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 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.