Title, Risk of Loss and Delivery. Provider, its Affiliates and/or its licensors own the title to all Software. Title and risk of loss to an Appliance shall pass from Provider to Customer upon shipment (unless the Appliance is rented, leased or loaned to Customer). Delivery of Products shall be by electronic download or FCA (Provider’s Dublin office) ICC Incoterms (2020).
Title, Risk of Loss and Delivery. If conditions arise which prevent compliance with delivery schedules, 3D Systems will not be liable for any damage or penalty for delay in delivery, or for failure to give notice of delay. However, 3D Systems will use all reasonable efforts to give notice of delays. Delays will not be grounds for cancellation. Delivery occurs Ex Works on the actual shipping date, and title and the risk of loss transfer to Customer upon shipment. Freight and insurance will be prepaid and invoiced unless otherwise specified on the face hereof.
Title, Risk of Loss and Delivery. Quest, its Affiliates and/or its suppliers own the title to all Software. Title and risk of loss to an Appliance shall pass from Quest to Customer upon shipment (unless the Appliance is rented, leased or loaned to Customer). Delivery of Products shall be by electronic download or FOB Shipping Point.
Title, Risk of Loss and Delivery. 2.1 As of the date of each Transaction, Seller represents and warrants that it has good title free and clear of any liens or encumbrances to Product sold and delivered hereunder, and that Seller has full right and authority to transfer such title and effect delivery of such Product to Buyer. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, SELLER AGREES TO INDEMNIFY, DEFEND AND HOLD BUYER HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, AND DAMAGES (INCLUDING, FOR CLARITY, REASONABLE ATTORNEY’S FEES AND OTHER LEGAL COSTS AND EXPENSES), ARISING FROM ANY CLAIM OR DEMAND BY REASON OF ANY FAILURE OF SUCH TITLE OR BREACH OF THIS WARRANTY.
2.2 “Free on Board” or “FOB,” “Cost and Freight” or “CFR,” or “C&F,” “Cost, Insurance and Freight” or “CIF,” “Carriage Paid To” or “CPT,” “Ex Works” or “EXW” shall all have the meaning ascribed to such terms in Incoterms-2020 edition for waterborne purchases and sales and the Uniform Commercial Code, as adopted by the State of New York and in effect on the date of the applicable Transaction, for truck and rail deliveries.
Title, Risk of Loss and Delivery. 2.1 As of the date of each Transaction, Seller represents and warrants that it has good title free and clear of any liens or encumbrances to Product sold and delivered hereunder, and that Seller has full right and authority to transfer such title and effect delivery of such Product to Buyer. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, SELLER AGREES TO INDEMNIFY, DEFEND AND HOLD BUYER HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, AND DAMAGES (INCLUDING, FOR CLARITY, REASONABLE ATTORNEY’S FEES AND OTHER LEGAL COSTS AND EXPENSES), ARISING FROM ANY CLAIM OR DEMAND BY REASON OF ANY FAILURE OF SUCH TITLE OR BREACH OF THIS WARRANTY.
2.2 “Free on Board” or “FOB,” “Cost and Freight” or “CFR,” or “C&F,” “Cost, Insurance and Freight” or “CIF” shall all have the meaning ascribed to such terms in Incoterms-2010 edition, for waterborne purchases and sales, and the Uniform Commercial Code, as adopted by the State of New York and in effect on the date of the applicable Transaction, for truck and rail deliveries. For FOB, CFR and CIF waterborne purchases and sales, title and risk of loss shall pass from Seller to Buyer as Product passes the Vessel’s permanent manifold flange at the load port.
2.3 “Delivered at Place” or “DAP” and “Delivered at Terminal” or “DAT” shall all have the meaning ascribed to such terms in Incoterms-2010 edition. Title and risk of loss of Product shall pass when the goods, once unloaded from the arriving means of transport are placed at the disposal of the Buyer at a named terminal at the named port or place of destination.
Title, Risk of Loss and Delivery. 3.1 Title and risk of loss to the Product shall pass from Seller to Buyer upon completion of delivery. Seller shall not be liable to Buyer for reductions in quantity or degradation of quality of Product that occurred after the transfer of risk of loss, which shall be at Buyer’s sole risk and expense.
3.2 When delivery is point of origin, delivery shall be deemed to have been completed: (a) To ships or barges when the Product has passed the Vessel’s loading flange; (b) To tank cars when the Product enters the tank cars loading connection point;
Title, Risk of Loss and Delivery. Title and risk of loss to Product delivered shall pass from Seller to Buyer or from Delivering Party to Receiving Party at the point of delivery set forth in The Agreement.
Title, Risk of Loss and Delivery. 2.1 As of the date of each Transaction, Seller represents and warrants that it has good title free and clear of any liens or encumbrances to Coke sold and delivered hereunder, and that Seller has full right and authority to transfer such title and effect delivery of such Coke to Buyer. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, SELLER AGREES TO INDEMNIFY, DEFEND AND HOLD BUYER HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, AND DAMAGES (INCLUDING, FOR CLARITY, REASONABLE ATTORNEY’S FEES AND OTHER LEGAL COSTS AND EXPENSES), ARISING FROM ANY CLAIM OR DEMAND BY
2.2 The terms “Free on Board” or “FOB,” “Cost and Freight” or “CFR,” or “C&F,” “Cost, Insurance and Freight” or “CIF” shall all have the meaning ascribed to such terms in Incoterms-2010 edition for waterborne purchases and sales and the Uniform Commercial Code, as adopted by the State of New York and in effect on the date of the applicable Transaction, for truck and rail deliveries.
Title, Risk of Loss and Delivery. 2.1 As of the date of each Transaction, Seller represents and warrants that it has good title free and clear of any liens or encumbrances to Coke sold and delivered hereunder, and that Seller has full right and authority to transfer such title and effect delivery of such Coke to Buyer. SELLER AGREES TO INDEMNIFY, DEFEND AND HOLD BUYER HARMLESS FROM AND AGAINST ANY LOSS, CLAIM OR DEMAND BY REASON OF ANY FAILURE OF SUCH TITLE OR BREACH OF THIS WARRANTY.
2.2 The terms “Free on Board” or “FOB,” “Cost and Freight” or “CFR,” or “C&F,” “Cost, Insurance and Freight” or “CIF” shall all have the meaning ascribed to such terms in Incoterms-2010 edition for waterborne purchases and sales and the Uniform Commercial Code, as adopted by the State of New York and in effect on the date of the applicable Transaction, for truck and rail deliveries.
Title, Risk of Loss and Delivery. 2.1 The Equipment will be shipped within a reasonable time after the date of this Agreement and may be shipped via multiple shipments. Title and risk of loss passes to Buyer upon shipment of the Equipment.
2.2 Seller shall use its standard methods for packaging and shipping to deliver the Equipment at 00000 X. Xxxxx Xxx 000, Xxxxxxx, XX 641(3th8e "Delivery Point") and Buyer shall accept delivery of the Equipment at the Delivery Point.
2.3 If for any reason Buyer fails to accept delivery of the Equipment on the date fixed pursuant to Seller's notice that the Equipment has been delivered at the Delivery Point, or if Seller is unable to deliver the Equipment at the Delivery Point on such date because Buyer has not provided appropriate instructions, documents, licenses or authorizations: (i) risk of loss to the Equipment shall still pass to Buyer upon shipment; and (ii) the Equipment shall be deemed to have been delivered.
2.4 It is the Buyer’s responsibility to schedule the installation of the Equipment with Seller’s service team and to provide Seller with the address where the Equipment is to be installed, if different than the Delivery Point. Buyer shall provide Seller 30 days’ notice prior to Buyer’s desired install date.
