Common use of Delivery of Hardware Clause in Contracts

Delivery of Hardware. 3.1. For export shipments, Myndlift shall deliver the Hardware Components to Customer FOB Destination (Incoterms 2010). 3.2. Myndlift shall make reasonable efforts to deliver the Hardware Components within the time period agreed with Customer. Notwithstanding the foregoing, it is clarified that the delivery time provided to each Customer is an estimated time only, and it is hereby further clarified that in the event that the Hardware Components is not delivered to the Customer within 30 days from the date of shipment and that following due inquiry by Customer (to Myndlift's satisfaction), that the Hardware Components are not being detained by the relevant customs authority, then Myndlift may consider the Hardware Components as lost and as sole remedy to the Customer, Myndlift will ship an additional Hardware Components (of the same type and specifications as in the original order) to the Customer without bearing any additional liability to Customer. 3.3. Any stated delivery dates are approximate, and notwithstanding the aforesaid, Myndlift shall not be liable to Customer for any losses, damages, penalties, or expenses if any Hardware Components are delivered after the said time period for any reason whatsoever. Delays in shipment shall not constitute a breach of contract on the part of Myndlift and shall not be cause for termination of these Terms. 3.4. Hardware Components will be delivered to Customer to the address designated by the Customer and specified in the Subscription Form. Myndlift cannot accept changes and/or alterations to the delivery address once it begins processing the shipment of the Hardware Components. It is Customer’s responsibility to accurately fill in the delivery address in the Subscription Form, and Myndlift will not be responsible for any failure to deliver the Hardware Components due to an inaccuracy in your delivery address as specified in the Subscription Form. Risk in the Hardware Components passes to the Customer on delivery of the Hardware Components to the shipping address entered in the Subscription Form. Title in the Hardware Components will pass to Customer upon receipt of full payment by Myndlift for such Hardware Components. 3.5. All Hardware Components will be accepted by the Customer subject to inspection by the Customer within a reasonable time after delivery. Absent notice by Customer within three (3) calendar days, the Hardware Components shall be deemed to be accepted by Customer. 3.6. Customer must use and handle the Hardware Components carefully and strictly in accordance with the instructions conveyed by Myndlift. Customer may not handle the Hardware Components in any manner which is not expressly permitted by Myndlift, including dismantling them, tampering with them, or conducting any repair, alteration, adaptation, addition thereto or derogation therefrom.

Delivery of Hardware. 3.1. For export shipments, Myndlift shall deliver the Hardware Components to Customer FOB Destination (Incoterms 2010). 3.2. Myndlift shall make reasonable efforts endeavor to deliver the Hardware Components within the time period agreed with Customerthe Practitioner. Notwithstanding the foregoing, it is clarified that the delivery time provided to each Customer Practitioner is only an estimated time only, and it is hereby further clarified that in the event that of arrival. If the Hardware Components is are not delivered to the Customer Practitioner within 30 days from the date of shipment shipment, or if they are delivered in defective form and that thus rejected by the recipient, then following due a satisfactory inquiry by Customer (the Practitioner to Myndlift's satisfaction), determine that the Hardware Components are not being detained by the relevant customs authorityauthority or that they are in fact defective, then Myndlift may Myndlift, in its discretion, will consider the Hardware Components as lost and as sole remedy to the Customer, Myndlift will ship an additional Hardware Components (of the same type and specifications as in the original order) to the Customer without bearing any additional liability to Customer.Components 3.33.2. Any stated delivery dates are approximate, and notwithstanding the aforesaid, Myndlift shall not be liable to Customer the Practitioner for any losses, damages, penalties, or expenses if any Hardware Components are delivered after the said time period for any reason whatsoever. Delays in shipment shall not constitute a breach of contract on the part of Myndlift and shall not be cause for termination of these Terms. 3.43.3. Hardware Components will be delivered to Customer to the address designated by the Customer Practitioner and specified in the Subscription Form. Myndlift cannot accept changes and/or alterations to the delivery address once it begins processing the shipment of the Hardware Components. It is Customerthe Practitioner’s responsibility to accurately fill in the delivery address in the Subscription Form, and Myndlift will not be responsible for any failure to deliver the Hardware Components due to an inaccuracy in your delivery address as specified in the Subscription Form. Risk in the Hardware Components passes to the Customer Practitioner on delivery of the Hardware Components to the shipping address entered in the Subscription Form. Title in the Hardware Components will pass to Customer the Practitioner upon receipt of full payment by Myndlift for such Hardware Components. 3.53.4. All Hardware Components will be accepted by the Customer subject to inspection by the Customer designated recipient entered in the Subscription Form within a reasonable time after delivery. Absent notice by Customer Practitioner within three (3) calendar days, the Hardware Components shall be deemed to be accepted by CustomerPractitioner. Hardware Components delivered in a defective form will be replaced by Myndlift if Myndlift is timely notified and following an inquiry by Myndlift in which it has determined that the Hardware Components were in fact delivered in defective form. 3.63.5. Customer The designated recipient entered in the Subscription Form must use and handle the Hardware Components carefully and strictly in accordance with the instructions conveyed by Myndlift. Customer The designated recipient entered in the Subscription Form may not handle the Hardware Components in any manner which is not expressly permitted by Myndlift, including dismantling them, tampering with them, or conducting any repair, alteration, adaptation, addition thereto or derogation therefrom.