DEFAULT AND/OR NON-PERFORMANCE. If Buyer (i) fails to furnish shipping instructions within the time specified, (ii) refuses to accept any shipment properly tendered hereunder, (iii) fails to tender any payment hereunder when due, or (iv) fails to perform in any other respects according to its obligations set out in the terms herein (each of which shall be a material breach of contract), Seller may treat such default as (a) a total breach of the entire Contract, (b) partial breach of Contract (e.g. a breach only as to the individual shipment or instalment) and/or (c) shipment not made within stipulated period where all conditions have been met.
Appears in 4 contracts
Samples: Fob Contract, Cif Contract, Fob Contract for Processed Palm Oil Products
