Common use of DEFAULT ON DELIVERY Clause in Contracts

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 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 SavingsXxxxxxxx X, Xxxxxxx 00 Xxxxxxx/Force MajeureXxxxx Xxxxxxx), 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.