Buyer’s termination of a Purchase Order. The Buyer shall be entitled to promptly terminate a Purchase Order, in whole or in part, if the Supplier is in material breach of such Purchase Order. The following breaches shall always be deemed to constitute material breach of the Purchase Order (the list is not exhaustive): a) If the maximum Liquidated Damages as set out in clause 11 has been reached. b) If Delivery of a Delivery Item is materially delayed. c) If the Supplier has committed several breaches which, separately, are not material, but which as a whole are material to the Buyer. d) If a Delivery Item is subject to a Defect and the Supplier has failed to remedy the Defect by repair or redelivery e) If the Supplier is in breach of the warranty obligations, cf. clause 9. f) If the nature of a Defect deprives the Buyer of the intended use of the Delivery Items. g) If a Buyer is met with a legitimate claim from a third party due to violation of third party rights by the Buyer's acquisition or use of the Delivery Item, and the Supplier is unable to cease the violation. h) If the Agreement has been terminated by XXXX, xx. clause 14.1.3 With respect to delivered Delivery Items covered by the termination, the Buyer shall return the items in the condition in which they are found at the premises of the Buyer. The Supplier shall collect such items or, alternatively pay for transportation. Delivery Items already taken into operational use by the Buyer shall not be covered by the termination. Upon termination, the Supplier shall promptly reimburse the Buyer the payment of the Delivery Items covered by the termination without any deduction. The Supplier shall not be entitled to payment for terminated Purchase Orders. In case of termination, the Buyer shall be entitled to purchase Deliver y Items similar to the Delivery Items covered by the termination both with regard to quality and quantity f rom a third party for the Supplier's account.
Appears in 3 contracts
Samples: Framework Agreement, Framework Agreement, Framework Agreement
Buyer’s termination of a Purchase Order. The Buyer shall be entitled to promptly terminate a Purchase Order, in whole or in part, if the Supplier is in material breach of such Purchase Order. The following breaches shall always be deemed to constitute material breach of the Purchase Order (the list li st is not exhaustive):
a) If the maximum Liquidated Damages as set out in clause 11 has been reached.
b) If Delivery of a Delivery Item is materially delayed.
c) If the Supplier has committed several breaches which, separately, are not material, but which as a whole are material to the Buyer.
d) If a Delivery Item is subject to a Defect and the Supplier has failed to remedy the Defect by repair or redelivery
e) If the Supplier is in breach of the warranty obligations, cf. clause 9.
f) If the nature of a Defect deprives the Buyer of the intended use of the Delivery Items.
g) If a Buyer is met with a legitimate claim from a third party due to violation of third party rights by the Buyer's acquisition or use of the Delivery Item, and the Supplier is unable to cease the violation.
h) If the Agreement has been terminated by XXXX, xx. clause 14.1.3 With respect to delivered Delivery Items covered by the termination, the Buyer shall return the items in the condition in which they are found at the premises of the Buyer. The Supplier shall collect such items or, alternatively pay for transportation. Delivery Items already taken into operational use by the Buyer shall not be covered by the termination. Upon termination, the Supplier shall promptly reimburse the Buyer the payment of the Delivery Items covered by the termination without any deduction. The Supplier shall not be entitled to payment for terminated Purchase Orders. In case of termination, the Buyer shall be entitled to purchase Deliver y Delivery Items similar to the Delivery Items covered by the termination both with regard to quality and quantity f rom a third party for the Supplier's account.
Appears in 1 contract
Samples: Framework Agreement
Buyer’s termination of a Purchase Order. The Buyer shall be entitled to promptly terminate a Purchase Order, in whole or in part, if the Supplier is in material breach of such Purchase Order. The following breaches shall always be deemed to constitute material breach of the Purchase Order (the list is not exhaustive):
a) If the maximum Liquidated Damages as set out in clause 11 has been reached.
b) If Delivery of a Delivery Item is materially delayed.
c) If the Supplier has committed several breaches which, separately, are not material, but which as a whole are material to the Buyer.
d) If a Delivery Item is subject to a Defect and the Supplier has failed to remedy the Defect by repair or redelivery
e) If the Supplier is in breach of the warranty obligations, cf. clause 9.
f) If the nature of a Defect deprives the Buyer of the intended use of the Delivery Items.
g) If a Buyer is met with a legitimate claim from a third party due to violation of third party rights by the Buyer's acquisition or use of the Delivery Item, and the Supplier is unable to cease the violation.
h) If the Agreement has been terminated by XXXXDALO, xxcf. clause 14.1.3 With respect to delivered Delivery Items covered by the termination, the Buyer shall return the items in the condition in which they are found at the premises of the Buyer. The Supplier shall collect such items or, alternatively pay for transportation. Delivery Items already taken into operational use by the Buyer shall not be covered by the termination. Upon termination, the Supplier shall promptly reimburse the Buyer the payment of the Delivery Items covered by the termination without any deduction. The Supplier shall not be entitled to payment for terminated Purchase Orders. In case of termination, the Buyer shall be entitled to purchase Deliver y Delivery Items similar to the Delivery Items covered by the termination both with regard to quality and quantity f rom a third party for the Supplier's account.
Appears in 1 contract
Samples: Framework Agreement
Buyer’s termination of a Purchase Order. The Buyer shall be entitled to promptly terminate a Purchase Order, in whole or in part, if the Supplier is in material breach of such Purchase Order. The following breaches shall always be deemed to constitute material breach of the Purchase Order (the list is not exhaustive):
a) If the maximum Liquidated Damages penalty as set out in clause 11 has been reached.
b) If Delivery of a Delivery Item is materially delayed.
c) If the Supplier has committed several breaches which, separately, are not material, but which as a whole are material to the Buyer.
d) If a Delivery Item is subject to a Defect and the Supplier has failed to remedy the Defect by repair or redeliveryredelivery in accordance with clause 12.
e) If the Supplier is in breach of the warranty obligations, cf. clause 9.
f) If the nature of a Defect deprives the Buyer of the intended use of the Delivery Items.
g) If a Buyer is met with a legitimate claim from a third party due to violation of third party rights by the Buyer's acquisition or use of the Delivery Item, and the Supplier is unable to cease the violation.
h) If the Agreement has been terminated by XXXX, xx. clause 14.1.3 With respect to delivered Delivery Items covered by the termination, the Buyer shall return the items in the condition in which they are found at the premises of the Buyer. The Supplier shall collect such items or, alternatively pay for transportation. Delivery Items already taken into operational use used by the Buyer shall not be covered by the termination. Upon termination, the Supplier shall promptly reimburse the Buyer the payment of the Delivery Items covered by the termination without any deduction. The Supplier shall not be entitled to payment for terminated Purchase Orders. In case of termination, the Buyer shall be entitled to purchase Deliver y Delivery Items similar to the Delivery Items covered by the termination both with regard to quality and quantity f rom from a third party for the Supplier's account.
Appears in 1 contract
Samples: Framework Agreement
Buyer’s termination of a Purchase Order. The Buyer shall be entitled to promptly terminate a Purchase Order, in whole or in part, if the Supplier is in material breach of such Purchase Order. The following breaches shall always be deemed to constitute material breach of the Purchase Order (the list is not exhaustive):
a) If the maximum Liquidated Damages as set out in clause 11 has been reached.
b) If Delivery of a Delivery Item is materially delayed.
c) If the Supplier has committed several breaches which, separately, are not material, but which as a whole are material to the Buyer.
d) If a Delivery Item is subject to a Defect and the Supplier has failed to remedy remed y the Defect by repair or redelivery
e) If the Supplier is in breach of the warranty obligations, cf. clause 9.
f) If the nature of a Defect deprives the Buyer of the intended use of the Delivery Items.
g) If a Buyer is met with a legitimate claim from a third party due to violation of third party rights by the Buyer's acquisition or use of the Delivery Item, and the Supplier is unable to cease the violation.
h) If the Agreement has been terminated by XXXX, xx. clause 14.1.3 With respect to delivered Delivery Items covered by the termination, the Buyer shall return the items in the condition in which they are found at the premises of the Buyer. The Supplier shall collect such items or, alternatively pay for transportation. Delivery Items already taken into operational use by the Buyer shall not be covered by the termination. Upon termination, the Supplier shall promptly reimburse the Buyer the payment of the Delivery Items covered by the termination without any deduction. The Supplier shall not be entitled to payment for terminated Purchase Orders. In case of termination, the Buyer shall be entitled to purchase Deliver y Items similar to the Delivery Items covered by the termination both with regard to quality and quantity f rom from a third party for the Supplier's account.
Appears in 1 contract
Samples: Framework Agreement
Buyer’s termination of a Purchase Order. The Buyer shall be entitled to promptly terminate a Purchase Order, in whole or in part, if the Supplier is in material breach of such Purchase Order. The following breaches shall always be deemed to constitute material breach of the Purchase Order (the list li st is not exhaustive):
a) If the maximum Liquidated Damages Penalty as set out in clause 11 has been reached.
b) If Delivery of a Delivery Item is materially delayed.
c) If the Supplier has committed several breaches which, separately, are not material, but which as a whole are material to the Buyer.
d) If a Delivery Item is subject to a Defect and the Supplier has failed to remedy the Defect by repair or redelivery
e) If the Supplier is in breach of the warranty Warranty obligations, cf. clause 9.
f) If the nature of a Defect deprives the Buyer of the intended use of the Delivery Items.
g) If a Buyer is met with a legitimate claim from a third party due to violation of third party rights by the Buyer's acquisition or use of the Delivery Item, and the Supplier is unable to cease the violation.
h) If the Agreement has been terminated by XXXX, xx. clause 14.1.3 With respect to delivered Delivery Items covered by the termination, the Buyer shall return the items in the condition in which they are found at the premises of the Buyer. The Supplier shall collect such items or, alternatively pay for transportation. Delivery Items already taken into operational use by the Buyer shall not be covered by the termination. Upon termination, the Supplier shall promptly reimburse the Buyer the payment of the Delivery Items covered by the termination without any deduction. The Supplier shall not be entitled to payment for terminated Purchase Orders. In case of termination, the Buyer shall be entitled to purchase Deliver y Delivery Items similar to the Delivery Items covered by the termination both with regard to quality and quantity f rom a third party for the Supplier's account.
Appears in 1 contract
Samples: Framework Agreement
Buyer’s termination of a Purchase Order. The Buyer shall be entitled to promptly terminate a Purchase Order, in whole or in part, if the Supplier is in material breach of such Purchase Order. The following breaches shall always be deemed to constitute material breach of the Purchase Order (the list li st is not exhaustive):
a) If the maximum Liquidated Damages as set out in clause 11 has been reached.
b) If Delivery of a Delivery Item is materially delayed.
c) If the Supplier has committed several breaches which, separately, are not material, but which as a whole are material to the Buyer.
d) If a Delivery Item is subject to a Defect and the Supplier has failed to remedy the Defect by repair or redelivery
e) If the Supplier is in breach of the warranty obligations, cf. clause 9.
f) If the nature of a Defect deprives the Buyer of the intended use of the Delivery Items.
g) If a Buyer is met with a legitimate claim from a third party due to violation of third party rights by the Buyer's acquisition or use of the Delivery Item, and the Supplier is unable to cease the violation.
h) If the Agreement has been terminated by XXXX, xx. clause 14.1.3 With respect to delivered Delivery Items covered by the termination, the Buyer shall return re- turn the items in the condition in which they are found at the premises of the Buyer. The Supplier shall collect such items or, alternatively pay for transportation. Delivery Items already taken into operational use by the Buyer shall not be covered by the termination. Upon termination, the Supplier shall promptly reimburse the Buyer the payment of the Delivery Items covered by the termination without any deduction. The Supplier shall not be entitled to payment for terminated Purchase Orders. In case of termination, the Buyer shall be entitled to purchase Deliver y Items similar to the Delivery Items covered by the termination both with regard to quality and quantity f rom from a third party for the Supplier's account.
Appears in 1 contract
Samples: Framework Agreement