Common use of Delay by the Customer Clause in Contracts

Delay by the Customer. The Customer shall take delivery of the Goods and Services on the Scheduled Delivery Date and shall not delay delivery of the Goods or Services without Seller’s consent. If the Customer delays delivery of Goods or Services, such delay may give rise to a price increase by Seller for the Goods or Services prior to shipment of Goods or rendering of Services, and the Customer agrees to pay all costs associated with such delay, including without limit any storage expenses, and payments are to be made by the Customer as though shipment had been made or Services performed as scheduled. Title and risk of loss for Equipment placed in storage will pass to the Customer upon placement of the Equipment into storage and the warranty will start on that date. If the Customer delays delivery of the Goods or Services for a period of more than ninety (90) days beyond the Scheduled Delivery Date, then Seller may cancel the Order by written notice to the Customer. Upon any cancellation pursuant to this provision, Seller will be entitled, as a minimum, to all costs actually incurred up to the time of cancellation, plus a fair and reasonable pro rata profit on such cost. Seller will prepare a cancellation notice and an invoice containing the applicable cancellation charges for submission to the Customer, which amounts will be due and payable upon receipt.

Delay by the Customer. The Customer shall agrees to take delivery of the Goods and Services on the Scheduled Delivery Date and shall Date. The Customer may not delay delivery of the Goods or Services without Seller’s Xxxxxx’ consent. If the Customer delays delivery of the Goods or ServicesServices is delayed by the Customer, such delay may give rise to a price increase by Seller Xxxxxx for the Goods or Services prior to shipment of Goods or rendering of Services, and the Customer agrees to pay all costs associated with such delay, including without limit any storage expenses, and payments are to be made by the Customer as though shipment had been made or Services performed as scheduled. Title and risk of loss for Equipment placed in storage will pass to the Customer upon placement of the Equipment into storage and the warranty will start on that date. If the Customer delays delivery of the Goods or Services for a period of more than ninety (90) days beyond the Scheduled Delivery Date, then Seller Xxxxxx may cancel the Order by written notice to the Customer. Upon any cancellation termination pursuant to this provision, Seller Xxxxxx will be entitled, as a minimum, to all costs actually incurred up to the time of cancellationtermination, plus a fair and reasonable pro rata profit on such cost. Seller A termination notice containing these charges will prepare a cancellation notice be prepared and an invoice containing the applicable cancellation for termination charges for submission will be submitted to the Customer, which amounts will be due and payable upon receipt.