TITLE, RISK OF LOSS AND SHIPMENT Sample Clauses

TITLE, RISK OF LOSS AND SHIPMENT. Unless otherwise indicated by Alorica on the Order, Xxxxxx agrees to be responsible for all freight and customs procedures and to pay all customs and freight charges incidental to the delivery of the goods listed on the Order. Notwithstanding the terms of delivery, title and risk of loss, responsibility for and damage to goods shall remain in Vendor and shall not pass to Alorica until such goods have reached Alorica place of business and until Alorica’s written acceptance thereof. Proof of delivery does not qualify as written acceptance thereof. If the goods are not accepted, for whatever reason and no matter what the F.O.B. terms state, Vendor agrees to pay all freight incident to the return of the goods, F.O.B to Vendor’s place of business or other destination. Shipment of all goods purchased pursuant hereto shall be affected as set forth in the Order. Unless otherwise expressly set forth in the relevant Order shall be not charge Alorica for insurance on shipments of goods, or for packing, crating, or drayage of goods. Vendor shall notify Alorica immediately of any situation that may delay or threaten to delay the timely delivery and/or performance of any Order. All or any portion of any Order may, at Alorica’s option, be canceled without liability by Alorica, if delivery is not made as or when specified in said Order and these Terms and Conditions. Any goods shipped by Vendor in excess of the quantity designated in any Order or tolerance from quantity previously agreed to in writing may be returned by Alorica at Vendor’s sole expense. The cost of any returned goods will be credited to Alorica, and any costs associated with the return of goods to the Vendor will be borne by the Vendor.
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TITLE, RISK OF LOSS AND SHIPMENT. Unless otherwise indicated by Alorica on the Order, Xxxxxx agrees to be responsible for all freight and customs procedures and to pay all customs and freight charges incidental to the delivery of the goods listed on the Order. Notwithstanding the terms of delivery, title and risk of loss, responsibility for and damage to goods shall remain in Vendor and shall not pass to Alorica until such goods have reached Alorica place of business and until Alorica’s written acceptance thereof. Proof of delivery does not qualify as written acceptance thereof. If the goods are not accepted, for whatever reason and no matter what the
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TITLE, RISK OF LOSS AND SHIPMENT. Title to the Products shall remain with Netgear in accordance with the terms of sale and delivery to Netgear's Customers. Prior to title passing, Kerry Logistics shall bear xxxx of all loss, damage or theft while the Products are in the care, custody and control of Kerry Logistics. Shipping xxxxxuctions shall be specified and Netgear shall designate default shipping instructions. Kerry Logistics shall provxxx Xetgear with proof of shipment upon request and shall provide reasonable assistance to Netgear in any claim Netgear may bring against a carrier or insurer for misdelivery, loss or damage to the Products. Kerry Logistics shall checx xxx outer cartons containing the Products immediately upon delivery thereof to the Kerry Logistics' Facility xxx xisible loss or damage and quantity. If the Products are damaged or the number of Products is incorrect, Kerry Logistics shall immexxxxxly make a note thereof on the waybill or other document received from the carrier. Furthermore, Kerry Logistics shall immexxxxxly, but in no event later than two (2) working days after receipt of the Products, notify Netgear of any such inconsistency. Kerry Logistics shall take xxx necessary measures to allow Netgear to claim damages for any such inconsistencies against the carrier. Upon delivery of the Products to the carrier for distribution in Hong Kong, Kerry Logistics shall checx xxx number of Products mentioned on the waybill or other document used by the carrier. In case of an inconsistency. NETGEAR AND KERRY LOGISTICS OPERATING XXXXXMENT the number mentioned on the waybill or document used by the carrier shall be amended before departure of the Products from the Kerry Logistics' facility. Kerry Logistics shall be rxxxxxsible for loading and unloading of the Products.
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TITLE, RISK OF LOSS AND SHIPMENT. Unless otherwise indicated by Alorica on the Order, Vendor agrees to be responsible for all freight and customs procedures and to pay all customs and freight charges incidental to the delivery of the goods listed on the Order. Notwithstanding the terms of delivery, title and risk of loss, responsibility for and damage to goods shall remain in Vendor and shall not pass to Alorica until such goods have reached Alorica place of business and until Alorica’s written acceptance thereof. Proof of delivery does not qualify as written acceptance thereof. If the goods are not accepted, for whatever reason and no matter what the F.O.B. terms state, Vendor agrees to pay all freight incident to the return of the goods, F.O.B to Vendor’s place of business or other destination.
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TITLE, RISK OF LOSS AND SHIPMENT. Unless otherwise indicated by Alorica on the PO, Vendor agrees to be responsible for all freight and customs procedures and to pay all customs and freight charges incidental to the delivery of the goods listed on the PO. Notwithstanding the terms of delivery, title and risk of loss, responsibility for and damage to goods shall remain in Vendor and shall not pass to Alorica until such goods have reached Alorica place of business and until Alorica’s written acceptance thereof. Proof of delivery does not qualify as written acceptance thereof. If the goods are not accepted, for whatever reason and no matter what the F.O.B. terms state, Xxxxxx agrees to pay all freight incident to the return of the bien o servicio comprado; y (h) Descripción por ítem de costo xx xxxxx y cualquier otro cargo. Si alguno de estos ítems no está documentado en la factura, la factura no será procesada para pago hasta que la factura sea corregida. Todas las facturas deben ser recibidas por Alorica dentro de los treinta (30) xxxx xx xxxxx enviado los bienes. Las partes acuerdan que si el pago es enviado a el Proveedor dentro de los treinta (30) xxxx siguientes a la fecha de la factura, el Proveedor dará a Alorica un descuento del 3% sobre el saldo adeudado. El pago de Alorica de cualquier factura constituirá entera y completa satisfacción de cualquier y todos los cargos, actuales y potenciales, por el periodo de facturación cubierto por la factura. Todos los reclamos del Proveedor por dineros adeudados o que serán adeudados por Alorica estarán sujetos a deducciones o a ser usados como compensación por Alorica por cualquier reclamo o contrademanda de Alorica que surja de este acuerdo, cualquier OC de Alorica con el Proveedor o cualquier otra transacción entre Alorica y el Vendedor. 6.
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TITLE, RISK OF LOSS AND SHIPMENT 
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Related to TITLE, RISK OF LOSS AND SHIPMENT

  • 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 All risk of loss, damage to or destruction of the Collateral shall at all times be on Debtor. Debtor will procure forthwith and maintain at Debtor's expense insurance against all risks of loss or physical damage to the Collateral for the full insurable value thereof for the life of this Security Agreement, and shall promptly deliver to Secured Party a Certificate of Insurance reflecting the aforesaid and showing loss payable to Secured Party; and providing Secured Party with not less than 30 days written notice of cancellation; each such policy shall be with insurance carriers satisfactory to Secured Party; Secured Party's acceptance of policies in lesser amounts or risks shall not be a waiver of Debtor's foregoing obligations. As to Secured Party's interest in such policy, no act or omission of Debtor or any of its officers, agents, employees or representatives shall affect the obligations of the insurer to pay the full amount of any loss. Debtor hereby assigns to Secured Party any monies which may become payable under any such policy of insurance and if an event of default has occurred and is continuing hereunder, then Debtor irrevocably constitutes and appoints Secured Party as Debtor's attorney in fact (a) to make, settle and adjust claims under each policy of insurance, (b) to make claims for any monies which may become payable under such and other insurance on the Collateral including returned or unearned premiums, and (c) to endorse Debtor's name on any check, draft or other instrument received in payment of claims or returned or unearned premiums under each policy and to apply the funds to the payment of the indebtedness owing to Secured Party; provided, however, Secured Party is under no obligation to do any of the foregoing; and provided further however, if an event of default has not occurred and is not continuing hereunder, then Debtor is permitted to handle all insurance claims. Debtor shall provide to Secured Party a true copy of each insurance policy. Should Debtor fail to maintain such policy in full force and provide evidence thereof to Secured Party, or to pay any premium in whole or in part relating thereto, then Secured Party, without waiving or releasing any default or obligation by Debtor, may (but shall be under no obligation to) obtain and maintain insurance and pay the premium therefor on behalf of Debtor and charge the premium to Debtor's indebtedness under this Security Agreement. The full amount of any such premium paid by Secured Party shall be payable by Debtor upon demand, and failure to pay same shall constitute an event of default under this Security Agreement.

  • 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.

  • 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.

  • 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 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.

  • Passage of Title and Risk of Loss Legal title, equitable title and risk of loss with respect to the Acquired Assets will not pass to Buyer until the Acquired Assets are transferred at the Closing.

  • 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).

  • Risk of Loss; Insurance A. Landlord and Tenant shall each be responsible for loss, damage, or injury caused by its own negligence or willful conduct.

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