DELIVERY TRANSFER OF TITLE PACKAGING - TRANSPORTATION Clause Samples
The 'Delivery Transfer of Title Packaging - Transportation' clause defines the terms under which goods are delivered, when ownership (title) passes from seller to buyer, and the responsibilities for packaging and transportation. Typically, this clause specifies the point at which risk and title transfer—such as upon shipment or delivery at a specified location—and outlines the standards for packaging to ensure safe transit. It may also allocate responsibility for transportation costs and logistics. The core function of this clause is to clearly delineate the parties' obligations and risks during the delivery process, thereby preventing disputes over ownership, damage, or loss during shipment.
DELIVERY TRANSFER OF TITLE PACKAGING - TRANSPORTATION. 4.1 Unless otherwise agreed in writing, all Goods shall be sold FCA, Buyer’s warehouse/office or such other location (as specified in the relevant Order), in accordance with Incoterms 2010 or its successor, as amended by these GPC, and shall be unloaded at the final destination indicated by the Buyer to the Seller (“Delivery”, and all variations thereof shall have corresponding meanings). If no specific place of Delivery is specified, Delivery can be made only at the place where the Buyer usually takes Delivery of such Goods. Before Delivery:
4.1.1 The Seller shall inspect the Goods for compliance with the Order specifications, quality, weight, and physical dimensions, as well as for any damage to the Goods or their packaging.
4.1.2 Without prejudice to the terms of clause 4.1.1, the Buyer reserves the right to verify the progress and proper performance of any obligation relating to an Order by the Seller and to conduct any quality investigations and testing it deems advisable in respect of the Goods, or otherwise. The Seller shall provide the Buyer and its representatives or agents free access to the Seller's workshop/s at all reasonable times during the Seller’s normal working hours. Any verification or inspection by the Buyer pursuant to this clause shall in no way relieve the Seller from its obligations in terms of the Order or these GPC, or limit such obligations in any way.
4.1.3 The Goods shall be packaged in full accordance with the “Packing and Marking Specification” contemplated in or accompanying the relevant Order so that they will not be damaged during transportation or handling. All items shall be properly marked according to
(i) applicable rules and laws, especially in the case of hazardous or dangerous goods, and (ii) the Buyer’s instructions.
4.1.4 If the Seller requires the use of the Buyer’s lifting equipment or employees to assist with unloading at the place of Delivery, the Buyer will require at least 24 hours’ notice and their use by the Seller shall be at the Seller’s risk.