LOSS OR DAMAGE IN TRANSIT. When the price quoted includes delivery the Company shall repair or replace at the quoted rates goods damaged in transit or not delivered in accordance with the Advice Note, provided that the Company is given written notification of such damage or non-delivery within such time (being not more than two days) as will enable the Company to comply with the carrier’s conditions of carriage as affecting loss or damage in transit, or, where delivery is made by the Company’s own transport, within 2 days after receipt of the Advice Note. Upon receipt of the faulty/damaged goods at the Company’s warehouse and after inspection/testing, if the product defect found is as a result of the Company’s workmanship or faulty materials, then the replacement charge will be refunded in full. Notwithstanding the above undertaking, the Company will only consider claims for alleged shortage if they are received within two working days of the receipt of the goods by the Purchaser, together with sufficient information to enable the Company to properly identify the shortage including the Advice Note number, case number and condition of case. The Company reserves the right to charge £30 where a claim for alleged shortage is received but on investigation the goods are shown to have been correctly delivered. This charge will be deducted from any rebate due to the Purchaser. Where goods are collected by the Purchaser or the Purchaser’s staff or agent no claim for shortage or damage will be considered. In the event of an agreed shortage on an order the goods will need to be credited and reordered. The quantity of goods delivered will be assumed to be correct on any Advice Note signed by the Purchaser and marked “Not Checked”. Such goods will be invoiced in full by the Company.
LOSS OR DAMAGE IN TRANSIT. Buyer may not make any deduction from any payment due hereunder by reason of loss or damage to the Goods in transit. Upon Buyer’s written request, Seller, in its sole discretion, may agree as a service to Buyer to process Buyer’s claim against the carrier for any loss or damage in transit, provided that Seller receives such claim within five (5) days of delivery of the Goods. Any such claims must be accompanied by a delivery receipt, signed by carrier’s agent at time of delivery, or such claims will be waived.
LOSS OR DAMAGE IN TRANSIT. 1. Where the Goods are being supplied ex-works WPDT shall have no liability for goods lost or damaged in transit and it shall be the Customer’s responsibility to insure the goods against such risks. Where the Goods are being supplied other than ex-works then in the event of loss or damage in transit from any cause whatsoever (including causes which might be held to involve fundamental breach of contract) the liability of WPDT shall be limited (at WPDT’s option) to replacing, repairing the Goods or electrical equipment or refunding the purchase money.
LOSS OR DAMAGE IN TRANSIT. Delivery by a vendor to a common carrier does not constitute delivery to the City of Fairhope. Any claim for loss or damage incurred during delivery shall be between the vendor and the carrier. The City of Fairhope accepts title only after satisfactory receipt at the delivery point. The City of Fairhope shall note all visible damages on the freight bill and may refuse the damaged goods. The vendor shall make immediate replacement of the damaged merchandise or be subject to damages for breach of contract. If damage is to a small portion of a total shipment and the City of Fairhope will not be inconvenienced because of the shortage, the vendor may be permitted by the Purchasing Manager to deduct the amount of damage or loss from its invoice, in lieu of replacement. Risk of loss during delivery is borne by the vendor until the goods have been accepted by the City of Fairhope, unless otherwise specified in the RFQ / ITB / RFP or other form of solicitation.
LOSS OR DAMAGE IN TRANSIT. 10.1 In cases where Seller carries or procures the carriage of the Goods, Seller shall not in any event be liable for loss of or damage to the Goods in transit unless the following conditions are complied with:
LOSS OR DAMAGE IN TRANSIT. If the Company arranges for delivery of the goods and such goods are lost or damaged in transit before risk passes to the Customer the Company will at its option replace, repair or give credit for them only if the Customer notifies the Company in writing within seven days after delivery of the goods in the case of damage or short delivery or within seven days of receipt of the Company’s invoice in the case of non-delivery of the whole of the consignment of the goods.
LOSS OR DAMAGE IN TRANSIT. The risk in the goods passes to the Customer when the goods are delivered or deemed to be delivered in accordance with the Contract, and the Company accepts no responsibility for any damage, shortage or loss during unloading or transit from the point of delivery, whether or not the Company makes the arrangements. Claims for any such damage, shortage or loss in transit should be made on the carrier, in accordance with the terms of carriage.
LOSS OR DAMAGE IN TRANSIT. Longport shall repair or replace free of charge any Scanner lost or damaged in transit or not delivered in accordance with this Agreement provided that USMS shall give Longport written notice of any loss, damage or non-delivery (together with full details of the loss, damage or non-delivery) at least 2 Business Days prior to the latest date on which notification of any such loss, damage or non-delivery must be made to any carrier in accordance with that carrier's conditions of carriage and, in any event, no later than 10 Business Days after the time at which the Scanner is delivered as set out in Condition 6.1 (Place of Delivery) or is due to have been so delivered under this Agreement.
LOSS OR DAMAGE IN TRANSIT. Without prejudice to the provisions of clause 5 and subject to clause 11, the Seller shall not in any case be liable for loss or damage to Supplies in transit unless:
LOSS OR DAMAGE IN TRANSIT. Buyer may not make any deduction from any payment due hereunder by reason of loss or damage to the Goods in transit. Upon Buyer’s written request, Seller, in its sole discretion, may agree as a service to Buyer to process Buyer’s claim against the carrier for any loss or damage in transit, provided that Seller receives such claim within five (5) days of delivery of the Goods. Any such claims must be accompanied by a delivery receipt, signed by carrier’s agent at time of delivery, or such claims will be waived. Claims for material damaged during shipment by common carrier must be made within the time for claims specified by the common carrier used, or such claims are waived. If material is delivered by Seller, claims for materials damaged during shipment must be made within ten (10) days of delivery, or such claims are waived.
