Title and Risk of Loss of Net Energy Clause Samples

The "Title and Risk of Loss of Net Energy" clause determines when ownership and responsibility for the net energy being delivered transfers from the seller to the buyer. Typically, this clause specifies the exact point—such as at the delivery meter or interconnection point—where the buyer assumes both legal title and the risk of any loss or damage to the energy. By clearly defining this transfer, the clause allocates risk between the parties and helps prevent disputes over liability in the event of energy loss or damage during transmission.
Title and Risk of Loss of Net Energy. Title to and risk of loss of the Net Energy will pass from Seller to Buyer at the Point of Delivery. Seller warrants that it will deliver the Net Energy to Buyer at the Point of Delivery free and clear of all liens, security interests, claims, and other encumbrances.
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Title and Risk of Loss of Net Energy. Title to and risk of loss of the Net Energy will pass from Developer to CVEC at the Point of Delivery. Developer warrants that it will deliver the Net Energy to CVEC at the Point of Delivery free and clear of all liens, security interests, claims, and other encumbrances.
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Related to Title and Risk of Loss of Net Energy

  • 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, 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 ▇▇▇▇▇▇.

  • Title; Risk of Loss Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables.

  • TITLE AND RISK (TO APPLY WHEN THE GOODS ARE SUBJECT TO THE LAWS OF SCOTLAND) 6.1 Property and title in the Goods shall not pass to the Purchaser until the price due in terms of the contract has been received by the Company. Where the items to be supplied in terms of the contract are delivered in instalments this clause will apply to each instalment as if it formed the subject matter of a separate and independent contract. 6.2 Until the price of the Goods has been paid the Purchaser will hold and store the Goods as agent for the Company and in a manner which clearly distinguishes them from other Goods and products of the Purchaser and indicates that they are in fact owned by the Company and not by the Purchaser. 6.3 The Purchaser shall not sell or dispose of any individual consignment of or delivery of the Goods save as agent for the Company until the price due in terms of the contract has been received by the Company. 6.4 On the happening of any of the following events the Company may recover any of the Goods remaining in the Purchasers possession and the Company its agents or servants will obtain a court order to be entitled to remove any Goods for which the price has not been paid: - if the price of such Goods shall remain unpaid at the expiration of their allotted credit period; - if the Purchaser, being an individual has a petition presented for his or her sequestration or makes any arrangement or composition with his or her creditors or signs a Trust Deed for behalf of his or her creditors or has a Trustee, interim or otherwise, appointed to his or her estates; - if the Purchaser, being a Company makes any composition or arrangement with its creditors, has an administrative receiver or receiver appointed to any part of its property and assets, has a petition presented for the appointment of an administrator, interim or otherwise, or has any such administrator appointed, has any petition presented for its winding-up or any liquidator provisional interim or otherwise appointed or calls any meeting of its creditors, - if the Purchaser has any diligence carried out against it or its assets. 6.5 Notwithstanding the provisions of this clause risk in all Goods supplied shall pass to the Purchaser on delivery whereupon the Purchaser shall be liable for insurance of such Goods. 6.6 Sub clauses 6.1, 6.2, 6.3, 6.4 and 6.5 of this clause shall each be construed and receive effect as a separate clause of these conditions.

  • Risk of Loss Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering ▇▇▇▇▇▇▇’▇ ▇▇▇▇ of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the ▇▇▇▇▇▇▇’▇ ▇▇▇▇ of lading and damage inspection report.