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This lecture is from Marketing and Sales Law. Key important points are: Delivery Cost and Risk, Purchaser, Assumes Responsibility, Assistance is Gratuitous, Delivery Cost, Risk of Loss, Responsibility, Transportation Costs, Risk of Loss, Fire
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Example A Delivery Cost and Risk of Loss on Purchaser
Delivery. Sale of all equipment is FOB origin, which is [city, state]. Purchaser assumes responsibility for all packing, crating, and removal of the equipment and costs of transportation. If Seller assists Purchaser in this regard, it is agreed that such assistance is gratuitous, and Seller shall have no obligation or liability arising out of such assistance.
Example B Delivery Cost and Risk of Loss on Seller
Delivery. Sale of all equipment is FOB destination, which is [city, state]. Seller assumes responsibility for all packing, crating, and delivery of the equipment, including transportation costs.
Example C Risk of Loss
Risk of Loss. The risk of any loss, damage or destruction to any of the assets from fire or other casualty will be borne by seller at all times before the Closing Date. Upon the occurrence of any loss or damage to any assets which materially affects the operation of the Business prior to the Closing Date, seller will immediately notify buyer in writing stating the extent of loss or damage incurred, the cause, if known, and the extent to which restoration, replacement and repair of the asset lost or damaged will be reimbursed under any insurance policy.