Common use of Title and Delivery Clause in Contracts

Title and Delivery. 4.1. All deliveries will be made Ex Works Seller’s facility. Unless otherwise specified, risk will pass to Buyer upon tender to the carrier. Buyer bears the exclusive risk of loss or damage to the Products at all times after Seller has delivered such Products to the carrier. Any claim by ▇▇▇▇▇ against Seller for shortage or damage occurring prior to such delivery must be made, in writing, within five (5) days after receipt of shipment and accompanied by original transportation bill signed by the carrier noting that carrier received the Products from Seller in the condition claimed. pg. 2 4.2. Title to Products being purchased is retained by Seller until such Products are fully paid for by Buyer and, at that time, title passes to Buyer. 4.3. Seller retains and Buyer hereby grants Seller a security interest in the Products, including all accessions to them until ▇▇▇▇▇ has made payment in full in accordance with the terms hereof. Buyer authorizes Seller to file a financing statement describing the Products and Buyer shall cooperate fully with Seller in executing such documents including a Uniform Commercial Code financing statement, and accomplishing such filings and/or recordings thereof as Seller may deem necessary for the perfection and protection of such security interest. 4.4. Seller will make commercially reasonable efforts to ship orders within the times quoted, however Buyer acknowledges that all delivery times or shipment dates are approximate and may change. Times quoted for shipment will date from receipt by Seller of the Buyer’s order accompanied by all necessary information enabling work to commence, together with any import license and/or permits which may be necessary. ▇▇▇▇▇ acknowledges that time for delivery is not of the essence.

Title and Delivery. 4.1. All deliveries will be made Ex Works FCA (per Incoterms 2000, as amended) Seller’s facilityfacility or other location determined by Seller. Unless otherwise specified, risk will pass to Buyer upon tender to the carrier. Buyer bears the exclusive risk of loss or damage to the Products at all times after Seller has delivered such Products to the carrier. Any claim by ▇▇▇▇▇ Buyer against Seller for shortage or damage occurring prior to such delivery must be made, in writing, within five thirty (530) days after receipt of shipment and accompanied by original transportation bill ▇▇▇▇ signed by the carrier noting that carrier received the Products from Seller in the condition claimed. pg. 2. 4.2. Title to hardware Products being purchased is retained by Seller until such Products are fully paid for by the Buyer and, at that time, title passes to Buyer. Title to any software provided to Buyer (the “Software”) shall at all times remain with the licensor of such software. 4.3. Seller retains and Buyer hereby grants Seller a security interest in the ProductsProducts described in each order, including all accessions to them until ▇▇▇▇▇ Buyer has made payment in full in accordance with the terms hereof. Buyer authorizes Seller to file a financing statement describing the Products and Buyer shall cooperate fully with Seller in executing such documents including a Uniform Commercial Code financing statement, and accomplishing such filings and/or recordings thereof as Seller may deem necessary for the perfection and protection of such security interest. 4.4. Seller will make commercially reasonable efforts to ship orders within the times quoted, however Buyer acknowledges that all delivery times or shipment dates are approximate and may change. Times quoted for shipment will date from receipt by Seller of the Buyer’s order accompanied by all necessary information enabling work to commence, together with any import license and/or permits which may be necessary. ▇▇▇▇▇ Buyer acknowledges that time for delivery is not of the essence.

Title and Delivery. 4.1. All deliveries will be made Ex Works Seller’s facility. Unless otherwise specified, risk will pass to Buyer upon tender to the carrier. Buyer bears the exclusive risk of loss or damage to the Products at all times after Seller has delivered such Products to the carrier. Any claim by ▇▇▇▇▇ Buyer against Seller for shortage or damage occurring prior to such delivery must be made, in writing, within five (5) days after receipt of shipment and accompanied by original transportation bill ▇▇▇▇ signed by the carrier noting that carrier received the Products from Seller in the condition claimed. pg. 2 4.2. Title to Products being purchased is retained by Seller until such Products are fully paid for by Buyer and, at that time, title passes to Buyer. 4.3. Seller retains and Buyer hereby grants Seller a security interest in the Products, including all accessions to them until ▇▇▇▇▇ Buyer has made payment in full in accordance with the terms hereof. Buyer authorizes Seller to file a financing statement describing the Products and Buyer shall cooperate fully with Seller in executing such documents including a Uniform Commercial Code financing statement, and accomplishing such filings and/or recordings thereof as Seller may deem necessary for the perfection and protection of such security interest. 4.4. Seller will make commercially reasonable efforts to ship orders within the times quoted, however Buyer acknowledges that all delivery times or shipment dates are approximate and may change. Times quoted for shipment will date from receipt by Seller of the Buyer’s order accompanied by all necessary information enabling work to commence, together with any import license and/or permits which may be necessary. ▇▇▇▇▇ Buyer acknowledges that time for delivery is not of the essence.