DELIVERY, TITLE AND RISK OF LOSS. Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). In any case, delivery and risk of loss is in accordance with INCOTERMS 2010. Title to products shall pass to the Customer upon full payment of the invoice(s). In the absence of specific instructions, goods will be shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of goods.
DELIVERY, TITLE AND RISK OF LOSS. Unless otherwise agreed by the parties in writing, shipment will be made in a manner determined by Seller. Title (except as provided in Section 8, "RIGHTS IN INTELLECTUAL PROPERTY") and risk of loss or damage to the product shall pass in accordance with the designated Incoterm (2010) or if none is so designated, then to Buyer at the xxxx Xxxxxx delivers possession of the product to a carrier at Seller's plant or warehouse. Product held by Seller at Buyer's request beyond the scheduled delivery date shall be at Buyer's risk and expense.Unless otherwise agreed, freight shall be prepaid by Seller and invoiced back to Buyer. Buyer shall be responsible for expenses incurred by Seller where, at Buyer's request, Seller ships or packs product in other than its normal manner for shipment.
DELIVERY, TITLE AND RISK OF LOSS. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from NI, its warehouses, or its affiliated companies; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment to NI in full. For orders to be delivered within the same country as the NI entity accepting the order, NI will arrange the shipping; however, Customer is responsible for all shipping and handling fees set forth in the invoice, if any. If Customer chooses to arrange for shipping or if the order is placed with an NI entity outside the country of the applicable shipping destination, Customer is responsible for all shipping and handling, including fees, customs, formalities and clearance. Shipment dates provided by NI are estimates only, and NI shall have no liability for losses or claims resulting from late delivery of Products. Claims for shipment shortage shall be deemed waived unless presented to NI in writing within forty-five (45) days of the invoice date.
DELIVERY, TITLE AND RISK OF LOSS. Delivery of Goods shall be as is set forth in the PO, and any delay in delivery is at the exclusive liability of Seller. In addition to its other rights and remedies contained herein, if delivery of Goods is not completed by the time promised, Buyer reserves the right without liability, to terminate the Agreement by notice effective when received by Seller as to items not yet shipped and to purchase substitute items elsewhere and charge Seller with any loss incurred. Title to the Goods and risk of loss remain with Seller until delivery of the Goods to, and acceptance of Goods by, Buyer. Further, title shall pass to Buyer free and clear of claims, liens and encumbrances (save Seller’s right to receive payment therefor) upon delivery to and acceptance by Buyer.
DELIVERY, TITLE AND RISK OF LOSS. Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). Whether or not the sale is FCA or Ex Works, the Customer must cover the transport costs of the products; the products are deemed delivered to the customer, and the risks of loss of the products (including without limitation when loading them onto trucks, transferring them to a ship or a plane, and meeting customs regulations) pass to Customer when EDDYFI places the products at the disposal of the Customer or its carrier at EDDYFI’s manufacturing site. Title to products shall pass to the Customer upon full payment of the products. In the absence of specific instructions, goods are shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of the products. Subject to the foregoing, the applicable INCOTERMS 2010 apply to the delivery and risks of loss of products.
DELIVERY, TITLE AND RISK OF LOSS. Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). Whether or not the sale is FCA or Ex Works, the Customer must cover the transport costs of the products; the products are deemed delivered to the customer, and the risks of loss of the products (including without limitation when loading them onto trucks, transferring them to a ship or a plane, and meeting customs regulations) pass to Customer when EDDYFI places the products at the disposal of the Customer or its carrier at EDDYFI’s manufacturing site. Title to products shall pass to the Customer upon full payment of the products. In the absence of specific instructions, goods are shipped via the carrier EDDYFI deems most practical. No claim for error in shipment will be considered unless made within ten (10) days of Customer’s receipt of the products. Subject to the foregoing, the applicable INCOTERMS 2010 apply to the delivery and risks of loss of products. In the event Customer wishes to make any change affecting the delivery of the products (including but not limited to a change in Incoterms, change of address or carrier) less than five (5) days prior to the date originally scheduled for shipment of the products, Customer agrees to pay additional fees reasonably determined by EDDYFI to offset the administrative cost of effecting such change.
DELIVERY, TITLE AND RISK OF LOSS. (a) Delivery of Rounds to Buyer shall take place at the handoff between the N&T Railroad and IRSS, unless otherwise agreed, or in such manner or at such other place as shall be agreed upon by the parties in writing prior to the shipment of Rounds. Title and risk of loss and damage to the Rounds shall pass from Seller to Buyer when the Rounds are delivered in accordance with this Section 2.6(a). Seller shall be responsible for truck detention and/or rail demurrage charges incurred by Buyer which arise out of delays to carrier equipment at Lorain Works receiving shipments of Rounds ordered hereunder which have been scheduled by Seller, it being understood that Seller will ordinarily schedule such shipments. Seller shall accept direct billing from carriers for any such detention and/or demurrage.
DELIVERY, TITLE AND RISK OF LOSS. The parties agree that time is of the essence. Seller shall deliver the goods and services in strict accordance with the delivery dates, in the exact quantities and at the destination(s) specified on the face of this Order. Unless otherwise specifically provided on the face of this Order, the goods shall be delivered on a Delivered Duty Paid (DDP) basis, as defined in Incoterms 2010, to the destination designated by MACOM on the face of this Order. Freight charges invoiced to Buyer, whether by Seller or the carrier, will be charged back to and paid by Seller. If an Ex Works or FCA Incoterm is designated, MACOM will be responsible for freight charges to the destination designated on the face hereof. Any costs incurred by MACOM as a result of Seller’s failure to comply with MACOM’s routing instructions shall be borne by Seller. Notwithstanding any prior inspections, and irrespective of the Incoterm point named herein, Seller shall bear all risks of loss, damage and destruction of the goods until final acceptance by MACOM at the designated ship-to destination. Further, Seller shall bear the same risks with respect to any goods rejected by MACOM or as to which MACOM has revoked its acceptance, from the time of such rejection or revocation. Title to and risk of loss of the goods shall pass to MACOM upon final acceptance. No partial or complete delivery shall be made hereunder prior to the delivery date(s) shown unless MACOM has given Seller its prior written consent to do so. MACOM will pay only for maximum quantities ordered. Overshipments will be held at Seller’s risk and expense for a reasonable time while MACOM awaits return shipping instructions from Seller.
DELIVERY, TITLE AND RISK OF LOSS. (a) Subject to the provisions of this Agreement, Products shall be delivered to Buyer in accordance with instructions of Buyer submitted to Seller from time to time. Products will be in truckload quantities, **OMITTED PURSUANT TO CONFIDENTIAL TREATMENT REQUEST.**
DELIVERY, TITLE AND RISK OF LOSS. XDx or the Designee shall deliver all Products to Diaxonhit Free on Board (FOB), facility of XDx or its sub-contractor, as defined in INCOTERMS 2010. Title to all Products shall pass to Diaxonhit at the time and place of delivery.
