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.
DELIVERY, TITLE AND RISK OF LOSS. Unless otherwise agreed by the parties in writing, shipment will be made in a manner determined by Seller. Title (except as provided in Section 8, “RIGHTS IN INTELLECTUAL PROPERTY”) and risk of loss or damage to the product shall pass in accordance with the designated Incoterm (2010) or, if none is so designated, then to Buyer at the xxxx Xxxxxx delivers possession of the product to a carrier at Seller’s plant or warehouse. Product held by Seller at Buyer’s request beyond the scheduled delivery date shall be at Buyer’s risk and expense. Unless otherwise agreed, freight shall be prepaid by Seller and invoiced back to Buyer. Buyer shall be responsible for expenses incurred by Seller where, at Buyer’s request, Seller ships or packs product in other than its normal manner for shipment.
DELIVERY, TITLE AND RISK OF LOSS. Title and risk of loss to Products (for Software, the media) shall pass to Customer upon shipment from NI, its warehouses, or its affiliated companies; provided however, NI retains a security interest and right of possession in the Products until Customer makes payment to NI in full. For orders to be delivered within the same country as the NI entity accepting the order, NI will arrange the shipping; however, Customer is responsible for all shipping and handling fees set forth in the invoice, if any. If Customer chooses to arrange for shipping or if the order is placed with an NI entity outside the country of the applicable shipping destination, Customer is responsible for all shipping and handling, including fees, customs, formalities and clearance. Shipment dates provided by NI are estimates only, and NI shall have no liability for losses or claims resulting from late delivery of Products. Claims for shipment shortage shall be deemed waived unless presented to NI in writing within forty-five (45) days of the invoice date.
DELIVERY, TITLE AND RISK OF LOSS. Delivery of Goods shall be as is set forth in the PO, and any delay in delivery is at the exclusive liability of Seller. In addition to its other rights and remedies contained herein, if delivery of Goods is not completed by the time promised, Buyer reserves the right without liability, to terminate the Agreement by notice effective when received by Seller as to items not yet shipped and to purchase substitute items elsewhere and charge Seller with any loss incurred. Title to the Goods and risk of loss remain with Seller until delivery of the Goods to, and acceptance of Goods by, Buyer. Further, title shall pass to Buyer free and clear of claims, liens and encumbrances (save Seller’s right to receive payment therefor) upon delivery to and acceptance by Buyer.
DELIVERY, TITLE AND RISK OF LOSS. Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). Whether or not the sale is FCA or Ex Works, the Customer must cover the transport costs of the products; the products are deemed delivered to the customer, and the risks of loss of the products (including without limitation when loading them onto trucks, transferring them to a ship or a plane, and meeting customs regulations) pass to Customer when EDDYFI places the products at the disposal of the Customer or its carrier at EDDYFI’s manufacturing site. Title to products shall pass to the Customer upon full payment of the products. In the absence of specific instructions, goods are 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 the products. Subject to the foregoing, the applicable INCOTERMS 2010 apply to the delivery and risks of loss of products.
DELIVERY, TITLE AND RISK OF LOSS. Unless otherwise specified on the EDDYFI quotation, delivery is FCA (Manufacturing Site). Whether or not the sale is FCA or Ex Works, the Customer must cover the transport costs of the products; the products are deemed delivered to the customer, and the risks of loss of the products (including without limitation when loading them onto trucks, transferring them to a ship or a plane, and meeting customs regulations) pass to Customer when EDDYFI places the products at the disposal of the Customer or its carrier at EDDYFI’s manufacturing site. Title to products shall pass to the Customer upon full payment of the products. In the absence of specific instructions, goods are 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 the products. Subject to the foregoing, the applicable INCOTERMS 2010 apply to the delivery and risks of loss of products. In the event Customer wishes to make any change affecting the delivery of the products (including but not limited to a change in Incoterms, change of address or carrier) less than five (5) days prior to the date originally scheduled for shipment of the products, Customer agrees to pay additional fees reasonably determined by EDDYFI to offset the administrative cost of effecting such change.
DELIVERY, TITLE AND RISK OF LOSS. (a) Delivery of Rounds to Buyer shall take place at the handoff between the N&T Railroad and IRSS, unless otherwise agreed, or in such manner or at such other place as shall be agreed upon by the parties in writing prior to the shipment of Rounds. Title and risk of loss and damage to the Rounds shall pass from Seller to Buyer when the Rounds are delivered in accordance with this Article 2.5(a). Seller shall be responsible for truck detention and/or rail demurrage charges incurred by Buyer which arise out of delays to carrier equipment at Lorain Works receiving shipments of Rounds ordered hereunder which have been scheduled by Seller, it being understood that Seller will ordinarily schedule such shipments. Seller shall accept direct billing from carriers for any such detention and/or demurrage.
DELIVERY, TITLE AND RISK OF LOSS. (a) Subject to the provisions of this Agreement, Products shall be delivered to Buyer in accordance with instructions of Buyer submitted to Seller from time to time. Products will be in truckload quantities, ** OMITTED PURSUANT TO CONFIDENTIAL TREATMENT REQUEST. **
DELIVERY, TITLE AND RISK OF LOSS. The parties agree that time is of the essence. Seller shall deliver the goods and services in strict accordance with the delivery dates, in the exact quantities and at the destination(s) specified on the face of this Order. Unless otherwise specifically provided on the face of this Order, the goods shall be delivered on a Delivered Duty Paid (DDP) basis, as defined in Incoterms 2010, to the destination designated by MACOM on the face of this Order. Freight charges invoiced to Buyer, whether by Seller or the carrier, will be charged back to and paid by Seller. If an Ex Works or FCA Incoterm is designated, MACOM will be responsible for freight charges to the destination designated on the face hereof. Any costs incurred by MACOM as a result of Seller’s failure to comply with MACOM’s routing instructions shall be borne by Seller. Notwithstanding any prior inspections, and irrespective of the Incoterm point named herein, Seller shall bear all risks of loss, damage and destruction of the goods until final acceptance by MACOM at the designated ship-to destination. Further, Seller shall bear the same risks with respect to any goods rejected by MACOM or as to which MACOM has revoked its acceptance, from the time of such rejection or revocation. Title to and risk of loss of the goods shall pass to MACOM upon final acceptance. No partial or complete delivery shall be made hereunder prior to the delivery date(s) shown unless MACOM has given Seller its prior written consent to do so. MACOM will pay only for maximum quantities ordered. Overshipments will be held at Seller’s risk and expense for a reasonable time while MACOM awaits return shipping instructions from Seller.
DELIVERY, TITLE AND RISK OF LOSS. The delivery lead-time is six (6) to eight (8) weeks (typical) upon the purchase order(s) being received and acknowledged by Seller. Unless otherwise agreed to in writing by Seller, products shall be shipped EXW Seller’s manufacturing facilities or inventory hub (Incoterms 2000) to any location designated by Buyer and shall be deemed delivered to Buyer when delivered to the transportation company at the shipping point. Seller reserves the right to ship products freight collect when Buyer is responsible for freight charges. If special routing or expedited transportation is requested, Buyer is responsible for all additional expense. Unless otherwise agreed to in writing by Seller, Xxxxx is responsible for insurance against loss or damage in transit (which Seller may obtain at Buyer’s written request) and sales, use, excise or other applicable taxes, duties, fees, and assessments imposed by any jurisdiction. Seller hereby reserves, and Buyer hereby grants to Seller, a purchase money security interest in all products purchased under this Agreement, together with all proceeds thereof, including insurance proceeds. Such security interest secures all of Buyer’s obligations arising under this Agreement, and any other agreements between Buyer and Seller, until all amounts due Seller hereunder have been paid in full. Xxxxx agrees upon Xxxxxx’s request to sign appropriate financing statements evidencing Xxxxxx’s security interest. Subject to the security interest reserved to Seller, title, and risk of loss and/or damage to products shall pass to Buyer upon delivery of the products to the transportation company at the shipping point. Confiscation or destruction of or damage to products shall not release, reduce or in any way affect the liability of Buyer. In the event Buyer rejects or revokes acceptance of any products for any reason, all risk of loss and/or damage to such products shall nonetheless remain with Buyer unless and until the same are returned at Buyer's expense to such place as Seller may designate in writing. All products must be inspected upon receipt and claims filed by Buyer with the transportation company when there is evidence of shipping damage, either concealed or external.
