Delivery and Risk Sample Clauses

Delivery and Risk. 7.1 Unless otherwise stated in the Order, the price quoted includes delivery to the address specified in the Order.

Delivery and Risk. (a) Supplier will deliver the Products and/or Services in accordance with the delivery dates specified in the Contract. The delivery terms for the Products shall be EXW (Incoterms 2010) Supplier's warehouse or as otherwise specified in the Contract. Risk in the Products shall pass to Customer upon delivery. (b) All dates and times specified to Customer for delivery and installation of the Products or the provision of Services are estimates only and the time of delivery is not of the essence. Supplier shall not have any liability for delay or for any damages or losses sustained by Customer as a result of such dates or times not being met. Customer shall not be entitled to refuse acceptance of the Products or Services as a consequence of such delay. (c) Supplier reserves the right to make deliveries in instalments. Delay or other default in relation to a particular instalment shall not entitle Customer to cancel any other instalment nor to relieve Customer of its obligations to accept delivery and pay for other instalments. (d) Supplier may in its absolute discretion withhold delivery of the Products and/or supply of the Services pending payment of any sum due from Customer to Supplier. (e) Customer shall inspect the Products immediately upon delivery or collection, and Customer shall notify Supplier in writing of any matter or thing by reason of which Customer states that the Products are not in accordance with the contract. If Customer fails to give such notice within ten (10) days, it shall be conclusively presumed that Customer has accepted the Products and that the Products are in accordance with the contract, and Customer shall have no right to reject the Products. (f) Customer must make all claims for shipment shortages to Supplier in writing within ten (10) days of the date of delivery. (g) If Customer does not accept delivery of a consignment of Products in accordance with the Contract: (i) Supplier shall be entitled to claim payment in accordance with clause 11 for the Products refused; and (ii) the Products refused shall be in all respects at Customer's risk; and (iii) the cost of storing the Products shall be borne by Customer.

Delivery and Risk. 6.1 Unless otherwise agreed in writing by Ingredion, delivery is at the Ingredion’s nominated store. All freight from Ingredion’s premises to the Buyer is based on the Incoterm rules as agreed between both parties from time to time. If Ingredion arranges the carriage of the goods for delivery to the Buyer, Ingredion will be deemed to contract as agent for the Buyer, and the Buyer will bear all risks with respect to the goods during carriage and will likewise be responsible for effecting any insurance of the goods during carriage. Ingredion may charge a reasonable handling fee for all orders delivered to the Buyer. The Buyer indemnifies Ingredion for cost of all transport arranged by Ingredion on the Buyer’s behalf. 6.2 Buyer must furnish complete shipping instructions for each delivery of Goods in sufficient time to enable Ingredion to perform its obligations under this Agreement. Ingredion is not obligated to make shipment in absence thereof. In the absence of such information, the destination routing of shipments and any other shipping instructions will be at Ingredion’s option where, pursuant to clause 6.1, Ingredion arranges delivery as agent of the Buyer. 6.3 Risk of damage to, or loss of, the Goods passes immediately on the earlier of delivery to the Buyer or into the Buyer’s custody, including its carrier or forwarder at the time of delivery. 6.4 Buyer must examine the Goods on delivery and notify Ingredion of any defect which is reasonably apparent within seven (7) days of delivery. Where Buyer discovers a defect which is not reasonably apparent, Buyer must stop using the Goods immediately and notify Ingredion within seven (7) days. 6.5 Buyer must provide all necessary assistance to allow Ingredion to investigate such defects. Buyer must in all cases perform quality control checks on all Goods and if requested provide Ingredion with a copy the quality control report. 6.6 If the Buyer fails to notify a claim in accordance with clause 6.4 then, to the extent permitted by law, the Goods are deemed to have been accepted by the Buyer and the Buyer must pay for the goods or services in accordance with these terms and conditions. 6.7 Buyer agrees that the Goods are acquired for the purpose of resale or using them up or transforming them in the manufacture of another product.

Delivery and Risk. 7.1 Unless otherwise agreed, the Buyer shall be responsible for the cost of and arranging transportation of the Goods. 7.2 Where the Seller has agreed to deliver the Goods to the Buyer, the delivery costs will be payable by the Buyer at the prevailing rate on the date the Goods are ordered. The Seller shall use reasonable endeavours to ensure that delivery of the Goods is made according to schedule, but shall not be responsible for delivery delays due to causes beyond the Seller’s control. 7.3 Risk in respect of the Goods shall pass to the Buyer when the Goods are delivered to the Buyer or its carrier, or at the time the Buyer pays for the Goods, whichever is the earlier. 7.4 It is the Buyer’s responsibility to insure the Goods while in transit, even if the Seller has arranged transportation of the Goods.

Delivery and Risk. 5.1 Any times for delivery are estimates only and although the Seller will use all reasonable efforts to deliver the Products in accordance with the times specified, time is not of the essence. 5.2 The risk in the Products shall pass to the Buyer on delivery of the Products to the Buyer by the Seller. 5.3 The Buyer shall examine the Products upon delivery and notify the Seller within 3 working days after the delivery in the event of any damage or non-conformance of the Products. The Products and/or Services shall be deemed to be of satisfactory quality, without defect and accepted if the Buyer fails to examine the Products in accordance with this clause.

Delivery and Risk a) The risk in respect of all goods supplied under the Contract shall pass to the Customer upon the goods being delivered to the Customer as provided in the Contract or in accordance with the Customer's delivery instructions but notwithstanding such delivery, the property in the goods shall not pass to the Customer except as provided in Condition 5 unless otherwise agreed in writing. The Company shall on behalf of the Customer and at the Customer's expense arrange for the carriage of the goods and the carrier selected by the Company shall be the agent of the Customer. Delivery to the carrier will, in such circumstances constitute delivery to the Customer. The Company shall not be liable for any damage or loss occurring after the goods have been delivered to the Customer as aforesaid. b) Where damage or loss occurs to the goods before delivery thereof to the Customer in accordance with paragraph 4a above, the Company undertakes to replace or (at its discretion) to repair free of charge any goods damaged or lost in transit to the contracted place of delivery in which event the time for delivery of the damaged or lost goods shall be extended for such period as the Company shall reasonably require for such replacement or repair. c) Conditions precedent to the Company's undertaking to repair or replace under paragraph 4b above are: (i) that the Customer shall have given written notice of such damage or loss with reasonable particulars thereof to the Company and to the carrier if other than the Company within three days of the receipt of the goods or in the case of total loss within fourteen days of receipt of the Company's or the carrier's delivery advice or other notification of despatch and (ii) that the Customer, if requested by the Company to do so, shall have returned in the case of damaged goods such goods to the Company's Works within one month or receipt thereto. d) Save as expressly provided in this Condition, the Company shall not have any liability whatsoever or in connection with any damage to or loss of the goods in transit to the contracted place of delivery. e) Where the goods are not manufactured by the Company and are delivered direct to the customer by, or collected by the Customer from, the manufacturer the Company shall not be liable for any loss or damage to the goods whatsoever or whensoever occurring.

Delivery and Risk. 6.1 The delivery time will start only when the Agreement has come into effect, if all conditions for the implementation of the Agreement have been met and the Purchaser has complied with its payment obligations. 6.2 The delivery date as stated in the Agreement is approximate only and is not a final deadline. BoTemp is not liable for damage as a result of a delivery or execution of services on a later date. 6.3 In the event of extra work, the delivery time is extended by the time needed to have the required materials and parts delivered and to execute the extra work. 6.4 BoTemp shall inform the Purchaser in writing if the expected delivery date is exceeded by more than four weeks and shall indicate a new expected delivery date. The Purchaser is entitled to terminate the Agreement only if the new delivery date is more than six months later than the original delivery date and BoTemp has not made available a replacement climate product, and the Purchaser has given written notice of default to BoTemp. 6.5 If the delay in delivery or work is the result of circumstances not attributable to BoTemp, the right of the Purchaser to terminate the Agreement lapses and no claim can be made against BoTemp to comply with the Agreement. 6.6 If the delivery date is exceeded, the Purchaser will not be entitled in any way whatsoever to damages, unless explicitly agreed otherwise. The Purchaser indemnifies BoTemp against any claim of third parties. 6.7 The delivery of the climate product, the materials, the options and/or the accessories to the Purchaser shall take place from the workplace of BoTemp at the risk and expense of the Purchaser. Unless agreed to the contrary, BoTemp is entitled to make deliveries cash on delivery. 6.8 If the Purchaser does not accept the climate product, the materials, the options and/or the accessories for whichever reason, he is nevertheless obliged to pay the price agreed upon and the risk of loss or damage will pass to the Purchaser. In that case, BoTemp shall put the climate product, the materials, the options and/or the accessories into storage at the expense of the Purchaser. The Purchaser is also liable for damage and/or costs arising from such non-acceptance. 6.9 The Purchaser is obliged to insure the climate product, the materials, the options and/or the accessories at its own expense with an insurance company with a good reputation as of the time the risk passes from BoTemp to the Purchaser. 6.10 After the actual delivery has taken place,...

Delivery and Risk. 5.1 We will use our best endeavours to deliver the Software to you on the Preferred Delivery Date however, we will not be responsible for any delay or failure to do so. 5.2 We will arrange delivery of the Software to the delivery address set out in the Order but if the Software is damaged in any way during transportation or delivery then our liability is limited to replacing it if we believe that is required. We will not be responsible for any costs or losses resulting from delays due to the need for the replacement of the Software. 5.3 Risk of damage to, or loss or theft of, the Software (and the need to insure it) passes to you once the Software is delivered irrespective of whether the Software is installed or not.

Delivery and Risk. 9.1 The COMPANY does not warrant that the vehicle will be available to the HIRER at any stipulated or prearranged hour or date and the HIRER shall have no claims for loss, inconvenience or damage arising from any late delivery. The HIRER hereby indemnifies the COMPANY against all claims instituted by third parties which emanate from such late delivery; 9.2 The COMPANY shall not be obliged to place another vehicle at the disposal of the HIRER in the event of the vehicle being damaged, stolen or rendered unfit for use. 9.3 Notwithstanding that the vehicle is driven by a driver employed by the COMPANY, all risks and responsibilities in regard to the operation of the vehicle are transferred to the HIRER on commencement of the contract period and shall remain in effect until the vehicle is returned to the COMPANY; 9.4 The HIRER hereby acknowledges that the vehicle was delivered to him by the COMPANY: 9.4.1 In good order and repair with all its accessories and appurtenances in working order, and in a roadworthy condition; and 9.4.2 With its radiator, oil reservoirs, and petrol tank properly filled, and the HIRER undertakes that until the vehicle is returned to the COMPANY he will maintain, at his own expense, a sufficient quantity of water and oil in the engine of the vehicle; 9.4.3 Complete with spare wheel, xxxx, wheel brace and triangles. 9.5 The HIRER indemnifies and holds the COMPANY harmless against all claims of whatsoever nature and howsoever arising which may be made against the COMPANY resulting from the use of the vehicle or the manner in which it is driven while it is in the possession of the HIRER, including claims which may be attributable to acts or omissions of the COMPANY its employees, agents or servants. 9.6 The HIRER hereby absolves the COMPANY from any liability arising from the malfunctioning of the vehicle.

Delivery and Risk. 5.1 Unless otherwise agreed in writing: (a) the Company will arrange for transport of the Goods to the Purchaser’s specified delivery point; (b) the Company is entitled to charge the fee for such transport set out in the Headland Machinery Contract Specific Terms and Conditions as the “delivery fee”; (c) the Purchaser must pay the delivery fee upon delivery of the Goods; (d) the Purchaser is responsible for unloading the Goods from the transport vehicle; (e) the Purchaser indemnifies the Company against any loss or damage suffered by the Company, its sub-contractors or employees as a direct result of delivery, except where the Purchaser is a consumer and the Company has not used due care and skill; and (f) if no delivery point has been specified by the Purchaser, the Purchaser must collect the Goods from the Company’s premises within 7 days of the Company notifying the Purchaser that the Goods are ready for collection. 5.2 Subject to clause 5.5(b) and 5.6(b), delivery of the Goods is deemed to occur: (a) in the case of transport to the Purchaser’s specified delivery point, upon the commencement of the unloading of the Goods from the transport vehicle; (b) in the case of collection by the Purchaser from the Company’s premises, upon the commencement of the loading of the Goods onto the Purchaser’s vehicle. 5.3 Subject to clause 5.7, the risk in the Goods and all insurance responsibility for theft, damage or otherwise will pass to the Purchaser immediately on delivery of the Goods pursuant to clause 5.2. 5.4 Unless otherwise agreed in writing, the Company is entitled to deliver the Goods in one or more lots and may invoice the Purchaser for the Goods and Installation Services provided. 5.5 If the Company notifies the Purchaser that the Goods are ready for transport or collection and the Purchaser requests the Company to hold the Goods: (a) the Company will hold the Goods; (b) delivery shall be deemed to have occurred and the Goods will be at the Purchaser’s risk from the time of the Purchaser’s request; and (c) the Company is entitled to charge storage fees in respect of the Goods so stored.