Common use of DEFAULT ON DELIVERY Clause in Contracts

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 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 Pagesresultant contract(s), then Contractor must supply a similar vehicle from the next Model Year that meets the specifications for the Item in the Contractresultant contract(s). The price for substitute vehicles shall be equal to or less than the Unit Price for the vehicle in the Contractresultant contract(s).