Common use of DELIVERY, TITLE AND RISK OF LOSS Clause in Contracts

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 parties agree that time is of the essence. Seller shall deliver use commercially reasonable efforts to provide the goods Services and services Deliverables in strict accordance with the delivery dates, any schedule(s) set out in the exact quantities accepted Purchase Order or as otherwise agreed upon in writing between the parties. All scheduled completion dates are based on current projections and at the destination(son Customer meeting its obligations (including Customer Dependencies) specified on the face of this Orderand Seller shall not be liable for delays, including delays in completion or delivery, caused by any Force Majeure Event or Excusable Delay as set out in Section 12 (Force Majeure Events and Excusable Delays). Unless expressly otherwise specifically provided on in the face accepted Purchase Order: (a) delivery will be made [*] facility (Incoterms 2010); (b) risks of this Orderloss of or damage to the Deliverables shall pass to Customer upon delivery in accordance with subsection (a) above; and (c) Seller shall not be responsible for [*], the goods or similar charges, all of which shall be delivered on a Delivered Duty Paid (DDP) basis, as defined in Incoterms 2010, to for the destination designated by MACOM on the face account of this Order. Freight charges invoiced to Buyer, whether by Seller or the carrier, will be charged back to and paid by SellerCustomer. If an Ex Works or FCA Incoterm is designated, MACOM will In the event Seller does agree to be responsible for freight any of the foregoing charges, notwithstanding any such agreement, any new such charges to that become effective following the destination designated on the face hereof. Any costs incurred by MACOM as a result date of Seller’s failure to comply with MACOMacceptance of the Purchase Order (including, without limitation, new customs, excise, or import duties), any increase in the rates of such charges becoming effective after the date of Seller’s routing instructions acceptance of the Purchase Order, and/or any increase in such charges resulting from a change in the delivery location for the Services and/or Deliverables after the date of the Seller’s acceptance of the Purchase Order, shall be borne for the account of and paid 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 SellerCustomer.

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 M/A-COM 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 M/A-COM will be responsible for freight charges to the destination designated on the face hereof. Any costs incurred by MACOM M/A-COM as a result of Seller’s failure to comply with MACOMM/A-COM’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 M/A-COM at the designated ship-to destination. Further, Seller shall bear the same risks with respect to any goods rejected by MACOM M/A-COM or as to which MACOM M/A-COM 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 M/A-COM upon final acceptance. No partial or complete delivery shall be made hereunder prior to the delivery date(s) shown unless MACOM M/A-COM has given Seller its prior written consent to do so. MACOM M/A-COM will pay only for maximum quantities ordered. Overshipments will be held at Seller’s risk and expense for a reasonable time while MACOM M/A-COM awaits return shipping instructions from Seller.