Title, Risk of Loss and Delivery Clause Samples
The "Title, Risk of Loss and Delivery" clause defines when ownership and responsibility for goods transfer from the seller to the buyer, as well as the terms governing the delivery of those goods. Typically, this clause specifies the point at which the buyer assumes the risk of damage or loss—such as upon shipment, delivery to a carrier, or receipt at the buyer’s location—and outlines the delivery method and obligations of each party. Its core function is to clearly allocate risk and responsibility during the shipping process, thereby preventing disputes over who bears the loss if goods are damaged or lost in transit.
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Title, Risk of Loss and Delivery. All of the Products sold by Seller to Buyer shall be sold FOB Incoterms 2020 the Seller’s facilities located in Noblesville, Indiana or Marion, Indiana, or at a facility of the Seller at mutual agreement between the Buyer and the Seller (each, a “Facility”). Seller will arrange freight transportation, and all appropriate risk insurance coverage for all shipments to the Facility.
Title, Risk of Loss and Delivery. 2.1 As of the date of each Transaction, Seller represents and warrants that it has good title free and clear of any liens or encumbrances to Product sold and delivered hereunder, and that Seller has full right and authority to transfer such title and effect delivery of such Product to Buyer. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, SELLER AGREES TO INDEMNIFY, DEFEND AND HOLD BUYER HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, AND DAMAGES (INCLUDING, FOR CLARITY, REASONABLE ATTORNEY’S FEES AND OTHER LEGAL COSTS AND EXPENSES), ARISING FROM ANY CLAIM OR DEMAND BY REASON OF ANY FAILURE OF SUCH TITLE OR BREACH OF THIS WARRANTY.
2.2 “Free on Board” or “FOB,” “Cost and Freight” or “CFR,” or “C&F,” “Cost, Insurance and Freight” or “CIF” shall all have the meaning ascribed to such terms in Incoterms- 2010 edition, for waterborne purchases and sales, and the Uniform Commercial Code, as adopted by the State of New York and in effect on the date of the applicable Transaction, for truck and rail deliveries.
Title, Risk of Loss and Delivery. Provider, its Affiliates and/or its licensors own the title to all Software. Title and risk of loss to an Appliance shall pass from Provider to Customer upon shipment (unless the Appliance is rented, leased or loaned to Customer). Delivery of Products shall be by electronic download or FCA (Provider’s Dublin office) ICC Incoterms (2020).
Title, Risk of Loss and Delivery. If conditions arise which prevent compliance with delivery schedules, 3D Systems will not be liable for any damage or penalty for delay in delivery, or for failure to give notice of delay. However, 3D Systems will use all reasonable efforts to give notice of delays. Delays will not be grounds for cancellation. Delivery occurs Ex Works on the actual shipping date, and title and the risk of loss transfer to Customer upon shipment.
Title, Risk of Loss and Delivery. Quest, its Affiliates and/or its suppliers own the title to all Software. Title and risk of loss to an Appliance shall pass from Quest to Customer upon shipment (unless the Appliance is rented, leased or loaned to Customer). Delivery of Products shall be by electronic download or FOB Shipping Point.
Title, Risk of Loss and Delivery. 2.1 As of the date of each Transaction, Seller represents and warrants that it has good title free and clear of any liens or encumbrances to Product sold and delivered hereunder, and that Seller has full right and authority to transfer such title and effect delivery of such Product to Buyer. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, SELLER AGREES TO INDEMNIFY, DEFEND AND HOLD BUYER HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, AND DAMAGES (INCLUDING, FOR CLARITY, REASONABLE ATTORNEY’S FEES AND OTHER LEGAL COSTS AND EXPENSES), ARISING FROM ANY CLAIM OR DEMAND BY REASON OF ANY FAILURE OF SUCH TITLE OR BREACH OF THIS WARRANTY.
2.2 “Free on Board” or “FOB,” “Cost and Freight” or “CFR,” or “C&F,” “Cost, Insurance and Freight” or “CIF” shall all have the meaning ascribed to such terms in Incoterms-2010 edition for waterborne purchases and sales and the Uniform Commercial Code, as adopted by the State of New York and in effect on the date of the applicable Transaction, for truck and rail deliveries. For FOB, CFR and CIF waterborne purchases and sales, title and risk of loss shall pass from Seller to Buyer as Product passes the Vessel’s permanent manifold flange at the load port.
2.3 “Delivered at Place” or “DAP” and “Delivered at Terminal” or “DAT” shall all have the meaning ascribed to such terms in Incoterms-2010 edition. Title and risk of loss of Product shall pass when the goods, once unloaded from the arriving means of transport are placed at the disposal of the Buyer at a named terminal at the named port or place of destination.
Title, Risk of Loss and Delivery. 3.1 Title and risk of loss to the Product shall pass from Seller to Buyer upon completion of delivery. Seller shall not be liable to Buyer for reductions in quantity or degradation of quality of Product that occurred after the transfer of risk of loss, which shall be at Buyer’s sole risk and expense.
3.2 When delivery is point of origin, delivery shall be deemed to have been completed: (a) To ships or barges when the Product has passed the Vessel’s loading flange; (b) To tank cars when the Product enters the tank cars loading connection point;
Title, Risk of Loss and Delivery. Title and risk of loss to Product delivered shall pass from Seller to Buyer or from Delivering Party to Receiving Party at the point of delivery set forth in The Agreement.
Title, Risk of Loss and Delivery. 2.1 As of the date of each Transaction, Seller represents and warrants that it has good title free and clear of any liens or encumbrances to Coke sold and delivered hereunder, and that Seller has full right and authority to transfer such title and effect delivery of such Coke to Buyer. IN ADDITION TO AND WITHOUT LIMITING ANY OTHER INDEMNIFICATION OBLIGATIONS IN THIS AGREEMENT, SELLER AGREES TO INDEMNIFY, DEFEND AND HOLD BUYER HARMLESS FROM AND AGAINST ANY LOSSES, LIABILITIES, AND DAMAGES (INCLUDING, FOR CLARITY, REASONABLE ATTORNEY’S FEES AND OTHER LEGAL COSTS AND EXPENSES), ARISING FROM ANY CLAIM OR DEMAND BY
2.2 “Free on Board” or “FOB,” “Cost and Freight” or “CFR,” or “C&F,” “Cost, Insurance and Freight” or “CIF” shall all have the meaning ascribed to such terms in Incoterms-2020 edition for waterborne purchases and sales and the Uniform Commercial Code, as adopted by the State of New York and in effect on the date of the applicable Transaction, for truck and rail deliveries.
Title, Risk of Loss and Delivery. Dell, its Affiliates and/or its suppliers own the title to all Software. Title and risk of loss to an Appliance shall pass from Dell to Customer upon shipment (unless the Appliance is rented, leased or loaned to Customer). Delivery of Products shall be by electronic download or FOB Shipping Point.