Default in Acceptance. 6.1 Customer shall be considered to have defaulted on the acceptance if it does not pick up the goods or cause their shipment within two weeks after it has been notified of the completion or the readiness of the goods. Once a default in acceptance occurs the risk of accidental deterioration or accidental loss shall pass to Customer.
6.2 If Customer defaults on acceptance Xxxxx shall also be entitled to demand compensation of the damages it suffers, including but not limited to any warehouse costs incurred by Xxxxx. Four weeks after the notice of readiness for pick-up Xxxxx also reserves the right to store the goods elsewhere at Customer's expense.
Default in Acceptance. (i) If Party A refuses or delays to accept any deliverables without any justifiable cause, which causes such deliverables are lawfully acquired by any third party, or the practical value of such deliverables is lost in its novelty, or such deliverables are damaged or lost by accident, Party A shall be liable for such damage or loss and pay the compensation to Party B in accordance with the terms and conditions of this Contract. Party B is not liable for such damage or loss.
(ii) If Party A fails to provide effective cooperation or conduct acceptance on time according to Party B’s requirements, Party B’s performance of its obligations regarding delivery and subsequent development plan shall be postponed accordingly. If Party A fails to do so for more than 20 days, Party B may terminate this Contract. Party A shall reimburse all costs and expenses incurred by Party B for performance of this Contract, and pay doubled damages to Party B.
Default in Acceptance. If the acceptance can not be conducted or is become impossible before the deadline stipulated hereunder due to any reason of Party B, Party A may demand Party B to pay indemnity as per the specific circumstances. If Party B can not perform this Contract or any part hereof due to whatever reason, all costs and expenses incurred shall be borne by Party B.
(i) If Party B fails to complete the development of the Project within the time period stipulated herein, it may submit a written application to Party A for a grace period (including the length of such period). If the application is approved by Party A, the acceptance shall be conducted on the new date agreed upon by the parties, and the losses suffered by Party A may be confirmed by the parties in form of a supplementary agreement.
(ii) If Party B fails to complete the development of the whole system within the time period of acceptance prescribed in this Contract, either of: (a) Party B fails to give a written notice to Party A about the reason and date of the grace period; or (b) Party B fails to complete the development of the subject technology within the grace period approved by Party A, and Party B fails to do so for 20 business days, Party A may terminate this Contract. In that case, all costs and expenses incurred shall be borne by Party B, and Party A may continue to claim damages and losses against Party B.
Default in Acceptance. 11.1. If the customer is in default of acceptance for more than 4 weeks (refusal of acceptance, default in advance payments or otherwise, no call within a reasonable time for order on call), and despite setting a reasonable grace period, the customer has not taken care of the elimination of the circumstances attributable to him, which the If the contract is in place, we may otherwise dispose of the equipment and materials specified for the performance of the service, provided that, in the event of the performance of the service being continued, we procure these within a period appropriate to the respective circumstances.
11.2. If the customer is in default of acceptance, we are also entitled to store the goods with us if the contract is to be fulfilled, for which we are entitled to a storage fee in accordance with Section 9.4.
11.3. In the event of a justified withdrawal from the contract, we are entitled to demand flat-rate compensation of 25% of the gross order value from the customer without proof of the actual damage.
11.4. The assertion of higher damages is permissible.
Default in Acceptance. If the subject of the contract is made available and not accepted in accordance with the terms of the contract, the supplier can claim for damages instead of completing the contract after granting an appropriate period of grace. In the event of the return or non-acceptance of mass-produced articles by the party ordering, we shall charge a flat-rate sum of 15 % of the order value to cover administrative expenses and lost profit in addition to the costs incurred, the value of which must be recorded precisely by the supplier. If the party ordering exchanges mass-produced articles or other products included in our range for goods of equal value, we shall charge 5 % on the purchase price for the use of the supplier’s services. A return is only possible if the goods are in a resalable condition. If any other goods (in particular customized goods) are exchanged, the party ordering must carry the full extent of any loss incurred in the reutilization process after offsetting the flat-rate charge. Consumers are entitled to prove that no damage was incurred or that the damage was less than the estimated flat rate.
