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 xxxxxxx’x xxxx of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x xxxx of lading and damage inspection report.
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 xxxxxxx’x Xxxx of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x Xxxx of Lading and damage inspection report. When a Customer rejects a commodity, Contractor will remove the commodity from the premises within ten (10) calendar days after notification of rejection, and the risk of loss will remain with the Contractor. Commodities not removed by the Contractor within ten (10) calendar days will be deemed abandoned by the Contractor and the Customer will have the right to dispose of such commodities. Contractor will reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected commodities.
Risk of Loss. The risk of loss from any casualty to the goods, regardless of the cause, shall be on Seller up to the time of receipt of the goods by Buyer at the place of delivery, but only after any proper inspection has been completed without rejection of the goods. Thereafter, such risk shall be on Buyer, including any goods thereafter returned to Seller until their receipt by Seller.
Risk of Loss. The State is relieved of all risks of loss or damage to the goods and equipment during periods of transportation, installation by the Contractor, or while in the possession of the Contractor or its agent.
Risk of Loss. Matters of inspection and acceptance are addressed in s. 215.422, F.S. Until acceptance, risk of loss or damage shall remain with the Contractor. The Contractor shall be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer shall: record any evidence of visible damage on all copies of the delivering xxxxxxx’x Xxxx of Lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x Xxxx of Lading and damage inspection report. When a Customer rejects a product, Contractor shall remove it from the premises within ten days after notification or rejection. Upon rejection notification, the risk of loss of rejected or non-conforming product shall remain with the Contractor. Rejected product not removed by the Contractor within ten days shall be deemed abandoned by the Contractor, and the Customer shall have the right to dispose of it as its own property. Contractor shall reimburse the Customer for costs and expenses incurred in storing or effecting removal or disposition of rejected product.
Risk of Loss. The sole risk of loss arising from the Personal Property, regardless of the cause, shall pass to Buyer upon execution hereof.
Risk of Loss. The party in possession of the Property shall be liable for and assume all risk of loss to the Property.
Risk of Loss. All risk of loss or damage to the Property shall be borne by Seller to and including the date of Closing. In the event that, following the execution of this Agreement, all or any portion of Property is materially damaged or becomes the subject of an appropriation proceeding or threat thereof by a public or quasi-public authority having the power of eminent domain, Seller shall promptly notify Buyer thereof. In such event, Buyer may (1) elect to terminate the agreement contained herein, in which event the Xxxxxxx Money shall be immediately returned to Buyer, or (2) elect to proceed with the transaction, in which event Buyer shall be entitled to the insurance proceeds related to the damage to the Property or the proceeds of any condemnation award or payment in lieu thereof in relation to that portion of the Property taken as a result of such eminent domain proceedings or threat thereof. Seller may, at its option, either prosecute any condemnation claim itself or allow Buyer to appear in the action to prosecute such claim. If Buyer elects to terminate the Agreement as hereinabove provided, it shall notify Seller within ten (10) days after Buyer has received written notice of such damage or destruction or any appropriation proceeding or threat thereof.
Risk of Loss. Each Contract contains provisions requiring the Obligor to assume all risk of loss or malfunction on the related Financed Vehicle, requiring the Obligor to pay all sales, use, property, excise and other similar taxes imposed on or with respect to the Financed Vehicle and making the Obligor liable for all payments required to be made thereunder, without any setoff, counterclaim or defense for any reason whatsoever, subject only to the Obligor’s right of quiet enjoyment.
Risk of Loss. If any material portion of the Property is condemned by any legally constituted authority for any public use or purpose, or materially damaged or destroyed prior to the Closing Date, as determined by Seller in its sole discretion, Seller shall give Buyer written notice thereof. If the cost to repair does not exceed twenty percent (20%) of the Purchase Price and Seller agrees in writing to deliver any insurance proceeds plus any applicable deductible to Buyer, or if Seller agrees in writing to repair or restore the Property, prior to the Closing Date, to its condition on the date of execution of this Agreement, then Buyer shall be obligated to close this transaction in accordance with the terms hereof. If Seller does not so notify Buyer, Buyer may elect either to terminate this Agreement, or to purchase the Property in the condition existing on the Closing Date without adjustment of the Purchase Price. If Buyer elects to terminate this Agreement, the Xxxxxxx Money Deposit shall be returned to Buyer, this Agreement shall be terminated and the parties shall have no further obligations hereunder, other than with respect to indemnity or other obligations set forth herein that survive termination. If Buyer elects to purchase the Property, Seller shall not be liable to restore the Property, nor shall Buyer be entitled to the proceeds of any policies of insurance carried by or for the benefit of Seller. In any event, Seller shall not be deemed in default under this Agreement as a result of such condemnation, damage or destruction. Buyer shall be deemed to have waived its right to terminate this Agreement if Buyer does not notify Seller in writing of its election to terminate this Agreement within ten (10) business days after receipt of Seller's written notice of material condemnation, damage or destruction. Notwithstanding the foregoing, any termination notice given by Buyer under this Section shall be rendered ineffective if the Property can be repaired (in Seller’s sole discretion), and, within five (5) calendar days after Seller's receipt of such written notice, Seller delivers to Buyer Seller's written agreement to repair, at its sole cost and expense, all such damage. In such event the Closing Date shall be deemed automatically extended to the third (3rd) business day following Seller's completion of such repairs. If Seller completes such repairs, Buyer shall not be entitled to any insurance or condemnation proceeds, or obtain any rights with respect to any c...
