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

Title, Delivery, Risk of Loss and Shipping. Unless otherwise agreed to by Seller, title to and risk of loss or damage to all goods sold by Seller passes to Buyer upon their delivery EX WORKS Seller’s facility (Incoterms 2010) to an agent of Buyer, including a common carrier. Where Buyer requires shipment other than as specified, Buyer will be responsible for any additional costs. Delivery dates in this order are estimates and Seller will make good faith effort to meet estimated delivery dates, but will not be responsible for any loss or damage arising from failure to ship on the estimated date. Where Buyer delays in supplying information or approvals necessary to proceed with the order, the shipment date may be extended accordingly. Buyer will furnish written shipping instructions for all goods as promptly as possible. In the absence of such instruction, Seller may, at any time beginning ten (10) days after forwarding notice to Buyer by mail or otherwise that the goods are ready for shipment, do either of the following for the account and at the expense and risk of Buyer: arrange for shipment of the goods by a suitable carrier or warehouse the goods and invoice Buyer. Buyer will not hold Seller liable for loss or damage attributed to negligence either in selecting the carrier or the warehouse or in agreeing with either of them to contract terms on Buyer's behalf. Should Buyer at any time prior to shipment wish to delay delivery of a substantially completed product, Seller is entitled to invoice Buyer on the previously established delivery date for the product and charge Buyer any associated storage costs.

Appears in 3 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale, www.miltonroy.com

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Title, Delivery, Risk of Loss and Shipping. Unless otherwise agreed to by Seller, title to and risk of loss or damage to all goods sold by Seller passes to Buyer upon their delivery EX WORKS Seller’s facility (Incoterms 2010) to an agent of Buyer, including a common carrier. Where Buyer requires shipment other than as specified, Buyer will be responsible for any additional costs. Delivery dates in this order are estimates and Seller will make good faith effort to meet estimated delivery dates, but will not be responsible for any loss or damage arising from failure to ship on the estimated date. Where Buyer delays in supplying information or approvals necessary to proceed with the order, the shipment date may be extended accordingly. Buyer will furnish written shipping instructions for all goods as promptly as possible. In the absence of such instruction, Seller may, at any time beginning ten (10) days after forwarding notice to Buyer by mail or otherwise that the goods are ready for shipment, do either of the following for the account and at the expense and risk of Buyer: arrange for shipment of the goods by a suitable carrier or warehouse the goods and invoice Buyer. Buyer will not hold Seller liable for loss or damage attributed to negligence either in selecting the carrier or the warehouse or in agreeing with either of them to contract terms on BuyerXxxxx's behalf. Should Buyer at any time prior to shipment wish to delay delivery of a substantially completed product, Seller is entitled to invoice Buyer on the previously established delivery date for the product and charge Buyer any associated storage costs.

Appears in 2 contracts

Samples: Terms and Conditions of Sale, Terms and Conditions of Sale

Title, Delivery, Risk of Loss and Shipping. Unless otherwise agreed to by Seller, title to and risk of loss or damage to all goods products sold by Seller passes to Buyer upon their delivery EX WORKS Seller’s facility (Incoterms 2010) to an agent of Buyer, including a common carrier. Where Buyer requires shipment other than as specified, Buyer will be responsible for any additional costs. Delivery dates in this order are estimates and Seller will make good faith effort to meet estimated delivery dates, but will not be responsible for any loss or damage arising from failure to ship on the estimated datedelays, loss or damage in transit. Where Buyer delays in supplying information or approvals necessary to proceed with the order, the shipment date may be extended accordingly. Buyer will furnish written shipping instructions for all goods products as promptly as possible. In the absence of such instruction, Seller may, at any time beginning ten (10) 10 days after forwarding notice to Buyer by mail or otherwise that the goods products are ready for shipment, do either of the following for the account and at the expense and risk of Buyer: arrange for shipment of the goods products by a suitable carrier or warehouse the goods products and invoice Buyer. Buyer will Seller is not hold Seller liable for loss or damage attributed to negligence either in selecting the carrier or the warehouse or in agreeing with either of them to contract terms on Buyer's ’s behalf. Should Buyer at Notwithstanding anything to the contrary, if liquidated damages apply to an order, then those liquidated damages will be the sole remedy to the exclusion of any time prior to shipment wish to delay delivery of a substantially completed product, Seller is entitled to invoice Buyer on the previously established delivery date for the product other rights and charge Buyer any associated storage costsremedies arising out or in connection with late delivery.

Appears in 1 contract

Samples: hmdkontro.com

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Title, Delivery, Risk of Loss and Shipping. Unless otherwise agreed to by Seller, title to and risk of loss or damage to all goods sold by Seller passes to Buyer upon their delivery EX WORKS SellerWORKSSeller’s facility (Incoterms 2010) to an agent of Buyer, including a common carrier. Where Buyer requires shipment other than as specified, Buyer will be responsible for any additional costs. Delivery dates in this order are estimates and Seller will make good faith effort to meet estimated delivery dates, but will not be responsible for any loss or damage arising from failure to ship on the estimated date. Where Buyer delays in supplying information or approvals necessary to proceed with the order, the shipment date may be extended accordingly. Buyer will furnish written shipping instructions for all goods as promptly as possible. In the absence of such instruction, Seller may, at any time beginning ten (10) days after forwarding notice to Buyer by mail or otherwise that the goods are ready for shipment, do either of the following for the account and at the expense and risk of Buyer: arrange for shipment of the goods by a suitable carrier or warehouse the goods and invoice Buyer. Buyer will not hold Seller liable for loss or damage attributed to negligence either in selecting the carrier or the warehouse or in agreeing with either of them to contract terms on Buyer's behalf. Should Buyer at any time prior to shipment wish to delay delivery of a substantially completed product, Seller is entitled to invoice Buyer on the previously established delivery date for the product and charge Buyer any associated storage costs.

Appears in 1 contract

Samples: support.lmipumps.com

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