BUYER’S RIGHT TO CANCEL. Buyer may without notice cancel, terminate and/or rescinding all or part of an Order in the event Vendor breaches or fails to perform any of its obligations in any material respect, or in the event Vendor becomes insolvent or proceedings are instituted by or against Vendor under any provision of any federal or state bankruptcy or insolvency laws or Vendor ceases its operation. Time is of the essence to each Order, and Vendor's failure to meet any delivery date shall constitute a material breach of the Order. Vendor agrees to inform Buyer immediately in writing or any failure to timely ship all or any part of an Order, and Buyer's acceptance of any merchandise after the applicable delivery date shall not constitute a waiver of, or otherwise limit, any of Buyer's rights resulting from the late delivery nor obligate Buyer to accept delivery of additional Merchandise under the order.
Appears in 7 contracts
Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)
BUYER’S RIGHT TO CANCEL. Buyer may without notice cancel, terminate and/or rescinding rescind all or part of an Order in the event Vendor breaches or fails to perform any of its obligations in any material respect, or in the event Vendor becomes insolvent or proceedings are instituted by or against Vendor under any provision of any federal or state bankruptcy or insolvency laws or Vendor Vender ceases its operation. Time is of the essence to each Order, and Vendor's failure to meet any delivery date shall constitute a material breach of the Order. Vendor agrees to inform Buyer immediately in writing or of any failure to timely ship all or any part of an Order, and Buyer's acceptance of any merchandise Merchandise after the applicable delivery date shall not constitute a waiver of, or otherwise limit, any of Buyer's rights resulting from the late delivery nor obligate Buyer to accept delivery of additional Merchandise under the orderOrder.
Appears in 1 contract
Samples: Purchase, Distribution and Marketing Agreement (Newtech Corp)
BUYER’S RIGHT TO CANCEL. Buyer may without notice cancel, terminate and/or rescinding rescind all or part of an Order in the event Vendor breaches Breaches or fails to perform any of its obligations in any material respect, or in the event Vendor becomes insolvent or proceedings are instituted by or against Vendor under any provision provisions of any federal or state bankruptcy or insolvency laws or Vendor ceases ceased its operation. Time is of the essence to each Order, Order and Vendor's failure to meet any delivery date shall constitute a material breach of the Order. Vendor agrees to inform Buyer immediately in writing or of any failure to timely ship all or any part of an Order, and Buyer's acceptance of any merchandise Merchandise after the applicable delivery date shall not constitute a waiver of, or otherwise limit, any of Buyer's rights resulting from form the late delivery nor obligate Buyer to accept delivery of additional Merchandise under the orderOrder.
Appears in 1 contract
Samples: Purchase, Distribution and Marketing Agreement (Salton Maxim Housewares Inc)