Customer Delay. Herdstar shall not be liable for any delays directly or indirectly caused by Customer and/or its employees, contractors or vendors. Delay in delivery of Product shall not relieve Customer of its obligation to accept remaining deliveries unless: (i) Herdstar has failed to perform its material obligations under the Agreement; (ii) any material portion of the Product has not been made available for shipment within thirty (30) days of the last Shipment Schedule date. If Customer fails or refuses to accept delivery of any Product within four (4) days of the date that Herdstar and Customer have agreed for delivery of any Product (provided that such refusal or delay is not due to action or failure to act of Herdstar) then Herdstar may store the Product at Customer’s expense and risk in a warehouse on Herdstar’s (or its agent’s) premises or at a location of Herdstar’s choosing and Customer shall immediately pay all handling, transportation and storage costs at the prevailing commercial rates upon submission of invoices.
Customer Delay. Customer may request that SSN delay the manufacture, shipment and/or installation of the Products or the provision of the Services by providing SSN with written notice of any such delay, or anticipated delay. Upon receipt of any such request, SSN shall provide Customer a written good faith estimate of any additional costs and expenses that SSN will necessarily incur by reason of such delay. If Customer agrees to pay such additional costs and fees by notifying SSN thereof, then the applicable Purchase Order shall be deemed amended to reflect such delay and to include such additional costs and expenses as additional Fees, if any. The Project Schedule (and, thus, SSN’s time for performance) shall be extended, as and to the extent necessary, to accommodate such requested delay unless Customer agrees to pay any expedite and similar costs actually incurred by SSN in bringing the Project back on to the Project Schedule following such requested delay. Promptly upon any delayed delivery pursuant to this Section 18.3, SSN shall provide Customer with its good faith estimate of the costs described in the immediately preceding sentence. Notwithstanding anything herein to the contrary, under no circumstance may any Purchase Order be amended to reflect additional costs, expenses or other Fees if the delay requested by Customer under this Section 18.3 is, in whole or in part, and whether directly or indirectly, attributable to the failure of SSN to perform in strict compliance with the terms of this Agreement, including the delivery by SSN of all Products and Services in accordance with all applicable Execution Milestones.
Customer Delay. 5.1 If at any time Benefex's performance of any of its obligations under the Agreement is prevented or delayed by any act or omission by the Customer, (including delay or failure by the Customer to perform any relevant obligation, or delay or failure by the Customer to provide information or data required by Benefex, or if any information is provided to Benefex in a different form or format from the one specified by Benefex or from the one in which it has previously been provided under the Agreement) (Customer Delay):
5.1.1 the Customer shall, at its own cost, take all steps as Benefex may reasonably require to remedy the Customer Delay;
5.1.2 Benefex shall, without limiting its other rights or remedies, rely on the Customer Delay to relieve it from the performance of any of its obligations to the extent the Customer Delay prevents or delays Benefex's performance of such obligations;
5.1.3 Benefex may, without limiting its other rights or remedies, adjust any previously agreed timetable or delivery schedule as reasonably necessary as a consequence of the Customer Delay (after consultation with the Customer);
5.1.4 Benefex shall not be liable for any Losses sustained or incurred by the Customer arising directly or indirectly from Benefex's failure or delay to perform those of its obligations prevented or delayed by the Customer Delay.
Customer Delay. 14.1 Without prejudice to its other rights and remedies, Fera may at its sole option, suspend or withhold performance under this Agreement:
(a) where Customer has failed to make payment by the due date of undisputed sums invoiced by Xxxx in accordance with clause 8 (Price and Payment);
(b) until receipt of satisfactory credit reference in respect of Xxxxxxxx;
(c) where the supply of Deliverables would exceed any credit limit which Fera may, in its discretion, have granted to Customer; and/or
(d) Customer is otherwise in breach of any of the terms of this Agreement.
14.2 Customer agrees to not do or omit to do anything (whether directly or indirectly) that has the purpose, effect or likely effect of a Delay Event. Where Customer is in breach of this clause 14.2 then (in addition to its other rights and remedies under this Agreement) Fera shall not be liable for any connected delays or issues with the Deliverables, and Customer shall be liable for any Losses incurred by Fera in connection with the Delay Event.
Customer Delay. 3.1 In the event that the Operator delays installation of the Wholesale Leased Line Service for any reason, this will constitute a Customer Delay. Should the Customer Delay exceed five (5) working days, the delivery dates will be adjusted to reflect the requirement for Gibtelecom to reschedule its work for this delivery. A re-forecasted date will be provided for a new order or earlier if possible. If a Customer Delay dispute arises the dispute will be resolved between the parties. Customer Delay notifications will be dispatched to the email address provided with the original order form.
Customer Delay. All additional costs and expenses reasonably incurred by Trickle by reason of any delay, variation, interruption, or suspension of the Services arising from any act or omission of the Customer will be reimbursed to Trickle by the Customer. Such additional costs and expenses will be due and payable when they have been calculated by Trickle and invoiced to the Customer.
Customer Delay. Art’s-Way shall not be liable for any delays directly or indirectly caused by Customer and/or any of its employees, contractors or vendors. Delay in delivery of any Product shall not relieve Customer of its obligation to accept remaining deliveries unless: (i) Art’s-Way has failed to perform its material obligations under the Agreement; (ii) any material portion of the Product has not been made available for shipment within thirty (30) days of the last Shipment Schedule date. If Customer fails or refuses to accept delivery of any Product within four (4) days of the date that Art’s-Way and Customer have agreed for delivery of any Product (provided that any such refusal or delay is not due to the action or failure to act of Art’s-Way) then Art’s-Way may store the Product at Customer’s expense and risk in a warehouse on Art’s-Way’s (or its subcontractor’s or agents) premises or at a location of Art’s-Way’s choosing and Customer shall immediately pay all handling, transportation and storage costs at the prevailing commercial rates upon submission of invoices thereof.
Customer Delay. The Charter Quote will remain payable to IBC Aviation and Customer shall indemnify IBC Aviation in respect of losses, claims, damages, liabilities or expenses suffered by IBC Aviation where the events specified below arise, such losses etc to include (without limitation) any parking fees or other charges levied by an airport or any charges imposed on IBC Aviation by the Operator as a result of the late return of the aircraft:
i) if the performance of any Flight or Additional Service is impeded, prevented or delayed by any act or omission of Customer, anyone under Customer’s control or acting on Customer’s behalf (including, without limitation, any passenger or any goods arriving late for the Flight); or
ii) if a Flight diversion to an airport not specified in the Charter Quote is due to any act or omission of Customer or Customer’s passengers including (without limitation) Customer or Customer’s passengers acting in any way (or threatening to act in any manner) likely to jeopardize any aircraft or any person or property therein or elsewhere or disobeying the lawful authority of the commander of the aircraft or breaching any applicable law relating to their use of, or travel aboard, the aircraft before during or after any Flight.
Customer Delay. The Driver is required to wait for the Client 60 minutes after the meeting time. After this period, the Customer does not present at the pick-up point is deemed to be absent (“no-show”). In this case, the Customer will be invoiced for the highest amount between the price of the transfer from the planned pick-up location to the garage, on the one hand, and that of the time actually spent waiting for the Customer at the meeting place, on the other hand.
Customer Delay. The term “
