Common use of Title, Delivery and Risk of Loss Clause in Contracts

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.

Title, Delivery and Risk of Loss. (a) For domestic Orders, all All Products are to be shipped FOB Seller’s Shipping Point, unless otherwise agreed between CPT (Destination as stipulated by the parties. For international Orders all Products are to be shipped FOB Ocean Port/FCA AirportOrder) (Incoterms 2000). 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 ’s receipt of Products. Seller shall be held liable for any loss or damage incurred prior to passage of title to Buyerin transit or delivery through improper boxing, crating, packing, cartage or trucking. (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 ’s part number; iii) Buyer's ’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 ’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 If Seller and Buyer have agreed that time is of the essence. If essence and 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 hereunderincurs. (f) Delivery dates and delivery periods as set forth in the Order are binding. Compliance with the delivery date or delivery period is determined by the date of receipt of the Products by Buyer or at any other location agreed between Buyer and Seller in writing or in text form. If delivery of the Products is late for reasons such as mobilization, war, interaction, strike, lockout or the occurrence of other unforeseeable, similarly serious impediments as regards compliance with the delivery period and if such impediments are beyond Seller’s control, the delivery period shall be extended appropriately. The Seller will immediately inform Xxxxx on any such events. (g) In case of late delivery, Buyer may – provided that Buyer can credibly show that it has incurred damage as a result – demand compensation for each complete week of delay in an amount of 0.2% per week of the price of that part of delivery which could not be put to pertinent use due to the delay but not exceeding 2% of the price thereof. Xxxxx’s further rights on account of late delivery shall remain unaffected. If Xxxxx and Seller agree on a contractual penalty on top of this lump-sum, Xxxxx’s right to rescind the contract and/or assert further claims shall also remain unaffected. Buyer may demand the contractual penalty up to the time of the last payment, even if it accepted the delivery or service performed by Seller without any special reservation. (h) If it becomes apparent that Seller will be unable to meet the delivery dates, Seller shall contact Buyer without delay. The rights to which Xxxxx is entitled on account of late delivery under the terms of the Order, these Terms and Conditions or by Statute, shall not be restricted even if Seller contacts Buyer in accordance with this aforementioned obligation. (i) Buyer reserves the right to suspend shipment by Seller of all or part of the Order in the event of strikes, lockouts, or other labor disturbances, or other contingencies beyond Buyer's ’s control. (k) Buyer is a SLVS waiver customer (SLVS-Verzichtskunde). This means that the transport risk is insured by Seller.

Title, Delivery and Risk of Loss. (a) For domestic OrdersUnless otherwise agreed by the parties, all Products are to be shipped FOB Seller’s Shipping Point, unless otherwise agreed between DDP (Destination as stipulated by the parties. For international Orders all Products are to be shipped FOB Ocean Port/FCA AirportOrder) (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 Xxxxx’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 ’s part number; iii) Buyer's ’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 ’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 If Seller and Buyer have agreed that time is of the essence. If essence and 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 hereunderincurs. (f) Delivery dates and delivery periods as set forth in the Order are binding. Compliance with the delivery date or delivery period is determined by the date of receipt of the Products by Buyer or at any other location agreed between Buyer and Seller in writing or in text form. If delivery of the Products is late for reasons such as mobilization, war, interaction, strike, lockout or the occurrence of other unforeseeable, similarly serious impediments as regards compliance with the delivery period and if such impediments are beyond Seller’s control, the delivery period shall be extended appropriately. The Seller will immediately inform Xxxxx on any such events. (g) In case of late delivery, Buyer may – provided that Buyer can credibly show that it has incurred damage as a result – demand compensation for each complete week of delay in an amount of 0.3% per week of the price of that part of delivery which could not be put to pertinent use due to the delay but not exceeding 3% of the price thereof. Xxxxx’s further rights on account of late delivery shall remain unaffected. If Xxxxx and Seller agree on a contractual penalty on top of this lump-sum, Xxxxx’s right to rescind the contract and/or assert further claims shall also remain unaffected. Buyer may demand the contractual penalty up to the time of the last payment, even if it accepted the delivery or service performed by Seller without any special reservation. (h) If it becomes apparent that Seller will be unable to meet the delivery dates, Seller shall contact Buyer without delay. The rights to which Xxxxx is entitled on account of late delivery under the terms of the Order, these Terms and Conditions or by statute shall not be restricted even if Seller contacts Buyer in accordance with this aforementioned obligation. (i) Buyer reserves the right to suspend shipment by Seller of all or part of the Order in the event of strikes, lockouts, or other labor disturbances, or other contingencies beyond Buyer's ’s control. (k) Buyer is a SLVS waiver customer (SLVS-Verzichtskunde) and the transport risk is assumed by and insured by Seller.