Common use of Delivery Clause in Contracts

Delivery. Unless stipulated otherwise, delivery is deemed complete upon the departure of the goods from the seller's factory (ex factory), in standard packaging; the buyer is responsible for shipping and insuring the goods purchased. Any involvement by the seller in arranging or providing shipping and in insuring the goods will be carried out in the name and on behalf of the buyer and may under no circumstances confer on the seller the status of forwarding agent or carrier. Under no circumstances may the seller be held liable for damage, loss, theft or delivery delays occurring in the course of shipping. The buyer is therefore responsible for taking any action against the carrier in the conditions laid down by law. The delivery lead times indicated in order confirmations are for information only; failure to meet them may not result in cancellation of the order or in a reduction of the price or the application of penalties. We recommended that the buyer verify its packages in the presence of the carrier's representative. In the event of material damage, no claim will be accepted if the relevant facts are not indicated on the carrier's receipt.