DELIVERY AND TITLE. A. The place of delivery for all Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards.
B. Seller shall be responsible at all times for the quantity, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant.
C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer.
D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxx...
DELIVERY AND TITLE. 3.1 The delivery dates and addresses are those in the Order. Time shall be of the essence in respect of the Supplier/Service Provider’s obligations under the Order.
3.2 The Supplier/Service Provider will not be excused for delay in delivery or performance except due to circumstances outside its control and then only subject to the Supplier/Service Provider having notified Transnet in writing on becoming aware of such circumstances. Transnet may terminate an Order, in whole or in part, without incurring any liability to the Supplier/Service Provider if such a delay becomes, in Transnet’s absolute opinion, significant.
3.3 If on delivery, the Goods/services do not conform to the Order, Transnet may reject the Goods/Services and the Supplier/Service Provider shall promptly rectify any defects or in Transnet’s opinion, supply appropriate replacement Goods/Services at the Supplier/Service Provider’s expense within the specified delivery times, without any liability due by Transnet.
DELIVERY AND TITLE. 3.1 The delivery dates and addresses are those in the Order. Time shall be of the essence in respect of the Supplier/Service Provider’s obligations under the Order.
3.2 The Supplier/Service Provider will not be excused for delay in delivery or performance except due to circumstances outside its control and then only subject to the Supplier/Service Provider having notified Transnet in writing on becoming aware of such circumstances. Transnet may terminate an Order, in whole or in part, without incurring any liability to the Supplier/Service Provider if such a delay becomes, in Transnet’s absolute opinion, significant.
DELIVERY AND TITLE. 3.1 The delivery dates and addresses are those in the Order. Time shall be of the essence in respect of the Supplier/Service Provider’s obligations under the Order.
3.2 The Supplier/Service Provider will not be excused for delay in delivery or performance except due to circumstances outside its control and then only subject to the Supplier/Service Provider having notified Transnet in writing on becoming aware of such circumstances. Transnet may terminate an Order, in whole or in part, without incurring any liability to the Supplier/Service Provider if such a delay becomes, in Transnet’s absolute opinion, significant.
3.3 Risk of loss or damage to Goods shall pass to Transnet on delivery, and title shall pass to Transnet when payment to the Supplier for the Goods has been effected
3.4 If on delivery, the Goods/services do not conform to the Order, Transnet may reject the Goods/Services and the Supplier/Service Provider shall promptly rectify any defects or in Transnet’s opinion, supply appropriate replacement Goods/Services at the Supplier/Service Provider’s expense within the specified delivery times, without any liability due by Transnet. Goods shall be subject to such testing and/or inspection as Transnet may consider necessary.
DELIVERY AND TITLE. Prices set forth in this order of this Contract are for shipment according to the following terms: (i) For all shipments Supplier will own the Goods from its manufacturing facility to Buyer’s named place of delivery and title shall not pass and delivery shall not be deemed to occur until Xxxxx has received the Goods at the final destination specified by Buyer. All risk of loss during carriage/transportation shall be the responsibility of Supplier, and the Goods will be considered delivered only upon receipt at Buyer’s facility in conformance with the terms and conditions of this order and risk will only pass to Buyer on delivery. Buyer has no obligation to obtain insurance while the Goods are in transit from the Supplier’s facility to Buyer’s named place of delivery. Supplier will use Buyer’s preferred carrier for transporting the Goods from Supplier’s facility to Buyer’s named place of delivery.
DELIVERY AND TITLE. 3.1 The delivery dates and addresses are those in the Order. Time shall be of the essence in respect of the Service Provider’s obligations under the Order.
3.2 The Service Provider will not be excused for delay in delivery or performance except due to circumstances outside its control and then only subject to the Service Provider having notified Transnet in writing on becoming aware of such circumstances. Transnet may terminate an Order, in whole or in part, without incurring any liability to the Service Provider if such a delay becomes, in Transnet’s absolute opinion, significant.
3.3 Risk of loss or damage to Goods shall pass to Transnet on delivery, and title shall pass to Transnet when payment to the Supplier for the Goods has been effected.
3.4 If on delivery, the Goods and services do not conform to the Order, Transnet may reject the Goods and Services and the Service Provider shall promptly rectify any defects or in Transnet’s opinion, supply appropriate replacement Goods and Services at the Service Provider’s expense within the specified delivery times, without any liability due by Transnet. Goods shall be subject to such testing and/or inspection as Transnet may consider necessary.
DELIVERY AND TITLE. All deliveries will be made “EXWORKS” place of shipment. Title and risk of loss pass to the Buyer upon delivery of the Product to the carrier. Seller’s delivery dates are estimates only and Seller is not liable for delays in delivery or for failure to perform due to causes beyond the reasonable control of the Seller, nor shall the carrier be deemed an agent of the Seller. A delayed delivery of any part of an Order does not entitle Buyer to cancel other deliveries.
DELIVERY AND TITLE. Unless otherwise stated in a Purchase Order, all goods ordered shall be shipped FCA Seller’s Facility Incoterms 2010, and Buyer shall pay all transportation charges via the Collect account numbers provided per Purchase Order. No insurance charges will be allowed, unless Buyer or Buyer’s Agent otherwise authorizes. Buyer assumes risk of loss upon shipment. Title to the goods shall pass to Buyer upon arrival of such goods at the specified delivery location, subject to Buyer’s acceptance and inspection of the goods in accordance with Article 8, Inspection and Acceptance; Nonconforming Goods, below. Should Seller fail to comply with the delivery schedule, as stated in a Purchase Order or otherwise, Buyer may, in addition to any other rights which Buyer may have, require delivery by the fastest available means at the Seller’s expense. Seller shall prepay and be solely responsible for any transportation charges and assumes risk of loss resulting from any alternate or unauthorized mode of transportation.
DELIVERY AND TITLE. Most software Products shall be delivered to Client via electronic download. For those that are not, and for all hardware products, all shipments by Winmill are F.O.B. Origin (Xxxxxxx’x facility or the facilities of any Winmill supplier) and all transportation charges shall be paid by Client in addition to the price of the Products. Subject to Xxxxxxx’x right of stoppage in transit, delivery of the Products to the carrier shall constitute delivery to Client and title and risk of loss shall thereupon pass to Client. Selection of the carrier and delivery route shall be made by Winmill unless specified by Client. Winmill shall use commercially reasonable efforts to initiate shipment and schedule delivery as close as possible to Client’s requested delivery dates. Client acknowledges that delivery dates provided by Winmill are estimates only and that Winmill is not liable for failure to deliver on such dates, provided that Winmill will use commercially reasonable efforts to inform Client of delivery status. Winmill reserves the right to make deliveries in installments. Delivery of a quantity which varies from the quantity specified shall not relieve Client of the obligation to accept delivery and pay for the Products delivered. Delay in delivery of one installment shall not entitle Client to cancel other installments.
DELIVERY AND TITLE. 6.1 Company shall, at all times, have and retain sole title to the Company's Materials, work in process and Deliverables. Company's Materials or other materials provided to Seller by, or on behalf of, Company are consigned to Seller solely for purposes of the Contract and remain Company's (or its customer's, as the case may be) property. At Company's request, Seller will execute such other assurances and instruments as Company may deem necessary or advisable to protect its interests in Company's Materials and Deliverables and/or other property of Company.
6.2 Seller shall not grant or purport to grant any lien, encumbrance or security interest over the Company's Materials, work in process or Deliverables.
6.3 Seller shall have all risk of loss and liability for loss of or damage to Company's Materials, from the time it passes Seller's receiving gate and for all work in process and Deliverables until delivery of the Deliverables by Seller.
6.4 For so long as the Company's Materials, work in process and the Deliverables are within the control of Seller, Seller shall ensure that they are clearly accounted for, marked with identification numbers or other markings so that they are readily identifiable as property of Company (or its customers, as the case may be) and distinguishable from inventory or goods owned by Seller or any other party. Seller shall physically segregate any goods owned or held by Seller, including goods owned by third parties, and shall ensure that the Company's Materials, work in process and the Deliverables shall not become subject to any lien, right, or claim of any third party while in the control of Seller.
6.5 Company shall have the right to remove all Company's Materials from Seller's possession at any time on giving reasonable notice.
6.6 Company reserves the right to audit Seller's facility upon reasonable notice during normal business hours for the purposes of the Contract. This includes the right to appoint external auditors to carry out the relevant review. The date and time of such audit shall be mutually agreed by the parties. The scope of the audit shall be to:
6.6.1 inspect the Company's Materials, work in progress and the Deliverables held and/or to remove them; and
6.6.2 assess Seller's compliance with applicable laws for environmental, health, and safety, in each case to the extent related to the Services.
