obligations because of force majeure (which includes but is not limited to an event that prevents or delays the Seller from being able to perform an obligation, wars, insurrections, strikes, pandemics, acts of God, natural disasters, governmental actions or controls, government restrictions and/or water or energy supply restrictions), or any cause whatsoever beyond the control of the Seller, the Seller shall be entitled at its option to cancel the agreement with the Purchaser or to suspend performance of its obligations there under and shall not be liable whatsoever for any loss or damage, consequential or otherwise, resulting from such inability to perform its obligations, cancellation, or suspension. 4.5 Unless otherwise agreed in writing, delivery and passing of the risk in the Goods shall be deemed to have taken place when the Goods are offloaded at the Purchaser’s premises. 4.6 The Seller reserves the right to refuse an order within 10 (ten) business of such order being received by the Seller where costs have escalated due to any contingencies or circumstances not within the Seller’s control. 4.7 The Seller’s deliveries shall be effected “ex works” for the account and at the risk of the Purchaser. Transport insurance shall be arranged at the Purchaser’s written request and for its account. The Seller shall have the right to demand a prepayment on the insurance premium by the Purchaser. In the absence of specific instructions by the Purchaser, the Seller shall determine the shipping route and carrier. The transport packaging shall be product-related and consider the statutory regulations as may be made from time to time. The Seller shall bear the packing charges, which shall be determined at the Seller’s discretion. The packaging shall be taken back at the Purchaser’s request and expense.

  • Risk of Loss Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering xxxxxxx’x xxxx of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x xxxx of lading and damage inspection report.

  • LIABILITY AND RISK OF LOSS A. Each Party hereby waives any claim against the other Party, employees of the other Party, the other Party's Related Entities (including but not limited to contractors and subcontractors at any tier, grantees, investigators, customers, users, and their contractors or subcontractor at any tier), or employees of the other Party's Related Entities for any injury to, or death of, the waiving Party's employees or the employees of its Related Entities, or for damage to, or loss of, the waiving Party's property or the property of its Related Entities arising from or related to activities conducted under this Agreement, whether such injury, death, damage, or loss arises through negligence or otherwise, except in the case of willful misconduct. B. Each Party further agrees to extend this cross-waiver to its Related Entities by requiring them, by contract or otherwise, to waive all claims against the other Party, Related Entities of the other Party, and employees of the other Party or of its Related Entities for injury, death, damage, or loss arising from or related to activities conducted under this Agreement. Additionally, each Party shall require that their Related Entities extend this cross-waiver to their Related Entities by requiring them, by contract or otherwise, to waive all claims against the other Party, Related Entities of the other Party, and employees of the other Party or of its Related Entities for injury, death, damage, or loss arising from or related to activities conducted under this Agreement.

  • Risk of Loss or Damage The Lessee assumes all risk of loss or damage to the Equipment from any cause and agrees to return it to the Lessor in the condition received, with the exception of wear and tear, unless otherwise provided in this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!