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
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.
Delivery and Risk of Loss Supplier will at its expense deliver the goods ordered to Sharad with its office at Street company plano,Texas 12345. 3.1 Supplier shall assume risk of loss and damage to Goods prior to delivery thereof to Buyer. Upon delivery of the Goods to Buyer, Buyer shall inspect the Goods and shall, upon prompt inspection of the Goods, sign the receipt of delivery acknowledging the Goods have been delivered in an undamaged condition. Any damaged Goods shall be segregated from undamaged Goods by Buyer. Supplier shall arrange for delivery of the damaged Goods to a destination designated by Supplier. Buyer shall assume full responsibility for any loss, damage or deterioration to the Goods 3.2 When the Buyer sign for the delivered Goods, the Buyer accept those Goods, and by accepting those Goods, represent that they have been delivered in an undamaged and acceptable condition. In Process 3.3 Buyer agrees to keep the Goods, and the proceeds from the sales thereof, separate and capable of identification, as the property of Supplier, to make entries in its books showing that the property is held for the account of Supplier, to report to Supplier the consummation of any sale on a weekly basis as more fully set forth herein; and to furnish the Supplier on demand a true and complete report of the Buyer’s sales for any period of time stated by the Supplier. 3.4 Buyer agrees to keep the goods fully insured at its expense against any and all risks including, but not limited to, breakage, damage or theft. The insurance policies shall be satisfactory to Supplier, and shall be delivered to Supplier promptly upon demand. Any and all insurance proceeds resulting from a claim on Supplier’s property shall be made payable to Supplier as its interest may appear. 3.5 Buyer agrees not to remove any of the Goods subject to this security agreement from the Buyer’s address as set forth herein, without the written consent of Supplier, except for purpose of sale and subject to the provisions and conditions herein provided.
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.
Risk of Loss or Damage The Purchasing Entity is relieved of all risks of loss or damage to the goods or equipment during periods of transportation, and installation by the Contractor and in the possession of the Contractor or their authorized agent.