Common use of Cancellation or Delay Clause in Contracts

Cancellation or Delay. The Company shall be entitled to cancel any Order in whole or in part by giving notice in writing to the Seller at any time prior to delivery and acceptance by the Company of the Products. The Company shall also have the right to terminate the Contract at any time and for any reason by giving notice in writing to the Seller. In such event(s), the Company’s sole liability shall be to pay to the Seller the agreed price for such Products as have already been delivered and accepted by the Company at the time of cancellation and/or termination. The Seller must deliver the Products to the Company within the schedules prescribed in the Order or as agreed in the Contract. If the Products are not delivered on the due date then, in addition to all other remedies available to it under the Contract or at law or in equity, the Company shall have the right to (a) suspend or cancel the Order in whole or in part, (b) suspend or cancel further payments to the Seller, (c) recover all payments which it has already made to the Seller, (d) refuse to accept further deliveries of the Products, (e) recover from the Seller any expenditure incurred by the Company in obtaining the Products in substitution from another supplier, and/or (f) claim damages for any additional costs, losses or expenses incurred by the Company which are in any way attributable to the Seller’s failure to deliver the Products on the due date, including without limitation loss of profits and the cost of collection. Other than with the express written consent of the Company, the Seller has no right to cancel any Order or to delay any delivery. If the Company allows the Seller to cancel any Order or to delay a delivery, the Seller shall pay the Company all costs incurred by the Company which are in any way attributable to such cancellation or delay.

Appears in 2 contracts

Samples: General Terms and Conditions of Purchase, General Terms and Conditions of Purchase

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Cancellation or Delay. The Company shall be entitled to cancel any Order in whole or in part by giving notice in writing to the Seller at any time prior to delivery and acceptance by the Company of the Products. The Company shall also have the right to terminate the Contract at any time and for any reason by giving notice in writing to the Seller. In such event(s), the Company’s sole liability shall be to pay to the Seller the agreed price for such Products as have already been delivered and accepted by the Company at the time of cancellation and/or termination. The Seller must deliver the Products to the Company within the schedules prescribed in the Order or as agreed in the Contract. If the Products are not delivered on the due date then, in addition to all other remedies available to it under the Contract or at law or in equity, the Company shall have the right to to (a) suspend or cancel the Order in whole or in part, , (b) suspend or cancel further payments to the Seller, , (c) recover all payments which it has already made to the Seller, (d) refuse to accept further deliveries of the Products, (e) recover from the Seller any expenditure incurred by the Company in obtaining the Products in substitution from another supplier, and/or (f) claim damages for any additional costs, losses or expenses incurred by the Company which are in any way attributable to the Seller’s failure to deliver the Products on the due date, including without limitation loss of profits and the cost of collection. Other than with the express written consent of the Company, the Seller has no right to cancel any Order or to delay any delivery. If the Company allows the Seller to cancel any Order or to delay a delivery, the Seller shall pay the Company all costs incurred by the Company which are in any way attributable to such cancellation or delay.

Appears in 1 contract

Samples: General Terms and Conditions of Purchase

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Cancellation or Delay. The Company shall be entitled to cancel any Order in whole or in part by giving notice in writing to the Seller at any time prior to delivery and acceptance by the Company of the Products. The Company shall also have the right to terminate the Contract at any time and for any reason by giving notice in writing to the Seller. In such event(s), the Company’s 's sole liability shall be to pay to the Seller the agreed price for such Products as have already been delivered and accepted by the Company at the time of cancellation and/or termination. The Seller must deliver the Products to the Company within the schedules prescribed in the Order or as agreed in the Contract. If the Products are not delivered on the due date then, in addition to all other remedies available to it under the Contract or at law or in equity, the Company shall have the right to to (a) suspend or cancel the Order in whole or in part, , (b) suspend or cancel further payments to the Seller, , (c) recover all payments which it has already made to the Seller, (d) refuse to accept further deliveries of the Products, (e) recover from the Seller any expenditure incurred by the Company in obtaining the Products in substitution from another supplier, and/or (f) claim damages for any additional costs, losses or expenses incurred by the Company which are in any way attributable to the Seller’s 's failure to deliver the Products on the due date, including without limitation loss of profits and the cost of collection. Other than with the express written consent of the Company, the Seller has no right to cancel any Order or to delay any delivery. If the Company allows the Seller to cancel any Order or to delay a delivery, the Seller shall pay the Company all costs incurred by the Company which are in any way attributable to such cancellation or delay.

Appears in 1 contract

Samples: General Terms and Conditions of Purchase

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