Common use of DELIVERY AND TITLE Clause in Contracts

DELIVERY AND TITLE. Most software Products shall be delivered to Client via electronic download. For those that are not, and for all hardware products, all shipments by Winmill are F.O.B. Origin (Xxxxxxx’x facility or the facilities of any Winmill supplier) and all transportation charges shall be paid by Client in addition to the price of the Products. Subject to Xxxxxxx’x right of stoppage in transit, delivery of the Products to the carrier shall constitute delivery to Client and title and risk of loss shall thereupon pass to Client. Selection of the carrier and delivery route shall be made by Winmill unless specified by Client. Winmill shall use commercially reasonable efforts to initiate shipment and schedule delivery as close as possible to Client’s requested delivery dates. Client acknowledges that delivery dates provided by Winmill are estimates only and that Winmill is not liable for failure to deliver on such dates, provided that Winmill will use commercially reasonable efforts to inform Client of delivery status. Winmill reserves the right to make deliveries in installments. Delivery of a quantity which varies from the quantity specified shall not relieve Client of the obligation to accept delivery and pay for the Products delivered. Delay in delivery of one installment shall not entitle Client to cancel other installments.

DELIVERY AND TITLE. Most software Products shall be delivered to Client via electronic download. For those that are not, and for all hardware products, all shipments by Winmill WinMill are F.O.B. Origin (Xxxxxxx’x XxxXxxx’x facility or the facilities of any Winmill WinMill supplier) and all transportation charges shall be paid by Client in addition to the price of the Products. Subject to Xxxxxxx’x XxxXxxx’x right of stoppage in transit, delivery of the Products to the carrier shall constitute delivery to Client and title and risk of loss shall thereupon pass to Client. Selection of the carrier and delivery route shall be made by Winmill WinMill unless specified by Client. Winmill WinMill shall use commercially reasonable efforts to initiate shipment and schedule delivery as close as possible to Client’s requested delivery dates. Client acknowledges that delivery dates provided by Winmill WinMill are estimates only and that Winmill WinMill is not liable for failure to deliver on such dates, provided that Winmill WinMill will use commercially reasonable efforts to inform Client of delivery status. Winmill WinMill reserves the right to make deliveries in installments. Delivery of a quantity which varies from the quantity specified shall not relieve Client of the obligation to accept delivery and pay for the Products delivered. Delay in delivery of one installment shall not entitle Client to cancel other installments.