Common use of Delivery and Packaging Clause in Contracts

Delivery and Packaging. 7.1. The machinery (including any possible equipment and spare parts) indicated in the Enclosures shall be delivered by the Seller to the Buyer appropriately packed. It being understood that the packaging provided by the Seller is suitable for a period of storage/transit not exceeding 60 days. Provided that the Buyer advises the Seller sufficiently in advance that the goods may be in storage/transit for a period exceeding 60 days, then the Seller may supply the Buyer, at the latter’s expense, with different packaging. 7.2. It is understood that all risks shall pass to the Buyer in accordance with the agreed delivery term (Incoterm). With each shipment the Seller shall send the Buyer a copy of the invoices and a packing list. 7.3. The material support in respect of the engineering of the Seller shall be delivered directly to the Buyer, which shall provide a written receipt therefore, or it may be delivered by registered post or by courier but also by CD or in electronic form. 7.4. In the event that the parties agree that the goods which are the subject matter of this Contract are to be delivered with insurance being arranged by the Seller and at the latter’s expense, then in the event of any damage being caused to the goods, the Buyer is obliged to do the following, failing which it will lose any and all rights to damages: - immediately advise the insurers of any notices or information relating to the occurrence/damage; - recover the insured goods and keep them safe; - safeguard and keep any claims against third parties alive, duly taking all necessary steps, under its own initiative. With regard to any such event, the Buyer must also comply specifically with the terms of the Enclosures to this Contract.