Delivery and Risk of Loss. Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver. Unless otherwise required by a contract of Buyer with a customer of Buyer with respect only to products ordered by such customer, Title shall not pass with respect to any products ordered until Buyer makes payment in full thereof. In the alternative, Seller reserves a purchase money security interest in the products sold as well as any other products or property forwarded to Seller by Buyer for servicing or evaluation until full payment has been received. Buyer agrees to execute any document appropriate or necessary to perfect Seller's security interest or to acknowledge that title remains with Seller. In the alternative, Seller may file this order as a financing statement and/or chattel mortgage. Buyer a...
Delivery and Risk of Loss. SBS shall deliver the quantities of the Product (and placebos) set forth in each Firm order on the delivery date specified therein, to a location designated in writing by Voyager, FOB (as defined in the UCC) SBS’s facility in Birmingham, Alabama. Title to the Products shall pass to Voyager at the time of delivery.
Delivery and Risk of Loss. Delivery shall be F.O.B. Melville, N.Y. (or, if international, FCA Melville, N.Y., U.S.A.) unless otherwise agreed to in writing by ChyronHego. Upon request by Customer, ChyronHego shall prepay insurance and freight and invoice Customer for such costs. Title and Risk of Loss shall pass to the Customer when the products are delivered to the carrier. Title to Hardware will pass to Customer upon receipt of final payment to ChyronHego, with the exception of Hardware which is under a Lease arrangement.
Delivery and Risk of Loss. Unless otherwise agreed to by the applicable FoundryCo Sales Entity and AMD, the Products will be delivered EXW the applicable FoundryCo Manufacturing Entity (Incoterms 2000). Title to Products will pass from the applicable FoundryCo Sales Entity to AMD upon receipt of the Products by AMD or its carrier at the FoundryCo Manufacturing Entity shipping dock, unless the applicable FoundryCo Sales Entity and AMD agree to another location. At AMD’s request, the applicable FoundryCo Sales Entity will arrange for transportation in accordance with standard industry practice, and AMD shall pay for the transportation of the Products.
Delivery and Risk of Loss. All Products shall be shipped to Reseller FOB shipping point from BlueCat’s manufacturer’s address. The risk of loss or damage shall pass to Reseller upon delivery of same to a common carrier. BlueCat shall notify Reseller promptly upon becoming aware of an anticipated delay in delivery. Claims for shortages must be made in writing within five (5) days following receipt of shipment by Reseller. Reseller is responsible for all freight charges associated with the shipment of Products and the appropriate amount shall be added to the Reseller’s invoice and paid by Reseller.
Delivery and Risk of Loss. (a) Delivery of Dendreon Components ordered hereunder by Kirin shall be by FCA Dendreon's actual manufacturing facility for such Components. "FCA" shall be construed in accordance with INCOTERMS 1990 of the International Chamber of Commerce. At Kirin's request and cost, Dendreon shall arrange shipping to specified Kirin locations. Delivered Dendreon Components shall be appropriately packaged by Dendreon, at Dendreon's expense, for export shipment.
Delivery and Risk of Loss. 3.1 Shipment terms of the Product shall be FOB Shipping Point, unless otherwise identified in the CAE Healthcare quotation. Upon receipt of acceptance of quotation, CAE Healthcare shall notify Customer of expected delivery date and installation services, if such services are indicated in the quotation. In addition, if training is also indicated in the quotation, CAE Healthcare and Customer shall agree on the dates for the training for Customer’s employees. Notwithstanding anything indicated in the quotation, risk of loss shall pass to Customer upon delivery at the Customer delivery point indicated in the quotation (the “Site”).
Delivery and Risk of Loss. Unless otherwise specified in the Purchase Order, all Materials delivered to Elementum 3D shall be FCA (Incoterms 2022) Seller’s plant, or such other location listed on the Purchase Order, following acceptance by Elementum 3D in accordance with Section
Delivery and Risk of Loss. Unless otherwise stated, all deliveries shall be F.O.B. ZOLL Medical Corporation’s facility. Risk of loss or damage to the Equipment shall pass to the Customer upon delivery of the Equipment to the carrier.
Delivery and Risk of Loss. Insys shall make deliveries of Product(s) to Mylan’s […***…] facility within the period that is no more than […***…] days before or […***…] calendar days after Mylan’s specified delivery date. […***…]. The terms and conditions of this Agreement shall be controlling over any conflicting terms and conditions stated in Mylan’s purchase order or Insys’ invoice or confirmation. Any other document which shall conflict with or be in addition to the terms and conditions of this Agreement is hereby rejected, unless the Parties shall have mutually agreed to the contrary in writing in respect of a particular instance.
