Delivery and Risk Clause Samples

Delivery and Risk. (a) Supplier will deliver the Products and/or Services in accordance with the delivery dates specified in the Contract. The delivery terms for the Products shall be EXW (Incoterms 2010) Supplier's warehouse or as otherwise specified in the Contract. Risk in the Products shall pass to Customer upon delivery. (b) All dates and times specified to Customer for delivery and installation of the Products or the provision of Services are estimates only and the time of delivery is not of the essence. Supplier shall not have any liability for delay or for any damages or losses sustained by Customer as a result of such dates or times not being met. Customer shall not be entitled to refuse acceptance of the Products or Services as a consequence of such delay. (c) Supplier reserves the right to make deliveries in instalments. Delay or other default in relation to a particular instalment shall not entitle Customer to cancel any other instalment nor to relieve Customer of its obligations to accept delivery and pay for other instalments. (d) Supplier may in its absolute discretion withhold delivery of the Products and/or supply of the Services pending payment of any sum due from Customer to Supplier. (e) Customer shall inspect the Products immediately upon delivery or collection, and Customer shall notify Supplier in writing of any matter or thing by reason of which Customer states that the Products are not in accordance with the contract. If Customer fails to give such notice within ten (10) days, it shall be conclusively presumed that Customer has accepted the Products and that the Products are in accordance with the contract, and Customer shall have no right to reject the Products. (f) Customer must make all claims for shipment shortages to Supplier in writing within ten (10) days of the date of delivery. (g) If Customer does not accept delivery of a consignment of Products in accordance with the Contract: (i) Supplier shall be entitled to claim payment in accordance with clause 11 for the Products refused; and (ii) the Products refused shall be in all respects at Customer's risk; and (iii) the cost of storing the Products shall be borne by Customer.

Delivery and Risk. 6.1. Unless otherwise agreed in writing by Ingredion, delivery is at the Ingredion’s nominated store. All freight from Ingredion’s premises to the Buyer is at the Buyer’s expense. If Ingredion arranges the carriage of the goods for delivery to the Buyer, Ingredion will be deemed to contract as agent for the Buyer, and the Buyer will bear all risks with respect to the goods during carriage and will likewise be responsible for effecting any insurance of the goods during carriage. Ingredion may charge a reasonable handling fee for all orders delivered to the Buyer. The Buyer indemnifies Ingredion for the cost of all transport arranged by Ingredion on the Buyer’s behalf. 6.2. Buyer must furnish complete shipping instructions for each delivery of Goods in sufficient time to enable Ingredion to perform its obligations under this Agreement. Ingredion is not obligated to make shipment in absence thereof. In the absence of such information, the destination routing of shipments and any other shipping instructions will be at Ingredion’s option where, pursuant to clause 6.1, Ingredion arranges delivery as agent of the Buyer. 6.3. Risk of damage to, or loss of, the Goods passes immediately on the earlier of delivery to the Buyer or into the Buyer’s custody, including its carrier or forwarder at the time of delivery. 6.4. Buyer must examine the Goods on delivery and notify Ingredion of any defect which is reasonably apparent within seven (7) days of delivery. Where Buyer discovers a defect which is not reasonably apparent, Buyer must stop using the Goods immediately and notify Ingredion within seven (7) days. 6.5. Buyer must provide all necessary assistance to allow Ingredion to investigate such defects. Buyer must in all cases perform quality control checks on all Goods and if requested provide Ingredion with a copy the quality control report. 6.6. If the Buyer fails to notify a claim in accordance with clause 6.4 then, to the extent permitted by law, the Goods are deemed to have been accepted by the Buyer and the Buyer must pay for the goods or services in accordance with these terms and conditions. 6.7. Buyer agrees that the Goods are acquired for the purpose of resale or using them up or transforming them in the manufacture of another product.

Delivery and Risk. 5.1 Any times for delivery are estimates only and although the Seller will use all reasonable efforts to deliver the Products in accordance with the times specified, time is not of the essence. 5.2 The risk in the Products shall pass to the Buyer on delivery of the Products to the Buyer by the Seller. 5.3 The Buyer shall examine the Products upon delivery and notify the Seller within 3 working days after the delivery in the event of any damage or non-conformance of the Products. The Products and/or Services shall be deemed to be of satisfactory quality, without defect and accepted if the Buyer fails to examine the Products in accordance with this clause.

Delivery and Risk. 9.1 The COMPANY does not warrant that the vehicle will be available to the HIRER at any stipulated or prearranged hour or date and the HIRER shall have no claims for loss, inconvenience or damage arising from any late delivery. The HIRER hereby indemnifies the COMPANY against all claims instituted by third parties which emanate from such late delivery; 9.2 The COMPANY shall not be obliged to place another vehicle at the disposal of the HIRER in the event of the vehicle being damaged, stolen or rendered unfit for use. 9.3 Notwithstanding that the vehicle is driven by a driver employed by the COMPANY, all risks and responsibilities in regard to the operation of the vehicle are transferred to the HIRER on commencement of the contract period and shall remain in effect until the vehicle is returned to the COMPANY; 9.4 The HIRER hereby acknowledges that the vehicle was delivered to him by the COMPANY: 9.4.1 In good order and repair with all its accessories and appurtenances in working order, and in a roadworthy condition; and 9.4.2 With its radiator, oil reservoirs, and petrol tank properly filled, and the HIRER undertakes that until the vehicle is returned to the COMPANY he will maintain, at his own expense, a sufficient quantity of water and oil in the engine of the vehicle; 9.4.3 Complete with spare wheel, ▇▇▇▇, wheel brace and triangles. 9.5 The HIRER indemnifies and holds the COMPANY harmless against all claims of whatsoever nature and howsoever arising which may be made against the COMPANY resulting from the use of the vehicle or the manner in which it is driven while it is in the possession of the HIRER, including claims which may be attributable to acts or omissions of the COMPANY its employees, agents or servants. 9.6 The HIRER hereby absolves the COMPANY from any liability arising from the malfunctioning of the vehicle.

Delivery and Risk. 10.1 Unless otherwise agreed, the Company shall deliver Goods to the Purchaser as follows: a) The Company reserves the right to arrange transport by any means in its absolute discretion; b) Delivery will be made during Working Hours to the location agreed by the parties (“Delivery Point”); c) The Company or its transport contractor will deliver the Goods so close (“Drop Spot”) to the Delivery Point as, in the opinion of the Company or its transport contractor, it is safe or prudent to do so and delivery occurs and risk in the Goods passes to the Purchaser when the Company’s or its transport contractor’s delivery vehicle arrives at the Drop Spot; d) The Company reserves the right to charge the Purchaser any costs which it incurs as a result of any delay by the Purchaser in unloading the Goods or where unloading of the goods cannot be effected, including, if applicable, a return delivery fee at the prevailing freight rates; e) The unloading of Goods at a Drop Spot is the Purchaser’s responsibility at its own cost and risk but the Company or its transport contractor may, without liability to the Purchaser, unload the Goods at the Drop Spot if the Purchaser requests the Company to do so or is absent from the Drop Spot at the time the Company or its transport contractor wishes to unload and, subject to the rights of Consumers set out in clause 18.2, the Purchaser releases and forever discharges the Company and its transport contractor from and against any claim, cause of action or liability arising out of the unloading of Goods at the Drop Spot; f) Where the Purchaser attends the Company’s premises to acquire the Goods, the Company may, in its absolute discretion: i. Deliver the Goods into or onto the Purchaser’s vehicle in which case risk in the Goods passes to the Purchaser and delivery is effected when the Goods are set down in or on the Purchaser’s vehicle; or ii. Deliver the Goods by setting them down alongside the Purchaser’s vehicle in which case risk in the Goods passes to the Purchaser and delivery is effected when the Goods are set down alongside the Purchaser’s vehicle notwithstanding that the Company’s staff may, on request, assist the Purchaser to load the Goods into or onto the Purchaser’s vehicle. 10.2 Goods ordered for collection will be held for a maximum period of six (6) weeks and the balance of the invoice price must be paid in full before collection. If the Goods are not collected by that time, they may be delivered to (at the Company’s opt...

Delivery and Risk. 7.1 Unless otherwise agreed, the Buyer shall be responsible for the cost of and arranging transportation of the Goods. 7.2 Where the Seller has agreed to deliver the Goods to the Buyer, the delivery costs will be payable by the Buyer at the prevailing rate on the date the Goods are ordered. The Seller shall use reasonable endeavours to ensure that delivery of the Goods is made according to schedule, but shall not be responsible for delivery delays due to causes beyond the Seller’s control. 7.3 Risk in respect of the Goods shall pass to the Buyer when the Goods are delivered to the Buyer or its carrier, or at the time the Buyer pays for the Goods, whichever is the earlier. 7.4 It is the Buyer’s responsibility to insure the Goods while in transit, even if the Seller has arranged transportation of the Goods.

Delivery and Risk. 5.1 We will use our best endeavours to deliver the Software or Software Service to you on the Preferred Delivery Date however, we will not be responsible for any delay or failure to do so. 5.2 We will arrange delivery of the Software or the Software Service to the delivery address set out in the Order but if the Software is damaged in any way during transportation or delivery then our liability is limited to replacing it if we believe that is required. We will not be responsible for any costs or losses resulting from delays due to the need for the replacement of the Software. 5.3 Risk of damage to, or loss or theft of, the Software (and the need to insure it) passes to you once the Software is delivered irrespective of whether the Software is installed or not.

Delivery and Risk. 7.1 The products to be supplied by UNIS shall be deemed as delivered at the time the goods leave the UNIS factory or the warehouse; as well as – if it is agreed that the products are collected – at the time when the Other Party is informed that the goods are ready for collection at UNIS. Unless agreed otherwise, deliveries via the online store will be made in accordance with the Incoterms “Delivered At Place” (DAP) (Incoterms 2020) to the delivery address provided by the Buyer.” 7.2 After delivery as referred to in the preceding paragraph, the products are for the account and risk of the Other Party, also when UNIS is responsible for the transport, unless expressly agreed otherwise. UNIS is entitled to charge shipping costs to the Other Party, as a whole or in part. Shipping costs for urgent deliveries are entirely accountable to the Other Party. 7.3 UNIS determines the shipping method to meet its delivery obligations. If the Other Party should give certain directions, complying with this shall be entirely at the expense and risk of the Other Party. The shipping and delivery costs shall be borne by the Other Party. 7.4 The Other Party is obliged to accept or to collect the products at the first presentation. If the Other Party fails to fulfil this obligation, UNIS has the right to set a term of at least eight days. If the Other Party also doesn’t collect or accept within that term, all conse- quences shall be borne by the Other Party, including storage costs. In particular, UNIS shall in that case be entitled to cancel the Agreement and/or to claim damages.

Delivery and Risk. 5.1 Any goods will be delivered to, and any services performed at, the address and on the date stated in the order, or else under section 5.2, during usual business hours. If no address is specified, then delivery will be at our usual or main UK premises. 5.2 If we specify the date or delivery address after ordering, we will give you reasonable notice of the details. Failing a date, supply will be as soon as reasonably possible. 5.3 The date of delivery of any goods or rights, and the performance of any services, will be of the essence of this contract. 5.4 A packing note quoting the number of the order must accompany each delivery or consignment of goods and must be displayed prominently. 5.5 Where Deliverables are to be supplied in installments, the contract is still to be treated as a single contract. If you fail to deliver or perform any instalment we may treat the whole contract as repudiated. 5.6 We may reject any Deliverables which are not fully in accordance with the contract. Acceptance does not occur until we have had a reasonable time to inspect or consider the relevant Deliverables following supply and, in the case of latent defect, a reasonable time after the defect becomes apparent. 5.7 We will not be bound to return to you any packaging or packing material, but if any relevant requirement for packaging recycling applies, you will take materials back free of charge on request. 5.8 If any Deliverables are not supplied on or by the agreed date then, in addition to any other remedies available to us, we will be entitled to deduct 1% of the overall contract price for those Deliverables, for every week's delay. 5.9 Risk of damage to or loss of any goods passes to us on delivery. 5.10 Property and ownership of any goods will pass to us on delivery unless we have paid in whole or in part for the goods in advance. In that case it will pass to us as soon as the goods have (or, if goods are being assembled for us, each successive component of the goods has) been appropriated to the contract. 5.11 If we supply any articles to you, e.g. for modification or copying, they stay our property at all times. Those articles must be kept confidential and secure and we can enter your premises at any time on reasonable notice to ensure that this is so. While those articles are in your custody you must not use them, copy them or disseminate them, electronically or otherwise, except in the performance of our contract. We retain copyright and any other available intel...