SHIPPING; RISK OF LOSS; TITLE Sample Clauses

SHIPPING; RISK OF LOSS; TITLE. The Company will ship Product Ex Works from the Company’s Distribution Center or other shipping point. The Company is not responsible for any loss resulting from any delay in shipping or failure to ship.
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SHIPPING; RISK OF LOSS; TITLE. Supplier shall, within 7 calendar days of Supplier’s confirmation of MWI’s order or such later date as MWI may request, ship the Products DDP – Delivered Duty Paid (Incoterms 2010) directly to the distribution center or other location designated by MWI. Supplier shall pay all costs associated with delivering the Product to MWI, including freight, detention, demurrage, sorting, packing, and segregation, except to the extent any such charges result from MWI’s failure to timely accept any proper shipment of conforming Products. Supplier will not ship any partial cases of Products to MWI. Title and risk of loss for the Products shall pass from Supplier to MWI upon MWI’s receipt of delivery of such Products in good order and condition at MWI’s distribution center or other destination designated by MWI.
Sample 1
SHIPPING; RISK OF LOSS; TITLE. Products will be shipped to the destination in the United States specified in the order. Shipping and handling costs will be reflected as a separate line item on the XXXXXXX & ASSOCIATES invoice. Risk of loss will pass to CUSTOMER on the Delivery Date. Title to XXXXXXX & ASSOCIATES-installed hardware will pass to CUSTOMER on the In-Service Date. Title to all other hardware will pass to CUSTOMER on the Delivery Date. Title to software provided under the Agreement will remain solely with licensors to XXXXXXX & ASSOCIATES, unless otherwise stated in the license agreement shipped with software. Subject to CUSTOMER’s payment of fees for Products and Services, XXXXXXX & ASSOCIATES grants CUSTOMER a non-exclusive, non-transferable, perpetual, limited, non-sublicense able license to use Deliverables created by XXXXXXX & ASSOCIATES and delivered to CUSTOMER as a part of Services.
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SHIPPING; RISK OF LOSS; TITLE. All shipping dates are approximate and are based on Seller’s prompt receipt of an accurate Buyer purchase order and all information necessary to properly process and ship the order to the location designated by Buyer. All shipping terms used in this Agreement (ExWorks or ‘EXW’; Delivered at Place or ‘DAP’) shall have the meanings as set forth under the International Chamber of Commerce (ICC) Incoterms® 2010. Except for warranty-based shipments, all Goods are shipped EXW Seller’s applicable facility. All Goods shipped to Buyer under warranty are shipped DAP from the applicable Seller facility, meaning Seller is responsible for all freight costs and Buyer is responsible for clearing such warranty related Goods through local customs in the country where the Goods are shipped to and paying all costs associated therewith, including without limitation, all duties, value added taxes (VAT), goods sold taxes (GST) and/or other local taxes, fees and costs of any kind imposed by local customs. Subject to Section 8(a) below related to Software, and regardless of the applicable Incoterm, title to and risk of loss for the Goods shall transfer to Buyer upon tender of the Goods to the carrier at the applicable Seller facility. With respect to Resale Products, and as used in this Agreement, Seller’s facility shall mean the original manufacturer’s facility if the Goods originally shipped to Buyer from such facility. With respect to Services, and as used in this Agreement, the term “shipment” shall mean the beginning of the provision of the Services. And with respect to Software, and as used in this Agreement, the term “shipment” shall mean the physical shipment of Software if it was physically shipped to Buyer (including in or as part of any Products or SMT Inspection Machines) and shall mean the electronic transmittal to Buyer if the Software was electronically transmitted to Buyer.
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SHIPPING; RISK OF LOSS; TITLE. FLIPBELT will ship Product FCA, the FLIPBELT Distribution Center or other shipping point. FLIPBELT is not responsible for any loss resulting from any delay in shipping or failure to ship.
Sample 1
SHIPPING; RISK OF LOSS; TITLE. Muscle Club will ship Product USPS, from the Muscle Club Distribution Center or other shipping point. Muscle Club is not responsible for any loss resulting from any delay in shipping or failure to ship.
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SHIPPING; RISK OF LOSS; TITLE. All shipments of Products by SDI to DuPont Qualicon under this Agreement shall be F.O.B. SDI's facility, Newark Delaware. Risk of loss, delay or damage shall pass, along with title, from SDI to DuPont Qualicon at the time of delivery of each shipment of the Products at the F.O.B. point.
Sample 1
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SHIPPING; RISK OF LOSS; TITLE. Unless otherwise set forth on the Statement of Work, all equipment purchased by SpectraNet shall be shipped FOB Gaithersburg, Md. to SpectraNet according to ACE*COMM's (or the manufacturer's) normal procedures, and SpectraNet shall pay all associated shipping, insurance and handling charges. Title to all equipment, cabling and hardware delivered to SpectraNet hereunder shall transfer to SpectraNet concurrently with SpectraNet's payment to ACE*COMM (or, if applicable, to the vendor of such equipment, cabling or hardware) with respect to such equipment, cabling or hardware.
Sample 1

Related to SHIPPING; RISK OF LOSS; TITLE

  • Delivery; Risk of Loss Deliveries must be made both in quantities and at times specified on the face of the Purchase Order or in Buyer's schedules and time is of the essence. Buyer’s delivery schedules are an integral part of the Purchase Order, are governed by these terms and conditions and are not independent contracts. ▪ Buyer will not be required to make payment for goods delivered to Buyer that are in excess of quantities specified in Buyer's delivery schedule on the Purchase Order or in written releases issued by Buyer. Buyer may reject any deliveries made after or before the specified delivery date. Seller will bear all costs and damages incurred by Buyer due to late or early delivery. ▪ If Seller fails to meet the agreed upon delivery requirements for reasons other than those specified in paragraph 13 below, and Buyer requires a more expeditious method of transportation for the goods than the transportation method originally specified, Seller shall ship the goods as expeditiously as possible at Seller's expense and invoice Buyer for the amount, if any, that Buyer would have paid for normal shipment. ▪ Unless provided otherwise in the Purchase Order, all goods are sold DAP. Seller shall be responsible for and bear the risk of any loss or damage to the goods until received by the Buyer.

  • 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.

  • Risk of Loss Matters of inspection and acceptance are addressed in section 215.422, F.S. Until acceptance, risk of loss or damage will remain with the Contractor. The Contractor will be responsible for filing, processing, and collecting all damage claims. To assist the Contractor with damage claims, the Customer will: record any evidence of visible damage on all copies of the delivering xxxxxxx’x xxxx of lading; report damages to the carrier and the Contractor; and provide the Contractor with a copy of the xxxxxxx’x xxxx of lading and damage inspection report.

  • Title; Risk of Loss Title to and risk of loss of the deliverables shall pass to the City only when the City actually receives and accepts the deliverables.

  • Insurance and Risk of Loss Borrower will at all times bear all risk of loss of, damage to or destruction of the Collateral. Borrower agrees to immediately procure and maintain insurance on the Collateral for the full insurable value thereof and for the life of this Agreement, containing the same or similar provisions as the insurance policies in place on the Closing Date in the form of "All Risk" or similar insurance (insuring the Collateral for fire, extended coverage, vandalism, theft and collision and containing only those exclusions from coverage which are acceptable to CitiCapital) plus such other insurance as CitiCapital may specify from time to time, all in form and amount and with such insurers satisfactory to CitiCapital. Borrower agrees to deliver promptly to CitiCapital certificates or, if requested, policies of insurance satisfactory to CitiCapital, each with a standard long-form loss-payable endorsement naming CitiCapital or its assigns as loss payee and providing that CitiCapital's rights under such policy will not be invalidated by any act, omission or neglect of anyone other than CitiCapital, and containing the insurer's agreement to give 30 days prior written notice to CitiCapital before any cancellation of or material change in the policy(s) will be effective as to CitiCapital, whether such cancellation or change is at the direction of Borrower or insurer. CitiCapital's acceptance of policies in lesser amounts or risks will not be a waiver of Borrower's obligation to procure insurance complying with the provisions hereof promptly after notice from CitiCapital. Borrower assigns to CitiCapital all proceeds of any physical damage or credit insurance that is maintained by Borrower in accordance herewith, including returned and unearned premiums, up to the amount owing hereunder by Borrower. Borrower directs all insurers to pay such proceeds solely to the order of CitiCapital for application to Borrower's indebtedness to CitiCapital in a manner determined by CitiCapital in its sole discretion.

  • Insurance; Risk of Loss Seller shall, and shall cause the Companies to, keep insurance policies or self-insured retentions currently maintained for the benefit of the Companies covering their business, assets and current or former employees and the Contributed Assets, as the case may be (the “Insurance Coverage”), or suitable replacements therefor, in full force and effect through the close of business on the Closing Date. From and prior to the Closing Date, Seller agrees to take such actions as may be reasonably necessary not to voluntarily relinquish or terminate policies providing Insurance Coverage if doing so would adversely affect the availability of such Insurance Coverage. The availability of Insurance Coverage with respect to any claim shall be subject in all respects to Seller’s applicable deductibles, retention and similar limits. From and after the Closing Date, the Companies shall be solely responsible for all insurance coverage and related risk of loss based on claims pending as of the Closing Date and claims made after the Closing Date, without regard to when the event giving rise to any such claim occurred, with respect to the Companies and their business, assets and current or former employees. Notwithstanding the immediately preceding sentence, Seller and Buyer agree that all claims with respect to insured events relating to the Business occurring prior to the Closing will be administered in all material respects in accordance with the terms of the Insurance Coverage. Seller will use its reasonable best efforts to provide Buyer with the benefit of the Insurance Coverage with respect to such claims to the extent Losses occurring prior to the Closing related to the Business are covered notwithstanding the consummation of the Contemplated Transactions; provided that (a) such recovery will be net of any deductibles or self-insured retention amounts, costs of any retroactive insurance premiums or other amounts paid or expenses incurred in connection with any insured claims made after the Closing under the Insurance Coverage and (b) Seller shall have no obligation to Buyer or any Company hereunder to prioritize Company claims over other claims of Seller or any of its Affiliates. In the event of any failure by any insurer to satisfy any claim, Seller and its Affiliates shall have no liability or obligation to Buyer pursuant to this Section 8.5; provided, that the foregoing shall not preclude any liability of Seller for any breach by Seller of this Section 8.5. To the extent that after the Closing any party hereto requires any information regarding claim data, payroll or other information relating to the Companies in order to make filings with insurance carriers or regulators from another party hereto, such other party shall promptly supply such information. Notwithstanding anything to the contrary in this Section 8.5, nothing in this Section 8.5 shall require Seller or any of its Affiliates to expend money (other than customary legal advisor costs), commence or participate in any Proceeding or offer or grant any accommodation or concession (financial or otherwise) to any third party.

  • Delivery and Risk of Loss 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 all damages of any kind incurred or 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 delivery schedule. 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 fails to meet the contractual schedule. Unauthorized advance shipments and shipments other than for the quantity ordered are returnable at Seller’s expense. Identification of the goods under Section 2-501 of the Uniform Commercial Code shall occur at the moment Seller accepts this Purchase Order. Seller shall not be excused from performing its obligations hereunder if the goods identified are destroyed. 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 be upon Seller and shall not pass to Buyer until received at Buyer’s facility in a condition in accordance with the terms of this Purchase Order. The cost of all return shipments shall be borne by Seller.

  • Title and Risk of Loss Notwithstanding the form of shipment, title or other property interest, risk of loss shall not pass from the Contractor to the Authorized User until the Products have been received, inspected and accepted by the receiving entity. Acceptance shall occur within a reasonable time or in accordance with such other defined acceptance period as may be specified in the Bid Specifications or Purchase Order. Mere acknowledgment by Authorized User personnel of the delivery or receipt of goods (e.g., signed xxxx of lading) shall not be deemed or construed as acceptance of the Products received. Any delivery of Product that is substandard or does not comply with the Bid Specifications or Contract terms and conditions, may be rejected or accepted on an adjusted price basis, as determined by the Commissioner.

  • Risk of Loss; Notice Prior to Closing and the delivery of possession of the Property to Buyer in accordance with this Contract, all risk of loss to the Property (whether by casualty, condemnation or otherwise) shall be borne by Seller. In the event that (a) any loss or damage to the Hotel shall occur prior to the Closing Date as a result of fire or other casualty, or (b) Seller receives notice that a governmental authority has initiated or threatened to initiate a condemnation proceeding affecting the Hotel, Seller shall give Buyer immediate written notice of such loss, damage or condemnation proceeding (which notice shall include a certification of (i) the amounts of insurance coverages in effect with respect to the loss or damage and (ii) if known, the amount of the award to be received in such condemnation).

  • LIABILITY AND RISK OF LOSS A. Each Party hereby waives any claim against the other Party, employees of the other Party, the other Party's Related Entities (including but not limited to contractors and subcontractors at any tier, grantees, investigators, customers, users, and their contractors or subcontractor at any tier), or employees of the other Party's Related Entities for any injury to, or death of, the waiving Party's employees or the employees of its Related Entities, or for damage to, or loss of, the waiving Party's property or the property of its Related Entities arising from or related to activities conducted under this Agreement, whether such injury, death, damage, or loss arises through negligence or otherwise, except in the case of willful misconduct.

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