Delivery and Risk of Loss. Buyer’s production schedules and warranties to its customers are dependent upon the agreement that deliveries of the goods covered by this Purchase Order will occur on the required delivery dates shown on the face hereof. Therefore, time is of the essence. Seller shall be responsible for all damages of any kind incurred or suffered by Buyer which were caused by any delay of Seller in making deliveries of acceptable supplies. Xxxxxx agrees to notify Xxxxx immediately if at any time it appears that Seller may not meet the delivery schedule. Such notification shall include the reasons for the delay, actual or potential, the steps being taken to remedy the constraint and the schedule or a proposed waiver of the delivery schedule in the Purchase Order. Any assistance furnished by Buyer to overcome delays shall not be regarded as waiving Buyer’s remedies for default, including termination rights, if Seller fails to meet the contractual schedule. Unauthorized advance shipments and shipments other than for the quantity ordered are returnable at Seller’s expense. Identification of the goods under Section 2-501 of the Uniform Commercial Code shall occur at the moment Seller accepts this Purchase Order. Seller shall not be excused from performing its obligations hereunder if the goods identified are destroyed. Delivery shall not be deemed complete until the goods have been actually received by Buyer at its facility. The risk of loss and damage in transit shall be upon Seller and shall not pass to Buyer until received at Buyer’s facility in a condition in accordance with the terms of this Purchase Order. The cost of all return shipments shall be borne by Seller.
Delivery and Risk of Loss. SBS shall deliver the quantities of the Product (and placebos) set forth in each Firm order on the delivery date specified therein, to a location designated in writing by Voyager, FOB (as defined in the UCC) SBS’s facility in Birmingham, Alabama. Title to the Products shall pass to Voyager at the time of delivery.
Delivery and Risk of Loss. Delivery shall be F.O.B. Melville, N.Y. (or, if international, FCA Melville, N.Y., U.S.A.) unless otherwise agreed to in writing by ChyronHego. Upon request by Customer, ChyronHego shall prepay insurance and freight and invoice Customer for such costs. Title and Risk of Loss shall pass to the Customer when the products are delivered to the carrier. Title to Hardware will pass to Customer upon receipt of final payment to ChyronHego, with the exception of Hardware which is under a Lease arrangement.
Delivery and Risk of Loss. All Products shall be shipped to Reseller FOB shipping point from BlueCat’s manufacturer’s address. The risk of loss or damage shall pass to Reseller upon delivery of same to a common carrier. BlueCat shall notify Reseller promptly upon becoming aware of an anticipated delay in delivery. Claims for shortages must be made in writing within five (5) days following receipt of shipment by Reseller. Reseller is responsible for all freight charges associated with the shipment of Products and the appropriate amount shall be added to the Reseller’s invoice and paid by Reseller.
Delivery and Risk of Loss. Insys shall make deliveries of Product(s) to Mylan’s […***…] facility within the period that is no more than […***…] days before or […***…] calendar days after Mylan’s specified delivery date. […***…]. The terms and conditions of this Agreement shall be controlling over any conflicting terms and conditions stated in Mylan’s purchase order or Insys’ invoice or confirmation. Any other document which shall conflict with or be in addition to the terms and conditions of this Agreement is hereby rejected, unless the Parties shall have mutually agreed to the contrary in writing in respect of a particular instance.
Delivery and Risk of Loss. Unless otherwise agreed to by the applicable FoundryCo Sales Entity and AMD, the Products will be delivered EXW the applicable FoundryCo Manufacturing Entity (Incoterms 2000). Title to Products will pass from the applicable FoundryCo Sales Entity to AMD upon receipt of the Products by AMD or its carrier at the FoundryCo Manufacturing Entity shipping dock, unless the applicable FoundryCo Sales Entity and AMD agree to another location. At AMD’s request, the applicable FoundryCo Sales Entity will arrange for transportation in accordance with standard industry practice, and AMD shall pay for the transportation of the Products.
Delivery and Risk of Loss. Unless otherwise specified in the Purchase Order, all Materials delivered to Elementum 3D shall be FCA (Incoterms 2022) Seller’s plant, or such other location listed on the Purchase Order, following acceptance by Elementum 3D in accordance with Section
Delivery and Risk of Loss. Deliveries of Product shall be made at Purchaser’s sole expense f.o.b. at the terminals or other delivery points selected by Purchaser. If any of the Stations are operated by Dealers on a non-consignment basis, Purchaser shall arrange for transportation of Product and title to, and risk of loss of, all Product delivered at a terminal shall pass from Supplier to Purchaser when such Product is loaded on the transport trucks of Purchaser or Purchaser’s common carrier. If the Product is being delivered by Supplier to Purchaser directly or through Supplier’s hired common carrier, which shall occur in all cases in which Purchaser operates a Station or sells Product at such Station on a consignment basis, then title to, and risk of loss of, all Product delivered at the Stations shall pass from Supplier to Purchaser when such Product is placed in the tank at the Stations. Additionally, if Products are delivered through Supplier’s common carrier, in addition to the Product costs set forth in Section 4 below, Purchaser shall pay to Supplier the actual cost of freight to the Stations after all discounts and rebates are applied, with such payment due to Supplier in accordance with Section 5. Purchaser shall strictly comply with all applicable rules and regulations of terminals and facilities at which Purchaser receives Product from Supplier.
Delivery and Risk of Loss. All goods shall be shipped at Buyer's expense and all shipments under the Sales Order are F.O.B. HII's warehouse in Salt Lake City, Utah. All risk of loss shall pass to Buyer at time of shipment regardless of the method of shipment that may be elected by Xxxxx. All products on the Sales Order must be accepted by Buyer within 12 months of the Sales Order commencement date.
Delivery and Risk of Loss. Unless otherwise agreed in an Order, all deliveries of Products will be made CIP (Destination on Order or Delivery Point). Avaya may charge Customer for shipping and handling charges in relation to the delivery of the Products, which will be reflected as a separate line item in Avaya's invoice. Risk of loss will pass to Customer on the Delivery Date.
