Common use of Delivery and Risk of Loss Clause in Contracts

Delivery and Risk of Loss. Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver. Unless otherwise required by a contract of Buyer with a customer of Buyer with respect only to products ordered by such customer, Title shall not pass with respect to any products ordered until Buyer makes payment in full thereof. In the alternative, Seller reserves a purchase money security interest in the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until full payment has been received. Buyer agrees to execute any document appropriate or necessary to perfect Seller's security interest or to acknowledge that title remains with Seller. In the alternative, Seller may file this order as a financing statement and/or chattel mortgage. Buyer agrees that, upon its failure to pay any invoice when due, Seller may immediately foreclose upon and sell, in a manner determined by Seller, any products or property owned by or provided by Buyer to Seller, regardless of whether such products or property are the subject of the unpaid invoice, in order to allow Seller to recover all amounts, including but not limited to interest and penalties, owed by Buyer to Seller.

Delivery and Risk of Loss. Unless otherwise provided 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 in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk damages of any loss kind incurred or damage 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 shipment thereafterdelivery schedule. Delivery and/or completion dates 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 represent fails to meet the best estimates of contractual schedule. Unauthorized advance shipments and shipments other than for the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier quantity ordered are returnable at Seller’s facility expense. Identification of the goods under Section 2-501 of the Uniform Commercial Code shall permit Buyer to cancel only that installment, and acceptance by Buyer or occur at the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer moment Seller accepts this Purchase Order. Seller shall not be excused from performance performing its obligations hereunder if for any reason, the carrier does goods identified are destroyed. Delivery shall not pick up products on be deemed complete until the date specified for shipping, goods have been actually received by Buyer at its facility. The risk of loss and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, damage in which case Seller may cancel the order without notice to Buyer and Buyer transit shall be responsible for a 25% restocking fee as to the products ordered. In any such event, upon Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver. Unless otherwise required by a contract of Buyer with a customer of Buyer with respect only to products ordered by such customer, Title shall not pass with respect to any products ordered Buyer until Buyer makes payment in full thereof. In the alternative, Seller reserves a purchase money security interest in the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until full payment has been received. Buyer agrees to execute any document appropriate or necessary to perfect Seller's security interest or to acknowledge that title remains with Seller. In the alternative, Seller may file this order as a financing statement and/or chattel mortgage. Buyer agrees that, upon its failure to pay any invoice when due, Seller may immediately foreclose upon and sell, received at Buyer’s facility in a manner determined condition in accordance with the terms of this Purchase Order. The cost of all return shipments shall be borne by Seller, any products or property owned by or provided by Buyer to Seller, regardless of whether such products or property are the subject of the unpaid invoice, in order to allow Seller to recover all amounts, including but not limited to interest and penalties, owed by Buyer to Seller.

Delivery and Risk of Loss. Unless otherwise provided for agreed in advancethe Purchase Order, Supplier shall ship all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment Goods to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter“DDP Buyer’s Door Incoterms® 2010”. Delivery and/or completion dates furnished by Seller represent the best estimates Time is of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached heretoessence. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer Supplier shall be responsible for all damages of any kind incurred or suffered by Buyer which were caused by a 25% restocking fee as to the products ordereddelay of Supplier in meeting delivery schedules. In any such event, Seller Supplier shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall also be responsible for payment all premium logistics cost resulting from Supplier’s inability to meet delivery schedules, including costs incurred in getting Goods to Buyer. Supplier agrees to notify Buyer immediately in the event it appears that Supplier may not meet the delivery schedule and shall set forth the reasons for the delay (actual or potential), the steps being taken to remedy the delay, and the schedule that part Supplier believes it will be able to meet. Such notice shall not relieve Supplier of any responsibilities in this Contract. Unauthorized advance shipments and shipments other than for the order quantity ordered are returnable at Supplier’s expense. 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 remain with Supplier and shall not pass to Buyer until received at Buyer’s facility and in a condition in compliance with the carrier, and Seller terms of this Contract. The cost of all returned shipments shall only be responsible for that portion of an order which Seller is required to but does not deliverborne by Supplier. Unless otherwise required by a contract of Buyer with a customer of Buyer with respect only to products ordered by such customeragreed in writing, Title Supplier shall not pass with respect to make any products ordered until Buyer makes payment material commitments or production arrangements in full thereof. In excess of the alternative, Seller reserves a purchase money security interest amount or in advance of the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until full payment has been received. Buyer agrees to execute any document appropriate or time necessary to perfect Seller's security interest or to acknowledge that title remains with Seller. In the alternativemeet Xxxxx’s delivery schedule, Seller may file this order as a financing statement and/or chattel mortgage. Buyer agrees that, upon its failure to pay any invoice when due, Seller may immediately foreclose upon and sell, in a manner determined by Seller, any products or property owned by or provided by Buyer to Seller, regardless of whether such products or property are the subject of the unpaid invoice, in order to allow Seller to recover all amounts, including but not limited to interest and penalties, owed by Buyer to Sellerexcept at Supplier’s own risk.

Delivery and Risk of Loss. Unless Seller agrees otherwise provided for in advancewriting, all shipments Seller shall deliver the goods EXW (Incoterms 2000) Seller’s facility from which the goods will be made shipped, except that if Seller’s facility and Buyer’s facility are both located in the United States, then Seller shall deliver the goods F.O.B. (Uniform Commercial Code term) Seller's ’s facility. In either case, risk of loss of the goods shall pass to Buyer upon identification of the goods to the contract between Xxxxx and Seller. Shipping, delivery, and upon Seller's delivery performance dates are estimates only, calculated from the date of a shipment to the carrierreceipt of Buyer’s order and complete drawings, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished specifications, designs, samples and other information reasonably requested by Seller represent to manufacture the best estimates of goods and perform the time required to make shipment or complete services, and time is not of the essence. Seller does shall not guarantee incur any liability, direct or indirect, nor shall any order be canceled because or as a result of any delays in meeting such dates or schedules. Seller reserves the right to recalculate any projected shipping, delivery or completion by a particular date performance dates upon receipt of Xxxxx’s order. Seller may ship all the goods at one time or in portions from time to time. Seller shall have the right to determine the method of shipment and routing of the goods, unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer quotation or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer acknowledgment. Seller shall not be excused from performance if responsible or liable for any reasona delay in the delivery of goods to Buyer that is due to a late delivery by Buyer of critical items needed for the design, the carrier does not pick up products on the date specified for shippingfabrication, and Seller may dispose of any products which the carrier does not pick-up within five (5) days manufacture of the goods by Seller, including, but not limited to, try out material, checking fixtures, design and quality information. Any delivery date agreed for delivery to the carrier at identified in Seller’s facility if Buyer refuses acceptance based on such delay, in which case Quotation or otherwise agreed upon by Seller may cancel the order without notice to Buyer and Buyer shall automatically be responsible for null and void and/or automatically amended to a 25% restocking fee as later date in time if Buyer fails to the products ordered. In any such eventtimely and properly provide Seller with all required technical data and specifications and other requested information, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such eventincluding approval drawings, Buyer shall be responsible for payment for that part of the order received by the carrierspecial documentation or special components, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver. Unless otherwise required by a contract of Buyer with a customer of Buyer with respect only to products ordered by such customer, Title shall not pass with respect to any products ordered until Buyer makes payment in full thereof. In the alternative, Seller reserves a purchase money security interest in the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until full payment has been received. Buyer agrees to execute any document appropriate or necessary to perfect Seller's security interest or to acknowledge that title remains with Seller. In the alternative, Seller may file this order as a financing statement and/or chattel mortgage. Buyer agrees that, upon its failure to pay any invoice when due, Seller may immediately foreclose upon and sellif applicable, in a manner determined accordance with the schedule set forth in Seller’s Quotation or otherwise agreed upon by Seller, any products or property owned by or provided by Buyer to Seller, regardless of whether such products or property are the subject of the unpaid invoice, in order to allow Seller to recover all amounts, including but not limited to interest and penalties, owed by Buyer to SellerBuyer.

Delivery and Risk of Loss. Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer Xxxxx refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver. Unless otherwise required by a contract of Buyer with a customer of Buyer with respect only to products ordered by such customer, Title shall not pass with respect to any products ordered until Buyer makes payment in full thereof. In the alternative, Seller reserves a purchase money security interest in the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until full payment has been received. Buyer Xxxxx agrees to execute any document appropriate or necessary to perfect Seller's security interest or to acknowledge that title remains with SellerXxxxxx. In the alternative, Seller may file this order as a financing statement and/or chattel mortgage. Buyer agrees that, upon its failure to pay any invoice when due, Seller may immediately foreclose upon and sell, in a manner determined by Seller, any products or property owned by or provided by Buyer to Seller, regardless of whether such products or property are the subject of the unpaid invoice, in order to allow Seller to recover all amounts, including but not limited to interest and penalties, owed by Buyer to Seller.

Delivery and Risk of Loss. Unless Seller agrees otherwise provided for in advancewriting, all shipments Seller shall deliver the goods EXW (Incoterms 2000) Seller’s facility from which the goods will be made shipped, except that if Seller’s facility and Buyer’s facility are both located in the United States, then Seller shall deliver the goods F.O.B. (Uniform Commercial Code term) Seller's ’s facility. In either case, and risk of loss of the goods shall pass to Buyer upon Seller's delivery identification of a shipment the goods to the carriercontract between Buyer and Seller. Shipping, Buyer shall assume delivery and performance dates are estimates only, calculated from the risk date of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished receipt of Buyer’s order and complete drawings, specifications, designs, samples and other information reasonably requested by Seller represent to manufacture the best estimates of goods and perform the time required to make shipment or complete services, and time is not of the essence. Seller does shall not guarantee incur any liability, direct or indirect, nor shall any order be canceled because or as a result of any delays in meeting such dates or schedules. Seller reserves the right to recalculate any projected shipping, delivery or completion by a particular date performance dates upon receipt of Buyer’s order. Seller may ship all the goods at one time or in portions from time to time. Seller shall have the right to determine the method of shipment and routing of the goods, unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer quotation or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer acknowledgment. Seller shall not be excused from performance if responsible or liable for any reasona delay in the delivery of goods to Buyer that is due to a late delivery by Buyer of critical items needed for the design, the carrier does not pick up products on the date specified for shipping, fabrication and Seller may dispose of any products which the carrier does not pick-up within five (5) days manufacture of the goods by Seller, including, but not limited to, try out material, checking fixtures, design and quality information. Any delivery date agreed for delivery to the carrier at identified in Seller’s facility if Buyer refuses acceptance based on such delay, in which case Quotation or otherwise agreed upon by Seller may cancel the order without notice to Buyer and Buyer shall automatically be responsible for null and void and/or automatically amended to a 25% restocking fee as later date in time if Buyer fails to the products ordered. In any such eventtimely and properly provide Seller with all required technical data and specifications and other requested information, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such eventincluding approval drawings, Buyer shall be responsible for payment for that part of the order received by the carrierspecial documentation or special components, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver. Unless otherwise required by a contract of Buyer with a customer of Buyer with respect only to products ordered by such customer, Title shall not pass with respect to any products ordered until Buyer makes payment in full thereof. In the alternative, Seller reserves a purchase money security interest in the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until full payment has been received. Buyer agrees to execute any document appropriate or necessary to perfect Seller's security interest or to acknowledge that title remains with Seller. In the alternative, Seller may file this order as a financing statement and/or chattel mortgage. Buyer agrees that, upon its failure to pay any invoice when due, Seller may immediately foreclose upon and sellif applicable, in a manner determined accordance with the schedule set forth in Seller’s Quotation or otherwise agreed upon by Seller, any products or property owned by or provided by Buyer to Seller, regardless of whether such products or property are the subject of the unpaid invoice, in order to allow Seller to recover all amounts, including but not limited to interest and penalties, owed by Buyer to SellerBuyer.

Delivery and Risk of Loss. Unless Seller agrees otherwise provided for in advancewriting, all shipments Seller shall deliver the goods EXW (Incoterms 2000) Seller’s facility from which the goods will be made shipped, except that if Seller’s facility and Buyer’s facility are both located in the United States, then Seller shall deliver the goods F.O.B. (Uniform Commercial Code term) Seller's ’s facility. In either case, risk of loss of the goods shall pass to Buyer upon identification of the goods to the contract between Buyer and Seller. Shipping, delivery, and upon Seller's delivery performance dates are estimates only, calculated from the date of a shipment to the carrierreceipt of Buyer’s order and complete drawings, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished specifications, designs, samples and other information reasonably requested by Seller represent to manufacture the best estimates of goods and perform the time required to make shipment or complete services, and time is not of the essence. Seller does shall not guarantee incur any liability, direct or indirect, nor shall any order be canceled because or as a result of any delays in meeting such dates or schedules. Seller reserves the right to recalculate any projected shipping, delivery or completion by a particular date performance dates upon receipt of Buyer’s order. Seller may ship all the goods at one time or in portions from time to time. Seller shall have the right to determine the method of shipment and routing of the goods, unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer quotation or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer acknowledgment. Seller shall not be excused from performance if responsible or liable for any reasona delay in the delivery of goods to Buyer that is due to a late delivery by Buyer of critical items needed for the design, the carrier does not pick up products on the date specified for shippingfabrication, and Seller may dispose of any products which the carrier does not pick-up within five (5) days manufacture of the goods by Seller, including, but not limited to, try out material, checking fixtures, design and quality information. Any delivery date agreed for delivery to the carrier at identified in Seller’s facility if Buyer refuses acceptance based on such delay, in which case Quotation or otherwise agreed upon by Seller may cancel the order without notice to Buyer and Buyer shall automatically be responsible for null and void and/or automatically amended to a 25% restocking fee as later date in time if Buyer fails to the products ordered. In any such eventtimely and properly provide Seller with all required technical data and specifications and other requested information, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such eventincluding approval drawings, Buyer shall be responsible for payment for that part of the order received by the carrierspecial documentation or special components, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver. Unless otherwise required by a contract of Buyer with a customer of Buyer with respect only to products ordered by such customer, Title shall not pass with respect to any products ordered until Buyer makes payment in full thereof. In the alternative, Seller reserves a purchase money security interest in the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until full payment has been received. Buyer agrees to execute any document appropriate or necessary to perfect Seller's security interest or to acknowledge that title remains with Seller. In the alternative, Seller may file this order as a financing statement and/or chattel mortgage. Buyer agrees that, upon its failure to pay any invoice when due, Seller may immediately foreclose upon and sellif applicable, in a manner determined accordance with the schedule set forth in Seller’s Quotation or otherwise agreed upon by Seller, any products or property owned by or provided by Buyer to Seller, regardless of whether such products or property are the subject of the unpaid invoice, in order to allow Seller to recover all amounts, including but not limited to interest and penalties, owed by Buyer to SellerBuyer.

Delivery and Risk of Loss. Unless otherwise provided for agreed in advancethe Purchase Order, Supplier shall ship all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment Goods to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter“DDP Buyer’s Door Incoterms® 2010”. Delivery and/or completion dates furnished by Seller represent the best estimates Time is of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached heretoessence. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer Supplier shall be responsible for all damages of any kind incurred or suffered by Buyer which were caused by a 25% restocking fee as to the products ordereddelay of Supplier in meeting delivery schedules. In any such event, Seller Supplier shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall also be responsible for payment all premium logistics cost resulting from Supplier’s inability to meet delivery schedules, including costs incurred in getting Goods to Buyer. Supplier agrees to notify Buyer immediately in the event it appears that Supplier may not meet the delivery schedule and shall set forth the reasons for the delay (actual or potential), the steps being taken to remedy the delay, and the schedule that part Supplier believes it will be able to meet. Such notice shall not relieve Supplier of any responsibilities in this Contract. Unauthorized advance shipments and shipments other than for the order quantity ordered are returnable at Supplier’s expense. 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 remain with Supplier and shall not pass to Buyer until received at Buyer’s facility and in a condition in compliance with the carrier, and Seller terms of this Contract. The cost of all returned shipments shall only be responsible for that portion of an order which Seller is required to but does not deliverborne by Supplier. Unless otherwise required by a contract of Buyer with a customer of Buyer with respect only to products ordered by such customeragreed in writing, Title Supplier shall not pass with respect to make any products ordered until Buyer makes payment material commitments or production arrangements in full thereof. In excess of the alternative, Seller reserves a purchase money security interest amount or in advance of the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until full payment has been received. Buyer agrees to execute any document appropriate or time necessary to perfect Seller's security interest or to acknowledge that title remains with Seller. In the alternativemeet Buyer’s delivery schedule, Seller may file this order as a financing statement and/or chattel mortgage. Buyer agrees that, upon its failure to pay any invoice when due, Seller may immediately foreclose upon and sell, in a manner determined by Seller, any products or property owned by or provided by Buyer to Seller, regardless of whether such products or property are the subject of the unpaid invoice, in order to allow Seller to recover all amounts, including but not limited to interest and penalties, owed by Buyer to Sellerexcept at Supplier’s own risk.