Delivery and Risk of Loss Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.
Delivery, Title and Risk of Loss The date of completion or shipment set forth on the Estimate (“Delivery Date”) is based on the availability of materials and services and ▇▇▇▇▇▇’▇ production capacity at the time the Estimate is submitted to the Buyer. ▇▇▇▇▇▇ will use commercially reasonable efforts to meet the Estimate’s Delivery, or the Delivery mutually agreed upon between ▇▇▇▇▇▇ and the Buyer at the time of Purchase. ▇▇▇▇▇▇ makes no guarantee of any such Delivery and hereby expressly disclaims any and all liability for any delay in delivery or shipment of Product, or for any damage suffered by the Buyer as a consequence thereof. The Buyer acknowledges that all Delivery Date are approximate and remain subject to change. Delivery dates will be determined upon ▇▇▇▇▇▇’▇ acceptance of the Buyer’s Purchase and ▇▇▇▇▇’s delivery to ▇▇▇▇▇▇ of all necessary information required to enable work to commence, together with any licenses and permits which may be necessary for completion of Purchase. If the Buyer fails to pick up Products within five (5) business days or fails to provide a proper address for delivery, ▇▇▇▇▇▇ shall be entitled to invoice the Buyer for Products and reserves the right to put Products in storage and charge the Buyer for such storage costs. In the event Buyer elects to have ▇▇▇▇▇▇ deliver Products, and unless otherwise agreed to in writing by the parties, delivery of all Products, whether new, repaired, or warrantied, shall be deemed as FOB origin (UCC) for domestic shipments and EXW (ICC) for international shipments any of which may be made, at the sole discretion of ▇▇▇▇▇▇, in full or in part. The risk of loss or damage to Products shall pass to the Buyer upon ▇▇▇▇▇▇ initiating shipment of a delivery of Products. The Buyer must inspect the condition and quality of Products upon receipt, and any shipping damage, loss, or shortage, shall be reported to the carrier and described in detail on the Bill of Lading. In addition to the foregoing, claims for errors in shipment must be made in writing within two (2) business days after receipt of Products. In the event of an error in Products shipped, Sawyer, in its sole discretion, shall either (a) replace Products or (b) issue a credit to the Buyer. The Buyer shall promptly ship all nonconforming Products back to ▇▇▇▇▇▇ for inspection prior to (i) any replacement being shipped or (ii) credit being issued with respect thereto. ▇▇▇▇▇▇ reserves the right to ship replacements at the most economical rate. Should the Buyer request special packaging or handling for replacements, any additional costs incurred therewith will be billed to the Buyer and prompt reimbursement thereof shall be made to ▇▇▇▇▇▇. Purchases will become complete and final upon acceptance of the Product by the Buyer or the Buyer’s agent or once the Buyer takes Delivery of the Product or once the Product is placed in storage (“Purchase Completion”). Without exception, all Claims of corrections or modifications required for Product fit, form, function, appearance, or otherwise deemed necessary (“Claims”) by the Buyer or any party associated with the Buyer must be made in writing within ten (10) business days after Purchase Completion at which time, ▇▇▇▇▇▇, at its sole discretion shall (a) enter into a written agreement with the Buyer to address the Claims in part or full or (b) find the Claims to be null and void. The Buyer shall provide ▇▇▇▇▇▇ with (i) all requested evidence of the Claims, (ii) written original estimates for cost associated with the Claims, and (iii) allow access deemed necessary by ▇▇▇▇▇▇ to investigate the Claims. Notwithstanding the foregoing, ▇▇▇▇▇▇ shall have no obligation to the Buyer for either liability of loss in conjunction to any Claims nor reimbursement for the correction of any Claims without ▇▇▇▇▇▇’▇ expressed written consent and agreement prior to modification of the Product within the Claims period. ▇▇▇▇▇▇’▇ obligation to any aforementioned written agreement will not extend beyond the terms of the agreement regardless of circumstance unless a revised agreement is agreed upon and accepted in writing by ▇▇▇▇▇▇.
Delivery; Risk of Loss Deliveries must be made both in quantities and at times specified on the face of the Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. ▪ Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on the Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made after or before the specified delivery date. Seller will bear all costs and damages incurred by Buyer due to late or early delivery. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in the Purchase Order, all goods are sold DAP. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.
Title and Risk of Loss Notwithstanding the form of shipment, title or other property interest, risk of loss shall not pass from the Contractor to the Authorized User until the Products have been received, inspected and accepted by the receiving entity. Acceptance shall occur within a reasonable time or in accordance with such other defined acceptance period as may be specified in the Bid Specifications or Purchase Order. Mere acknowledgment by Authorized User personnel of the delivery or receipt of goods (e.g., signed ▇▇▇▇ of lading) shall not be deemed or construed as acceptance of the Products received. Any delivery of Product that is substandard or does not comply with the Bid Specifications or Contract terms and conditions, may be rejected or accepted on an adjusted price basis, as determined by the Commissioner.