Common use of Use Restriction and Shipment Clause in Contracts

Use Restriction and Shipment. Except as expressly set forth in this Agreement, you will not (and will not allow any third party to) disassemble the Hardware. We will use commercially reasonable efforts to ship the Hardware on or before the quoted shipment date to you or our carrier agent at our facility or the facility of our contract manufacturer, at which time risk of loss and, if you have purchased the Volterra hereunder, title, will pass to you. In the absence of specific shipping instructions from you, we will choose the method of shipment in its discretion. You will pay all freight, insurance, and other shipping expenses. We will notify you of any anticipated or actual delay in delivery. Notwithstanding the foregoing, we shall not be liable for any liability, loss, damage, cost or expense incurred by you or any other person or entity arising form or related to any failure by us to complete deliver of the Hardware. The Hardware will be deemed accepted upon delivery to you.