Common use of Title; Delivery Clause in Contracts

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. 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. 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 agreementOrder. 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 2010% 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, 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. 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 SellerBuyer’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. Time for delivery is of the essence of this Orderessence. For the purposes of this clause section 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 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 delayBuyer, 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. Buyer is responsible for any loss caused by the gross negligence of its employees before final acceptance. 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. 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 agreementOrder. 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 2010% 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, 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. 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 agreementOrder. 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 Buyer'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. 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 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). 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 XxxxxBuyer.

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. Unless this Order does not set forth the date on which delivery must be made at the latest, Seller shall be in default at the expiry of such date without a reminder being required. If Seller does not deliver Products in accordance with the delivery date on the Order, without prejudice Buyer shall be entitled to its other rights statutory claims and remediesrights. In addition, (a) Buyer may reject Xxxxx shall be entitled to claim liquidated damages caused by default in the Products, and (b) Seller shall pay Buyer, at Buyer’s option, either (i) the actual damages incurred by Buyer in respect amount of 0.25% of the delay, or (ii) four percent (4%) net Order price of the Order price for Products delivered latefor each calendar day delivery is not made in accordance with the Order (up to 205% of the total net price of the Order). Buyer reserves the right to prove that a higher loss has been incurred. Seller may prove that no damage or only considerably less damage has been incurred. 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 SellerBuyer’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. Transfer of title to the goods shall take place unconditionally and regardless of payment of the purchase price. Where in any individual case Buyer accepts Xxxxxx's offer being subject to payment of the purchase price, such reservation of title of Seller expires at the latest with payment of the purchase price for the delivered goods. Xxxxx is entitled to resell the goods within the ordinary course of business even prior to payment of the purchase price against advance assignment of the receivables resulting therefrom (precautionary applicability of a simple and - limited to the resale - prolonged retention of title). All further types of retention of title, in particular the extended and the forwarded retention of title and the prolonged retention of title applied to further processing are excluded.

Title; Delivery. 3.1. The Seller shall: a) ensure that the Goods are properly packed and secured in such manner as to enable them to reach their destination in good condition; and b) ensure that each delivery of the Goods is accompanied by a delivery note which shows the date of the Purchase Order, the Purchase Order number (if any) the type and quantity of Goods (including the code number of Goods where applicable), special storage instructions (if any) and, if the Goods are delivered by instalments, the outstanding balance of Goods remaining to be delivered. 3.2. Delivery of the Goods shall be made DDP to such location as the Buyer shall direct and in normal business hours (noting Buyer’s HQ1 is closed from 12 noon on Fridays) . For the avoidance of doubt carriage, customs duties, taxes and all other shipping expenses shall be paid for by the Seller. 3.3. Time for of delivery is shall be of the essence of this Orderthe Agreement. 3.4. For If the purposes Seller delivers less or more that the agreed quantity of this clause onlyGoods stated in the Purchase Order the Buyer may, at it sole discretion, reject the Goods or the excess Goods and any rejected Goods shall be returnable at the Seller’s risk and expense. 3.5. Title and risk to the Goods shall pass to the Buyer may include Buyer’s customerupon delivery. 3.6. If the Seller shall fails to deliver the Products on Goods and/or perform the Services by the delivery date set forth in Buyer’s Order. Buyer may reject Products delivered prior to the date set forth specified in the Order and Products that fail Purchase Order, the Buyer may, at its option: a) Refuse to meet accept any subsequent performance of the warranties in this agreement. If Seller believes that Services or delivery of the Products will be delayed, Goods which the Seller shall immediately inform Xxxxx attempts to make; b) Require a refund from the Seller of any sums paid in advance of the anticipated delayServices that remain unperformed and/or Goods that remain undelivered; c) Recover from the Seller the cost of acquiring alternative Goods or Services from another third party; d) claim damages for any additional costs, indicate losses and expenses which are incurred by the cause of delayBuyer in relation to the Seller’s inability to meet any delivery date; and e) terminate the Agreement with immediate effect upon notice to the Seller. 3.7. Additionally, and use its best efforts to cure if the anticipated delay. If Seller does Goods and/or Services are not deliver Products in accordance with delivered or performed by the delivery date on specified in the Purchase Order, without prejudice to the Buyer may, at its other rights and remedies, (option: 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 claim or deduct 5% of the delay, or (ii) four percent (4%) total price of the Purchase Order price for each day delivery is not made in accordance with the Order (week of delay by way of liquidated damages, up to a maximum of 20% of the total price of the Purchase Order). Seller shall adequately package all Products to prevent loss or damage during transit ; and b) should the maximum amount of liquidated damages be paid and shall comply with any packaging requirements provided by Buyer. Seller shall include a packing list with each delivery the Goods and/or Services remain undelivered, the Buyer may terminate the Agreement under the terms 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 Xxxxxclause 13.

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 twenty percent (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 installments unless expressly agreed in writing by Xxxxx.