Common use of Delivery and Passing of Risk Clause in Contracts

Delivery and Passing of Risk. If other modes of transport than “EXW” have been agreed, the risk of loss or damage shall pass to the Customer at the latest upon dispatch of the Goods. Transportation insurances shall only be concluded upon the Customer’s explicit instruction and at its own expense. If delivery is delayed due to circumstances within the Customer’s reasonable control, the price risk shall pass to the Customer at the date of notification of readiness for delivery. Without prejudice to its other rights, Mondi shall be entitled to invoice all costs arising due to such delay, including but not limited to internal or external warehousing costs starting from the notification of readiness to dispatch or to terminate/rescind the Contract with immediate effect and dispose of the Goods at its own discretion provided that an appropriate grace period notified in writing to the Customer announcing the intention to dispose of the Goods has expired with no results.

Delivery and Passing of Risk. If other modes of transport than “EXW” have been agreed, the risk of loss or damage shall pass to the Customer at the latest upon dispatch of the Goods. Transportation insurances shall only be concluded upon the Customer’s explicit instruction and at its own expense. If delivery is delayed due to circumstances within the Customer’s reasonable control, the price risk shall pass to the Customer at the date of notification of readiness for delivery. Without prejudice to its other rights, Mondi Nitto shall be entitled to invoice all costs arising due to such delay, including but not limited to internal or external warehousing costs starting from the notification of readiness to dispatch or to terminate/rescind the Contract with immediate effect and dispose of the Goods at its own discretion provided that an appropriate grace period notified in writing to the Customer announcing the intention to dispose of the Goods has expired with no results.