DEFAULT ON DELIVERY. Failure to supply timely written notification of delay may be cause for default proceedings.
DEFAULT ON DELIVERY. If during the Contract period an Authorized User has issued a Purchase Order on or before Final Order Due Date for a Vehicle, and that Vehicle becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §48 Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Vehicle deemed by the Authorized User to be equal to the specifications for the Vehicle specified in the Mini-Bid, must be supplied by Contractor if requested by the Authorized User. If the Vehicle awarded in the Mini-Bid (i.e., Model Year, Make, Model, Model Code) is not available or not deemed equal to the specifications for the Vehicle specified in the Mini-Bid, then Contractor must supply a similar vehicle that meets the specifications for the Vehicle provided in the Mini-Bid. The price for substitute Vehicles shall be equal to or less than the Base NYS Vehicle Price for the Vehicle provided in the Mini-Bid. Alternatively, the Authorized User may, at their sole discretion, cancel the order and purchase the Vehicle from other sources. In such event the Contractor shall reimburse the Authorized User for all excess costs over the contract price.
DEFAULT ON DELIVERY. If during the Contract period an Authorized User has issued a Purchase Order for a School Bus, and the Base Item or requested Optional Equipment awarded for the applicable Item becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §44 Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Base Item or Optional Equipment deemed by OGS and NYS DOT to be equivalent to the specifications for the Base Item or Optional Equipment included in the Contract(s), must be supplied by Contractor if requested by the Authorized User. The price for substitute Base Items or Optional Equipment shall be equal to or less than the Base Item or Optional Equipment NYS Contract Prices in the Contract. Alternatively, the Authorized User may, at their sole discretion, cancel the order and purchase the School Bus from other sources. In such event the Contractor shall reimburse the Authorized User for all excess costs over the Contract price for the Base Item or Optional Equipment that is unavailable or cannot be supplied for any reason (except as provided for in Appendix B §44 Savings/Force Majeure).
DEFAULT ON DELIVERY. If during the Contract period an Authorized User has issued a Purchase Order on or before Final Order Due Date for an Item, and that Item becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §61 Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Item deemed by NYSPro to be equal to the specifications for the Item in the resultant contract(s), must be supplied by Contractor if requested by the Authorized User. If a Current Model Year substitute vehicle is not available or not deemed equal to the specifications for the Item in the Appendix C, Light Duty Vehicles including Law Enforcement (Model Year 2014 or Current Model Year) Documents, Number 2, Price Pages, then Contractor must supply a similar vehicle from the next Model Year that meets the specifications for the Item in the Contract. The price for substitute vehicles shall be equal to or less than the Unit Price for the vehicle in the Contract.
DEFAULT ON DELIVERY. If during the Contract period an Authorized User has issued a Purchase Order on or before the Final Order Due Date for a Chassis or Body and that Chassis or Body becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §47 Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Chassis or Body deemed by the Authorized User to be equal to the specifications for the Chassis or Body specified in the Mini-Bid, must be supplied by Contractor if requested by the Authorized User. The price for the substitute Chassis or Body shall be equal to or less than the NYS Chassis or Body Base Price provided in the Mini-Bid. Alternatively, the Authorized User may, at their sole discretion, cancel the order and purchase the Chassis or Body from other sources. In such event the Contractor shall reimburse the Authorized User for all excess costs over the NYS Chassis or Body Base Price for the Chassis or Body that is unavailable or cannot be supplied for any reason (except as provided for in Appendix B §47 Savings/Force Majeure).
DEFAULT ON DELIVERY. If during the Contract period an Authorized User has issued a Purchase Order for an Item, and that Item becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §48 Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Item deemed by NYSPro to be equal to the specifications for the Item in the resultant Contract(s), must be supplied by Contractor if requested by the Authorized User. The price for substitute Chassis Cab and Truck Bodies shall be equal to or less than the Base Item Unit Price for the Item in the resultant Contract(s). Alternatively, the Authorized User may, at their sole discretion, cancel the order and purchase the Chassis Cab or Truck Body from other sources. In such event the Contractor shall reimburse the Authorized User for all excess costs over the Contract price.
DEFAULT ON DELIVERY. If during the Contract period an Authorized User has issued a Purchase Order for a Base Item, and a Chassis Cab, Dump Body or Plow included in that Base Item becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §48 Savings/Force Majeure), following the issuance of the Purchase Order, a substitute Chassis Cab, Dump Body or Plow deemed by Procurement Services to be equivalent to the specifications for the Chassis Cab, Dump Body or Plow in the resultant Contract(s), must be supplied by Contractor if requested by the Authorized User. The price for substitute Chassis Cab, Dump Body or Plow shall be equal to or less than the Chassis Cab, Dump Body or Plow Price for the Item in the resultant Contract(s). Alternatively, the Authorized User may, at their sole discretion, cancel the order and purchase the Chassis Cab, Truck Body or Upfitted Truck from other sources. In such event the Contractor shall reimburse the Authorized User for all excess costs over the Contract price.
DEFAULT ON DELIVERY. If during the Contract period a Contractor has accepted a Purchase Order from an Authorized User and has agreed in writing to provide a Heavy Equipment Rental at a mutually agreed-upon timeframe, and the Heavy Equipment specified in the Rental Quote becomes unavailable or cannot be supplied for any reason (except as provided for in Appendix B §47 Savings/Force Majeure), substitute Heavy Equipment deemed by the Authorized User to be equal to the Heavy Equipment specified in the Rental Quote must be supplied by Contractor if requested by the Authorized User. If substitute Heavy Equipment is not available or not deemed equal to the Heavy Equipment specified in the Rental Quote, then the Contractor must supply available alternative Heavy Equipment that most closely meets the specifications in the Rental Quote. The Rental Price for substitute or alternative Heavy Equipment shall be equal to or less than the Rental Price provided in the Rental Quote. Alternatively, the Authorized User may, at their sole discretion, cancel the order and obtain Rental from a third party. In such event the Contractor shall reimburse the Authorized User for all excess costs over the Rental Price and Delivery Charge included on the Rental Quote.
DEFAULT ON DELIVERY. If during the contract period, the vehicles become unavailable or cannot be supplied for any reason (except as provided for in Appendix B §61 Savings/Force Majeure), a vehicle deemed by OGS PSG to be equal, must be supplied by Contractor. If a substitute is not available or acceptable, then a similar vehicle from the next model year must be supplied at the same price. In addition, the order may be canceled and the vehicle purchased from other sources, and the Contractor will reimburse the Authorized User for all excess costs over the contract price.
DEFAULT ON DELIVERY. Any contractor who defaults on delivery as defined in this Contract may be barred from bidding on any subsequent bid event for a period to be determined.
