Title, Risk of Loss or Damage Sample Clauses

Title, Risk of Loss or Damage. Not withstanding any provision of Article 10, Supplier retains title to the products until such title is transferred pursuant to the applicable INCO terms (2000). Supplier shall be responsible for any loss or damage to Product due to Supplier’s failure to properly preserve, package, or handle the Product. Notwithstanding any prior inspection, Supplier will bear all risk of loss, damage or destruction to the Products until delivery to the specified delivery location; provided that Supplier shall not be liable for any damage to rejected Products caused by the gross negligence or willful conduct of Sun’s employees acting within the scope of their employment.
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Title, Risk of Loss or Damage. All Printheads shall be shipped F.O.B. RICOH’s dock, freight collect. Title for Printheads purchased by LICENSEE shall pass only upon payment in full for the Printheads. Risk of loss or damage to Printheads shall pass to LICENSEE upon delivery to the carrier at the F.O.B. point.
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Title, Risk of Loss or Damage. The Product shall remain the property of Seagate unless and until paid for in full. Licensee will not relocate the Product from the ship-to address or make alterations to the Product without the prior written consent from a Seagate senior director for the relevant product. Responsibility for risk of loss or damage to the Product shall remain with the Licensee while such product is within Licensee’s possession. Licensee shall (b) establishing back-up plans; (c) implementing procedures to satisfy Licensee’s requirements for security, accuracy of input and output, and re-start and recovery in the event of a Product malfunction; (d) ensuring that the Product is secure and not accessed or used by any third party and (e) ensuring that the Product is compatible with Licensee’s own hardware and software. In the event of damage, missing or incomplete parts, Licensee agrees to pay Seagate for the cost of repair and refurbishment to return Product to a saleable state.
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Title, Risk of Loss or Damage. The Product shall remain the property of Seagate unless and until paid for in full. Licensee will not relocate the Product from the ship-to address or make alterations to the Product without the prior written consent from a Seagate senior director for the relevant product. Responsibility for risk of loss or damage to the Product will pass to the Licensee when it reaches Licensee’s premises and shall remain with the Licensee until it leaves Licensee’s premises. Licensee shall be solely responsible for: (a) operation methods and audit controls; (b) establishing back-up plans; (c) implementing procedures to satisfy Licensee’s requirements for security, accuracy of input and output, and re-start and recovery in the event of a Product malfunction; (d) ensuring that the Product is secure and not accessed or used by any third party and (e) ensuring that the Product is compatible with Licensee’s own hardware and software. In the event of damage, missing or incomplete parts, Licensee agrees to pay Seagate for the cost of repair and refurbishment to return Product to a saleable state.
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Title, Risk of Loss or Damage. ESP takes title and assumes all risk of loss or damage to the Products upon delivery to a common carrier of Intuit’s choice. A third party shipper’s data (in electronic or other format) showing successful delivery of Products to ESP shall constitute conclusive evidence of delivery. In the absence of such proof of delivery from shipper, the xxxx of lading from any Intuit warehouse shall constitute conclusive evidence of the delivery of Products to carrier. ESP shall be responsible for insurance costs and for filing lost or damaged shipment claims.
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Title, Risk of Loss or Damage. Seller assumes all risk of loss until Purchaser's receipt of Goods, or, in the event Goods are to be installed by or on behalf of Seller, until completion of installation and testing to the satisfaction of Purchaser. Seller shall have risk of loss of, or damage to, such products and any Purchaser property used by or loaned to Seller during the time that Seller has custody of such items. Title to Goods will pass to Purchaser upon Purchaser's receipt. If Goods are destroyed or damaged prior to title passing to Purchaser, Purchaser may cancel this Purchase Order or require prompt delivery of substitute Goods of equal quantity and quality.
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Title, Risk of Loss or Damage. Title to the System and all of its components shall remain in the name of Company until Customer has paid for the System in full, at which time it shall become the property of the Customer. Upon completion of installation, all risk of loss shall pass from to Customer, regardless of whether it has been paid in full for such installation. Company or any subcontractor engaged by Company to perform work or furnish materials who is not paid may have a claim against the Customer or owner of the premises which may be enforced under the applicable laws, which may include placing and enforcing mechanic’s liens upon the real property at which the System is to be installed.
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Title, Risk of Loss or Damage. For the purposes of risk of loss and damage only, QSP takes title and assumes all risk of loss or damage to physical Products, any storage media, and packaging containing physical Products and un-activated licenses, upon delivery to a common carrier of Intuit’s choice. A third party shipper’s data (in electronic or other format) showing successful delivery of Intuit Products to QSP shall constitute conclusive evidence of delivery. In the absence of such proof of delivery from shipper, the xxxx of lading from any Intuit warehouse shall constitute conclusive evidence of the delivery to carrier. QSP shall be responsible for insurance costs and for filing lost or damaged shipment claims. In the case of Intuit software that is delivered electronically or made accessible from the Web, title and risk of damages shall pass to QSP immediately when Intuit posts, sends, or makes such Intuit software available online.
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Related to Title, Risk of Loss or Damage

  • 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.

  • 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; Risk of Loss (a) Parent shall cause the ----------------------- Companies to keep insurance policies currently maintained by the Companies covering their respective businesses, assets and current or former employees, as the case may be, or suitable replacements therefor, in full force and effect through the close of business on the Closing Date. To the extent that after the Closing any party hereto requires any information regarding claim data, payroll or other information in order to make filing with insurance carriers or self insurance regulators from another party hereto, the other party will promptly supply such information. (b) Anything to the contrary notwithstanding, from and after the Closing Date, Parent shall, and shall cause the Sellers to, remain solely responsible for any and all collateral, bonding and guarantees, relating to or arising in connection with any and all workers' compensation, general liability, automobile liability and employee medical claims or policies of the Companies relating to occurrences on or prior to the Closing Date. From and after the Closing Date, Buyer shall be responsible to continue at its expense the administration of any claim or loss covered, or which is the subject of a representation letter or being defended under a reservation of rights, under any worker's compensation or liability policy maintained by Parent or its Affiliates on or prior to the Closing Date. (c) Parent shall each use its reasonable best efforts to (i) acquire for a period of five years after the Closing Date extended reporting period coverage with respect to the liability policies set forth in Schedule 8.4 to ------------ cover claims made after the Closing Date which are based on acts, errors or omissions which occur prior to the Closing Date (the "Tail Policies") and cause ------------- Buyer to be named as an additional insured with respect to the Tail Policies, and (ii) cause Buyer to be named as an additional insured for the five year period prior to the Closing Date with respect to each occurrence-based liability policy maintained by Parent or its Affiliates with respect to the Companies as of the Closing Date. Parent and Buyer shall each pay one-half of the cost of the Tail Policies and of Buyer's being so named as an additional insured.

  • Loss or Damage The District and its agents and authorized representatives shall not in any way or manner be answerable or suffer loss, damage, expense, or liability for any loss or damage that may happen to the Work, or any part thereof, or in or about the same during its construction and before acceptance, and the Contractor shall assume all liabilities of every kind or nature arising from the Work, either by accident, negligence, theft, vandalism, or any cause whatsoever; and shall hold the District and its agents and authorized representatives harmless from all liability of every kind and nature arising from accident, negligence, or any cause whatsoever.

  • 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.

  • 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.

  • 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.

  • Loss or Destruction Upon receipt of evidence satisfactory to the Company of the loss, theft, destruction, or mutilation of this Warrant Certificate and, in the case of any such loss, theft or destruction, upon delivery of an indemnity agreement or bond satisfactory in form, substance and amount to the Company or, in the case of any such mutilation, upon surrender and cancellation of this Warrant Certificate, the Company at its expense will execute and deliver, in lieu thereof, a new Warrant Certificate of like tenor.

  • Personal Property Damage Upon submission of reasonable proof the Employer shall repair or indemnify with respect to damage to the chattels of an employee while on duty caused by the actions of a patient, resident or client provided such personal property is an article of use or wear of a type suitable for use while on duty.

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