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 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).