Default of acceptance. If the Purchaser refuses to accept the Goods on the Delivery Date and/or refuses to grant approval for shipment, the Purchaser shall be deemed to be in default of acceptance. During the default of acceptance TOMRA shall act as the bailee of the Purchaser and shall keep direct possession of the Goods for the Purchaser.
Default of acceptance. 11.1. If the customer is in default of acceptance (refusal of acceptance, delay in advance services, no request within an appropriate period in the case of orders for goods to be delivered on call) for more than two weeks and the customer, despite the setting of an appropriate grace period, has not remedied the circumstances attributable to it which are delaying or impeding performance of the service, we may – while the agreement remains in effect – otherwise dispose of the equipment and materials set aside for performance of the service provided that in case of continuation of the performance of the services we procure such materials again within an appropriate period depending on the particular circumstances.
11.2. In case of default of acceptance by the customer, we are likewise entitled at our option – while insisting upon the performance of the contract – to ship the goods to the customer or to store the goods for the customer at its expense and risk. In the case of storage, we are entitled either to store the goods ourselves and charge a standard fee for storage or have the goods stored in the customer's name and for its account by third parties.
11.3. If however the customer is in default of acceptance, we also have the right to withdraw immediately from the contract after an appropriate grace period expires without result and to resell the equipment and materials set aside for performance of the service after successfully having withdrawn from the contract or otherwise dispose of them.
11.4. The assertion of our other rights and claims remains unaffected.
Default of acceptance. 7.1 In the event that the Customer fails to accept the object of contract on the agreed delivery date due to circumstances that are attributable to it, or if it fails to pick up such object even after having been notified that it has been completed and is now due for ac- ceptance, XXXXXXX is entitled to demand to be compensated for any resulting added expenditures.
7.2 In the event that the Customer delays delivery or performance, XXXXXXX may charge storage costs at a rate of 0.5 % for each (partial) month, up to 5 % of the price of delivery or performance. Both parties are free to furnish proof of greater or lower storage costs. In cases of default in acceptance, XXXXXXX is authorized to determine a suitable place of storage and insure the objects of deliv- ery or performance at the Customer’s expense and risk.
7.3 If XXXXXXX is entitled to demand damages in lieu of perfor- xxxxx, it may, without prejudice to its option to assert a claim for actual damages in a greater amount, demand payment of 15 % of the price as compensation, unless the Customer furnishes evidence of no or lesser damages.
Default of acceptance. If you are in default of acceptance of the ordered goods, we shall be entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non- performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.
Default of acceptance. 1. If the Buyer does not accept the goods on the agreed delivery date or expiry of the agreed delivery period due to circumstances for which he is responsible, Xxxxxxxx shall be entitled to xxxx- bursement of the additional expenses incurred as a result.
2. Xxxxxxxx is authorised to determine a suitable place of stor- age at the Buyer’s expense and risk and to insure the delivery items or subjects of performance at the Buyer’s expense.
3. If Xxxxxxxx is entitled to claim damages instead of perfor- xxxxx, Xxxxxxxx may, without prejudice to the possibility of claiming higher actual damages, claim 20% of its price as dam- ages, unless the Buyer proves that damages did not occur at all or are substantially lower than the lump sum.
Default of acceptance. 14.1 If the Buyer does not accept individual deliveries or partial deliveries duly offered to him/her or if he/she fails to cooperate, the Seller may set the Buyer a reasonable deadline for acceptance. In this context, Seller shall be entitled to provide partial performance to a reasonable extent.
14.2 The Buyer shall bear all costs associated with the refusal of acceptance, in particular storage costs. If the Buyer has not accepted within the time limit, the Seller shall be entitled to withdraw from the contract and to claim damages for non- performance.
14.3 In this case, the Seller shall be entitled to a lump-sum claim for damages against the Buyer in the amount of 10% of the non-accepted delivery. The Seller shall be entitled to prove that it has incurred higher damages; the lump sum shall be offset against further monetary claims. The Buyer shall be entitled to prove that the Seller has not incurred any damage at all or that the damage is significantly less than the aforementioned lump sum.
Default of acceptance. If the Purchaser, for reasons attributable to it, does not take over the delivered goods, Supplier shall be entitled to present the xxxx after notification of readiness for delivery. The agreed times allowed for payment shall immediately commence and the goods shall be stored by Supplier at the risk of the Purchaser.
Default of acceptance. In the event our contractual partner (the customer) fails to take delivery of the goods, we shall be entitled either to store the goods ourselves, for which we may levy a charge of one per cent (1%) of the net value of the purchase price of the goods/service per calendar day, and concurrently insist on the fulfilment of the contract, or else, after giving a reasonable period of notice of at least two (2) weeks inclusive, to rescind the contract and dispose of the goods otherwise. In this latter case, moreover, we reserve the right to claim a flat-rate compensation for damages from the customer of fifty per cent (50%) of the agreed gross purchase price.
Default of acceptance. If the customer is in default of acceptance for the ordered goods, Telemotive AG will have the right, after having set a reasonable period of grace, to withdraw from the contract and claim compensation for default or non-performance. During the default of acceptance the customer will bear the risk of accidental loss or accidental deterioration.
Default of acceptance. If the customer is in default of acceptance for the ordered goods, MAGNA Telemotive GmbH will have the right, after having set a reasonable period of grace, to withdraw from the contract and claim compensation for default or non-performance. During the default of acceptance the customer will bear the risk of accidental loss or accidental deterioration.
