DAMAGE OR LOSS IN TRANSIT Sample Clauses
The 'Damage or Loss in Transit' clause defines the responsibilities and procedures if goods are damaged or lost while being transported from the seller to the buyer. Typically, this clause specifies who bears the risk during transit, outlines notification requirements in the event of damage or loss, and may detail the process for making insurance claims or seeking compensation. Its core function is to allocate risk between the parties and ensure there is a clear process for addressing issues that arise during the delivery of goods, thereby minimizing disputes and uncertainty.
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DAMAGE OR LOSS IN TRANSIT. Where Goods have either been lost or damaged in transit whilst at the Supplier’s risk, the Supplier will with all due diligence take all necessary action either to replace the Goods or arrange repairs, whichever is mutually acceptable to both parties. Powerlink Queensland will sign all carriers’ delivery documentation ‘subject to check’ and accepts responsibility for notification to the Supplier within 3 days of receipt, in the case of damage, or 10 days from receipt of advice, in the case of loss in transit.
DAMAGE OR LOSS IN TRANSIT. The Seller will repair or replace, free of charge, Goods damaged or lost in transit provided the Buyer shall give to the Seller written notification of such damage or loss within a reasonable time.
DAMAGE OR LOSS IN TRANSIT. Where damage to the Goods in the course of delivery is the Vendor‘s responsibility, the Vendor shall at its sole discretion repair or replace free of charge Goods so damaged provided the Vendor is notified of such damage within three days of delivery.
DAMAGE OR LOSS IN TRANSIT. If there is damage, loss or shortage of ordered Product upon delivery, Buyer will notify ZEISS Customer Service immediately. Identity of items and extent of damage or loss must be noted on ▇▇▇▇▇'s copy of the delivery document by the agent of the transportation company. If damage is discovered after receipt of shipment, Buyer will notify ZEISS Customer Service to report concealed shortages or damages of delivered product within 7 business days of delivery in order to be eligible for credit. ZEISS will work in good faith with Buyer to issue credit for damaged, loss, or shortage of ordered Product. Buyer shall also send a copy of the carrier freight bill to ZEISS Customer Support indicating Product and quantity damaged or not received. ZEISS will assist Buyer to file claims with the carrier in the event of loss or damage to any such Products in transit.
DAMAGE OR LOSS IN TRANSIT. 4.1 Without prejudice to clause 3, you shall, upon receiving notice thereof from us, repair or replace free of charge, at our option, Work damaged in transit and replace Work lost in transit and delivery of such Work shall not be deemed to have taken place until such replacement or repaired Work has been supplied by you to us.
DAMAGE OR LOSS IN TRANSIT. The Company will not accept responsibility for damage to or loss of the Goods during transit and, as such, the Customer shall bear the risk in the Goods whilst they are in transit and be responsible for taking out and maintaining in place at its own cost such insurance in respect of the Goods during transit for their full price against all risks. The Goods are to be examined promptly and without delay on receipt by the Customer or his agent. Any claim that the Goods are damaged, defective or not of the right quantity shall be notified by the Customer to the Company within three days of delivery. Any claim under this condition must be in writing and must contain full details of the claim, and the packing and contents should be retained for inspection by the Company. The Company shall not be liable for the Goods being damaged, defective or not of the right quantity if:
i) the Customer makes any further use of such Goods after giving notice in accordance with this clause;
ii) the defect arises because the Customer failed to follow the Company’s oral or written instructions as to the storage, commissioning, installation, use and maintenance of the Goods or (if there are none) good trade practice regarding the same;
iii) the Customer does not register the Company’s warranty for the Goods by giving notice to the Company of the named supervising installer for the Goods to ▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇ prior to commencement of installation;
iv) the defect arises because the Goods have been installed or maintained without supervision by an installer with appropriate training as registered on the Company’s installer register
v) the defect arises as a result of the Company following any drawing, design or specification supplied by the Customer;
vi) the Customer alters or repairs such Goods without the written consent of the Company;
vii) the defect arises as a result of fair wear and tear, wilful damage, negligence, or abnormal storage or working conditions; or
viii) the Goods differ from their description as a result of changes made to ensure they comply with applicable statutory or regulatory requirements.
DAMAGE OR LOSS IN TRANSIT. 5.1 Where the Company agrees in writing to be responsible for the transportation of the Goods to the Customer or any place, the Company will only entertain a claim by the Buyer for damage in transit to or non-delivery of the Goods provided the Buyer:
(a) in respect of non-delivery, gives written notice to the Company within 10 days after the date of the Company’s advice note or invoice advising of the despatch of the Goods that such Goods have not been received, or
(b) in respect of damage in transit gives written notice to the Company, within 3 days after delivery of the Goods.
DAMAGE OR LOSS IN TRANSIT. The goods shall be at the sole risk of the customer from the time that they leave our premises or upon the expiration of any free period of storage, whichever shall first occur. The Company shall not be liable for any loss which the Company is precluded from recovering from a carrier by reason of the customer's failure to give the notice necessary for such recovery. Both the carriers and ourselves are to be advised of any damage or breakage within 3 days of receipt of the goods and, in the event of short or non- delivery, both the carriers and ourselves are to be advised in writing within 14 days from receipt of invoice.
DAMAGE OR LOSS IN TRANSIT. (a) Where carriage is the responsibility of Tele Radio, Tele Radio will repair or replace free of charge and at Tele Radio’s absolute discretion, all Tele Radio Products lost or damaged in transit to the contractual point of delivery provided written notice of such loss or damage is given to Tele Radio within 3 days of delivery, or within such times as will enable Tele Radio to comply with the carrier’s conditions of carriage applicable to loss or damage in transit.
(b) Prior to acknowledging delivery to the carrier the Customer must ensure that the complete consignment as per the carrier’s note has been received. If there is a shortage or visible damage to the outer packaging of the Tele Radio Products, the Customer must endorse the carrier’s note accordingly.
(c) Tele Radio is not responsible for any loss or damage to the Tele Radio Products caused by or arising from transport or delivery of the Tele Radio Products if Tele Radio has not packed the Tele Radio Products or the Customer has nominated the carrier.
(d) Claims made for damage or loss in transit must be made against the carrier in the manner prescribed by Tele Radio from time to time.
DAMAGE OR LOSS IN TRANSIT. If there is damage, loss or shortage of ordered Product upon delivery, Buyer will notify ZEISS Customer Care immediately. Identity of items and extent of damage or loss must be noted on ▇▇▇▇▇'s copy of the delivery document by the agent of the transportation company. If damage is discovered after receipt of shipment, Buyer must notify ZEISS Customer Care to report concealed shortages or damages of delivered Product within 7 business days of delivery in order to be considered by ZEISS for credit. ZEISS will work in good faith with Buyer to issue credit for damaged, loss, or shortage of ordered Product. Buyer must also within 7 business days of delivery send a copy of the carrier freight bill to ZEISS Customer Support indicating Product and quantity damaged or not received. Buyer will assist ZEISS to file claims with the carrier in the event of loss or damage to any such Product in transit.