Passing of risk. 1. Even where delivery has been agreed freight free, the risk shall pass to the Purchaser as follows:
(a) if the delivery does not include assembly or erection, at the time when it is shipped or picked up by the carrier. Upon the Purchaser's request, the Supplier shall insure the delivery against the usual risks of transport at the Purchaser's expense;
(b) if the delivery includes assembly or erection, at the day of taking over in the Purchaser's own works or, if so agreed, after a successful trial run.
2. The risk shall pass to the Purchaser if dispatch, delivery, the start or performance of assembly or erection, the taking over in the Purchaser's own works, or the trial run is delayed for reasons for which the Purchaser is responsible or if the Purchaser has otherwise failed to accept the Supplies.
Passing of risk. 1. The risk of accidental loss, destruction or deterioration passes on the basis “ex-works freeport Bremerhafen” (Incoterms 2000). If Goods are shipped directly from DIPSALES supplier to Customer passing of risk takes place "ex works supplier" (Incoterms 2000). Loading of Goods is always at Customer's risk.
2. lf DIPSALES arranges the transport of goods at the Customer's request, this will be done in the name of and for the account of the Customer. lf no specific method of transport is agreed, DIPSALES may select the method as it sees fit. DIPSALES does not guarantee to select the cheapest method. Xxxxx will be insured only at the Customer's request and at his expense against transport risks during transport.
3. lf an item is driven on a test run by the Customer or his representative before acceptance, the Customer will be liable for any damage suffered to it in the process, unless the damage is DIPSALES's fault.If
4. In case of delay of delivery of Goods as a result of circumstances for which Customer is responsible, passing of risk takes place when Goods are ready for delivery.
Passing of risk. 1. The risk of accidental loss devolves upon the Purchaser as soon as the goods are sent resp. remitted to the person effecting the transport. This also applies to the case that the Seller himself resp. his agents effect the transport. Any insurance against theft or other insurable risks shall be provided only upon demand of the Purchaser. Any costs arising therefrom shall be at the expense of the Purchaser only.
2. If consignment delays due to circumstances the Purchaser is responsible for, the risk of loss devolves upon the Purchaser by the day goods are ready for shipment; nevertheless, the Seller is prepared, on request and on cost of the Purchaser, to conclude all insurances Purchaser may demand.
3. Deliveries by instalments are allowed in acceptable extent.
Passing of risk. 5.1. The risk of accidental destruction or accidental damage to goods that are shipped to the customer at the customer’s request shall pass to the customer when the goods have been delivered to the shipping agent, and no later than when they leave the works or the warehouse, irrespective of whether shipment is made from the place of performance or who bears the freight costs.
5.2. If goods are ready for shipment and shipment or acceptance is delayed for reasons beyond ULTRATRONIK’s control, risk shall pass to the customer upon receipt of the notice of readiness for shipment. The customer shall bear all storage costs incurred over the period of the delay.
Passing of risk. 12.1 If nothing else agreed, the delivery has to be DDP.
12.2 The delivery paper has to contain the order num- ber and order date. In case of partial shipment, it has to be noted exactly. If not, the Agent takes re- sponsibility for delays in this reason.
Passing of risk. Delivery will be ex works, which will also be the place of performance. Upon request and at the expense of the contractual partner the goods are to be shipped to another destination (mail order purchase). The risk of accidental loss or accidental deterioration of the goods will pass to the contractual partner by the latest upon handover. How- ever, in the case of mail order purchase the risk of accidental loss or accidental deterioration of the goods as well as the risk of delay will already pass upon delivery of the goods to the shipping agent, carrier or other person or institution entrusted with shipment; where deliv- ery is performed by Silicon Software the risk will pass upon selection of the goods. Unless otherwise agreed Silicon Software has the right to determine the type of shipment (in particular transport company, delivery route, packaging). Where delivery is delayed or infeasible due to the fault of the contractual partner the risk will pass to the contractual partner upon notification of readiness for dispatch. Silicon Software GmbH Xxxxxx-Xxxx-Xxxx 00 00000 Xxxxxxxx Xxxxxxx CEO Xx. Xxxxxxx Xxx Fon +49.621.789507-0 Fax +49.621.789507-10 xxxx@xxxxxxx.xxxxxxxx xxxxx://xxxxxxx.xxxxxxxx
Passing of risk. 7.1 The risk of accidental loss and accidental deterioration shall pass to the ordering party when the deliveries were made available ready for unloading at the specified place of destination.
7.2 If shipment of the deliveries is delayed for reasons, for which the ordering party is responsible, or the ordering party defaults in acceptance for other reasons, the risk shall pass to the ordering party upon commencement of the delay. The contractor shall have the right to store the delivery items, concluding an insurance against storage risks at the expense of the ordering party.
7.3 The above provisions shall not apply if pricing is agreed, for which the INCOTERMS® 2010 including the modifications valid at the time the contract is concluded provide for a different provision with respect to the passing of risk.
7.4 If the ordering party defaults in acceptance of the deliveries or returns the delivery items without authorisation, the contractor can, after expiry of a period for acceptance set for the ordering party without result, request damages. These shall amount to 20% of the net contract value unless the contractor proves that damage is higher resp. the ordering party proves that damage is lower resp. that no damage exists for the contractor.
Passing of risk. 7.1 Unless otherwise set out in the order confirmation, delivery „ex works“ (EXW – Incoterms) is agreed.
7.2 Risk shall pass to the buyer as soon as the delivery is passed to the carrier, or the delivery has left our warehouse for the purpose of being dispatched. Should dispatch be delayed for reasons for which we are not responsible, risk shall pass to the buyer as soon as we have notified the buyer of readiness of dispatch.
Passing of risk. 1. Even where delivery has been agreed freight free, the risk shall pass to the Purchaser as follows:
(a) if the delivery does not include assembly or erection, at the time when it is shipped or picked up by the carrier. Upon the Purchaser's request, the Supplier shall insure the delivery against the usual risks of transport at the Purchaser's expense;
(b) if the delivery includes assembly or erection, at the day of taking over in the Purchaser's own works or, if so agreed, after a successful trial run.
2. The risk shall pass to the Purchaser if dispatch, delivery, the start or performance of assembly or erection, the taking over in the Purchaser's own works, or the trial run is delayed for reasons for which the Purchaser is responsible or if the Purchaser has otherwise failed to accept the Supplies Article VI: Assembly and Erection Unless otherwise agreed in written form, assembly and erection shall be subject to the following provisions:
1. Purchaser shall provide at its own expense and in due time:
(a) all earth and construction work and other ancillary work outside the Supplier's scope, including the necessary skilled and unskilled labor, construction materials and tools;
(b) the equipment and materials necessary for assembly and commissioning such as scaffolds, lifting equipment and other devices as well as fuels and lubricants;
(c) energy and water at the point of use including connec-tions, heating and lighting;
(d) suitable dry and lockable rooms of sufficient size adjacentto the site for the storage of machine parts, apparatus, materials, tools, etc. and adequate working and recreation rooms for the erection personnel, including sanitary facilities as are appropriate in the specific circumstances; furthermore, the Purchaser shall take all measures it would take for the protection of its own possessions to protect the possessions of the Supplier and of the erection personnel at the site;
(e) protective clothing and protective devices needed due to particular conditions prevailing on the specific site
2. Before the erection work starts, the Purchaser shall unsolicitedly make available any information required concerning the location of concealed electric power, gas and water lines or of similar installations as well as the necessary structural data.
3. Prior to assembly or erection, the materials and equipment necessary for the work to start must be available on the site of assembly or erection and any preparatory work must have advanced to such a d...
Passing of risk. Unless stated otherwise in the order confirmation, the delivery shall be "ex works". The risk shall pass to the customer with dispatch of the goods (ex works Waibstadt).