CHANGES, CANCELLATION. Any changes to the scope of the Goods and Services under this Agreement must be agreed in a writing executed by both Parties. Orders may not be canceled except by written notice received by Seller prior to shipment. A restocking charge of ten percent of the selling price will be applied for the cancellation of standard items. Charges for the cancellation of special items will be based on non-recoverable expenses accruing to the order sustained by Seller plus ten percent of the selling price. Either Party may cancel an existing order without penalty or decline future orders under the Agreement in the event of (a) a change of control of, or (b) a bankruptcy of the other Party.
CHANGES, CANCELLATION. Any notice or instruction from the Buyer received subsequent to Seller's purchase order acknowledgment, including supplementary information contained in a confirming purchase order, which has the effect of changing the specifications, scope of work, or other terms, will be effective only upon an appropriate adjustment in the price and/or delivery date, and acceptance of any change by Seller in writing. Orders accepted by Seller are not subject to cancellation except with Seller’s consent and after arrangement of terms which will indemnify Seller for any losses or damages occasioned by such cancellation, including Seller’s lost profit and costs of collection, including reasonable attorney’s fees.
CHANGES, CANCELLATION. Buyer may modify any Specifications and Commercial Terms (except price and, if an Order specifically states that the price therein is contingent upon a minimum order quantity, except quantity) by issuing a change order to Seller. Seller’s written or verbal acceptance of a change order and/or provision of Goods or Services to Buyer shall constitute Seller’s assent to the changes. Buyer may cancel any or all of the Agreement for its own convenience, in which case Seller is entitled to, but only to (as Buyer’s sole liability), an equitable amount not to exceed its verified direct costs reasonably expended or committed to third parties prior to the notice of termination (which costs Seller shall use its best efforts to minimize), less salvage value and any other amounts recoverable by Seller.
CHANGES, CANCELLATION. Facility User acknowledges that cancellation or postponement of the Event, unless permitted by Arcadia in writing, may be considered breach of the Agreement, and all Fees shall be due immediately. Notwithstanding the foregoing, a fifty percent (50%) refund of the Deposit will be refunded to Facility User if notice is received earlier than thirty (30) days prior to Event Date. When notice is received thirty (30) days or less prior to the Event Date, no refund of the Deposit will be provided. Arcadia acknowledges that it is necessary from time to time for Facility User to alter its request for space and services based on participant enrollments. Arcadia will accept decreases in numbers of participants and the associated income reductions until thirty (30) days prior to Event Date and will reduce its final billing accordingly. Decreases made within thirty (30) days of the Event Date will result in no changes to the amount which would have been billed had all participants attended. Arcadia will accept increases in the number of participants until ten (10) days prior to the Event Date and changes to the amount owed will be adjusted accordingly. In the event the Facility or any substantial part of the Facility is destroyed or damaged by fire, the elements, utility interruption, or other like cause beyond the control of either Party, or for any reason whatsoever is rendered unfit for occupancy, either prior to beginning or prior to expiration of the term of this Agreement or if Arcadia is unable to give Facility User possession of the Facility because of national or local emergency, calamity, epidemic, strike or other such causes (a “force majeure event”), this Agreement shall be suspended for the period during which the Facility shall be rendered unfit for occupancy or during which possession cannot be delivered to Facility User. If a force majeure event occurs, Arcadia shall return to Facility User the Deposit less any expenses or costs actually incurred by Arcadia, and less a pro rata portion of the total payments due hereunder for the use, if any, of the Facility prior to such force majeure event. Facility User hereby expressly releases and discharges Arcadia from any and all demands, claims, actions, and causes of action arising out of any of the aforementioned causes. If due to a scheduling conflict Arcadia has to move the location of an Event from one Facility to another or must cancel an Event entirely, Arcadia will use its best efforts to find an alterna...
CHANGES, CANCELLATION. Any changes to the scope of the Goods and Services under this Agreement must be agreed in a writing executed by both Parties. Orders may not be canceled except by written notice received by Seller prior to shipment. A restocking charge of ten percent of the selling price will be applied for the cancellation of standard items. Charges for the cancellation of special items will be based on non-recoverable expenses accruing to the order sustained by
CHANGES, CANCELLATION. 1) NORD Gear will not accept changes in specifications to a confirmed order unless such changes are requested in writing and confirmed back in writing.
2) In addition, the purchaser must agree to any additional charges that may arise from the change.
3) Placing orders on hold or cancellation of orders require Seller’s written approval and are subject to cancellation and/or restocking charges.
CHANGES, CANCELLATION. 16.1. Changes to existing schedules or orders are subject to Seller’s acceptance and may result in an increase in per piece price due to any reschedule and/or order changes. Upon Buyer’s written request, Seller may accept temporary holds on orders for rescheduling purposes for a cumulative period not to exceed 30 (thirty) days. Upon the expiration of this 30-day period, if Buyer has not communicated its rescheduled date, Seller reserves the right to recommence shipments in accordance with the original schedule or cancel the order without prejudice to Seller’s rights to its cost reimbursement set forth hereunder.
16.2. Cancellations to existing schedules or orders are subject to Seller’s prior written acceptance and reimbursement by Buyer of Seller’s incurred costs, including all labour costs and expenses and costs of materials that are not usable by Seller. Such incurred costs will be determined by Seller and communicated in writing to Buyer.
CHANGES, CANCELLATION. GWP may at any time, upon notice to Seller, terminate or reduce this Purchase Order as regards all or any part of the work not then completed. Upon such notice being given, Seller shall cease work (including the manufacturing and/or procuring of materials for the fulfillment of this purchase order) in accordance with and to the extent specified in such notice. In such event, all work completed by Seller hereunder before the giving of such notice, shall be paid for on a percentage of completion basis (subject to acceptance by GWP in accordance with the provisions of this order as herein provided). In no case shall Seller be entitled to be reimbursed for any amount which, taken together with any amounts paid or due or becoming due to Seller under this order, shall exceed the aggregate original purchase price of the Deliverables being purchased.
CHANGES, CANCELLATION. Only the Renter can make change requests to this Agreement and all change requests must be made in writing at least 30 days prior the Event. An RCSC authorized representative will notify Renter in writing if change requests are approved. RCSC reserves the right to cancel this event due to unforeseen or unavoidable circumstances occurring on or around the Facilities that may adversely affect the Event. In such case, RCSC will not be liable for any damages other than a refund of the Renter’s incurred rental and deposit fees for the Event. Cancellation requests by the Renter must be submitted in writing. The following cancellation fees may apply: a) $25.00 if request is received more than 120 days before Event; b) $100.00 if request is received between 31 and 120 days before Event; and, c) Forfeiture of rent if request is received 30 days or less before Event.
CHANGES, CANCELLATION. Buyer reserves the right at any time to make changes in requirements, specifications, materials, packaging, time and place of delivery, or delivery method related to the Goods. If a change by Buyer, which did not result from a breach by Seller of its obligations, causes an increase or decrease in the cost or time required for performance of the requirements of the Purchase Order, an equitable negotiated adjustment may be made to the price, quantity or delivery terms as agreed upon by Seller and Buyer. Buyer reserves the right to cancel this Purchase Order in whole or in part at any time upon notice to Seller. Unless such change or cancellation is due to Seller’s breach of its obligations, Seller shall be entitled to reasonable charges that cannot be recovered through Seller’s repurposing or re-sale of the Goods or other Seller mitigation, not to exceed the Purchase Order price. Buyer has no obligation to pay Seller for work performed after Xxxxxx's receipt of the notice of a cancellation, nor for any costs that Seller could have reasonably avoided. Seller agrees that it will not be entitled to any damages for lost profits or lost opportunity related to the portion of the Purchase Order is cancelled or terminated by Xxxxxxxxx. These Terms and Conditions will survive such cancellation or termination.
