Delivery, Title and Risk of Loss Sample Clauses
The "Delivery, Title and Risk of Loss" clause defines when and how goods are delivered, and specifies the point at which ownership (title) and responsibility for loss or damage (risk of loss) transfer from the seller to the buyer. Typically, this clause outlines the delivery method, such as shipment or pickup, and states whether title and risk pass upon shipment, delivery, or another agreed event. Its core function is to clearly allocate responsibility for the goods during transit, thereby preventing disputes over who bears the risk if the goods are lost or damaged before reaching their destination.
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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 speci...
Delivery, Title and Risk of Loss. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from NI, its warehouses, or its affiliated companies; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment in full to NI. For orders to be delivered within the same country as the NI entity accepting the order, NI will arrange the shipping; however, Customer is responsible for all shipping and handling fees set forth in the invoice, unless otherwise indicated by NI. Upon written confirmation from NI, Customer may choose to arrange for shipping with a carrier previously approved by NI, but in this case or if the order is placed with an NI entity outside the country of the applicable shipping destination, Customer is responsible for all shipping and handling, including fees, customs, formalities and clearance, except that NI is responsible for the Export Declaration. Customer shall provide NI with the necessary information for the Export Declaration, in a timely manner. Shipment dates provided by NI are estimates only, and NI shall have no liability for losses or claims resulting from late delivery of Products. Claims for shipment shortage shall be deemed waived unless presented to NI in writing within seven
Delivery, Title and Risk of Loss. Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). In any case, delivery and risk of loss is in accordance with INCOTERMS 2010. Title to products shall pass to the Customer upon full payment of the invoice(s). In the absence of specific instructions, goods will be shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of goods.
Delivery, Title and Risk of Loss. Title and risk of loss to Products (for Software, the media only) shall pass to Customer upon the occurrence of either of the following: (a) the shipment of Products from NIJ’s affiliated companies and the completion by NIJ of the customs import clearance at the customs having jurisdiction over the import of the Products; or (b) the shipment of Products from a local warehouse used by NIJ, if applicable; provided however, NIJ retains a security interest and right of possession in the Products until Customer makes payment in full. For Products to be delivered within Japan, NIJ will arrange the shipping; however, Customer is responsible for all shipping and handling fees set forth in the invoice, unless otherwise indicated by NI. Upon written confirmation from NI, Customer may choose to arrange for shipping with a carrier previously approved by NI, but in this case or if the order is placed with an NI entity outside the country of Japan, Customer is responsible for all shipping and handling, including fees, customs, formalities and clearance, except that NI is responsible for the Export Declaration. Customer shall provide NI with the necessary information for the Export Declaration, in a timely manner. Shipment dates provided by NIJ are estimates only, and NIJ shall have no liability for losses or claims resulting from late delivery of Products. Claims for shipment shortage shall be deemed waived unless presented to NIJ in writing within forty-five (45) days from the date of Invoice (“Invoice Date”). NI may, in its sole discretion, without liability or penalty, make partial shipments of Products to Customer. Each shipment will constitute a separate sale, and Customer shall pay for the units shipped whether such shipment is in whole or partial fulfillment of Customer's purchase order
Delivery, Title and Risk of Loss. Delivery of Goods shall be as is set forth in the PO, and any delay in delivery is at the exclusive liability of Seller. In addition to its other rights and remedies contained herein, if delivery of Goods is not completed by the time promised, ▇▇▇▇▇ reserves the right without liability, to terminate the Agreement by notice effective when received by Seller as to items not yet shipped and to purchase substitute items elsewhere and charge Seller with any loss incurred. Title to the Goods and risk of loss remain with Seller until delivery of the Goods to, and acceptance of Goods by, ▇▇▇▇▇. Further, title shall pass to Buyer free and clear of claims, liens and encumbrances (save Seller’s right to receive payment therefor) upon delivery to and acceptance by Buyer.
Delivery, Title and Risk of Loss. Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). Whether or not the sale is FCA or Ex Works, the Customer must cover the transport costs of the products; the products are deemed delivered to the customer, and the risks of loss of the products (including without limitation when loading them onto trucks, transferring them to a ship or a plane, and meeting customs regulations) pass to Customer when EDDYFI places the products at the disposal of the Customer or its carrier at EDDYFI’s manufacturing site. Title to products shall pass to the Customer upon full payment of the products. In the absence of specific instructions, goods are shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of the products. Subject to the foregoing, the applicable INCOTERMS 2010 apply to the delivery and risks of loss of products. In the event Customer wishes to make any change affecting the delivery of the products (including but not limited to a change in Incoterms, change of address or carrier) less than five (5) days prior to the date originally scheduled for shipment of the products, Customer agrees to pay additional fees reasonably determined by EDDYFI to offset the administrative cost of effecting such change.
Delivery, Title and Risk of Loss. Unless otherwise agreed by the parties in writing, shipment will be made in a manner determined by Seller. Title (except as provided in Section 8, "RIGHTS IN INTELLECTUAL PROPERTY") and risk of loss or damage to the product shall pass in accordance with the designated Incoterm (2010) or, if none is so designated, then to Buyer at the ▇▇▇▇ ▇▇▇▇▇▇ delivers possession of the product to a carrier at Seller's plant or warehouse. Product held by Seller at Buyer's request beyond the scheduled delivery date shall be at Buyer's risk and expense. Unless otherwise agreed, freight shall be prepaid by Seller and invoiced back to Buyer. Buyer shall be responsible for expenses incurred by Seller where, at Buyer's request, Seller ships or packs product in other than its normal manner for shipment.
Delivery, Title and Risk of Loss. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from NI, its warehouses, or its affiliated companies; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment to NI in full. For orders to be delivered within the same country as the NI entity accepting the order, NI will arrange the shipping; however, Customer is responsible for all shipping and handling fees set forth in the invoice, if any. If Customer chooses to arrange for shipping or if the order is placed with an NI entity outside the country of the applicable shipping destination, Customer is responsible for all shipping and handling, including fees, customs, formalities and clearance. Shipment dates provided by NI are estimates only, and NI shall have no liability for losses or claims resulting from late delivery of Products. Claims for shipment shortage shall be deemed waived unless presented to NI in writing within forty-five (45) days of the invoice date.
Delivery, Title and Risk of Loss a. Delivery of all GOODS shall be made by the date set forth in the CONTRACT. The GOODS shall be subject to expediting by COMPANY. CONTRACTOR will pack the GOODS so that they may be transported and unloaded safely. CONTRACTOR represents that, on delivery, the GOODS will have been accurately described, classified, marked, and labelled, in accordance with the CONTRACT, all APPLICABLE LAWS, and STANDARDS OF PRACTICE.
b. CONTRACTOR retains risk of loss of and damage to the GOODS until delivery is complete in accordance with the INCOTERMS in any case where INCOTERMS are specified, otherwise when COMPANY takes physical possession of the GOODS.
c. Title to the GOODS will pass to COMPANY at the earlier of: (i) risk of loss of and damage to the GOODS passing to COMPANY; or (ii) as COMPANY makes payment for the GOODS.
Delivery, Title and Risk of Loss. Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). Whether or not the sale is FCA or Ex Works, the Customer must cover the transport costs of the products; the products are deemed delivered to the customer, and the risks of loss of the products (including without limitation when loading them onto trucks, transferring them to a ship or a plane, and meeting customs regulations) pass to Customer when EDDYFI places the products at the disposal of the Customer or its carrier at EDDYFI’s manufacturing site. Title to products shall pass to the Customer upon full payment of the products. In the absence of specific instructions, goods are shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of the products. Subject to the foregoing, the applicable INCOTERMS 2010 apply to the delivery and risks of loss of products.