Delay by the Supplier. Should the Supplier have reason to assume that he will not be able to reach the Delivery Time, he shall immediately notify the Purchaser, stating the cause and estimated duration of the delay. Should the Delivery Time be exceeded, the Purchaser shall be entitled to compensation, as liquidated damages, of the percentage of the purchase price, as set out in the Purchase Agreement, for each day by which the Delivery Time is exceeded, up to the maximum percentage set out in the Purchase Agreement. If no percentage of the purchase price is defined in the Purchase Agreement in connection with liquidated damages, the Supplier shall pay zero point five per cent (0.5%) of the purchase price of the delayed Product for each day of delay, up to the maximum of ten per cent (10%) of the purchase price of the Product in delay. In the event of the Supplier's delay continuing after the maximum amount of the liquidated damages has fallen due, the Purchaser shall be entitled to cancel or terminate the Purchase Agreement with immediate effect and be entitled to further damages, in addition to those specified in this Article, in an amount corresponding to the damage occasioned through the delay, such as additional installation costs.
Delay by the Supplier. In case Supplier anticipates delay, it shall immediately notify Purchaser in writing, identifying both the cause and estimated duration of the delay. This does not limit Supplier’s liabilities resulting from late delivery. In case the Delivery Time is exceeded for any reason other than Force Majeure, or for a reason solely attributable to Purchaser, Purchaser shall be entitled to compensation as liquidated damages. Unless otherwise agreed in the Purchase Agreement, the amount of liquidated damages shall be 0,5 % of the purchase price of the Purchase Agreement for each day beginning the first calendar day on which Delivery Time is exceeded, up to the maximum of 5 % per cent of the Purchase Price. In the event the Supplier’s delay continues after the maximum amount of the liquidated damages has materialized, the Purchaser shall be entitled to immediately terminate the Purchase Agreement. In order to claim liquidated damages, it is not necessary for Purchaser to prove that actual damage resulted from the delay. The Purchaser’s is further entitled to all other damages and remedies permitted by the law. Purchaser does not need to claim the liquidated damages at the time of acceptance or delivery, and it is enough that such claim is made at the time of final invoice.
Delay by the Supplier. If Supplier shall fail or refuse to proceed with this order, or if Supplier shall fail to make delivery of all items within the specified times agreed upon in the Purchase Agreement or on the Purchase Order, Purchaser shall have the right to cancel all or any part of this order. Time is of the essence to this contract. The Supplier agrees that if the goods ordered are not delivered at the time and in accordance with purchaser's instructions, and purchaser pays or incurs any damages, penalty or other charge for a late delivery or performance under the terms of the aforesaid contract(s) on account of supplier's late delivery, supplier shall immediately indemnify and hold harmless purchaser therefore.
Delay by the Supplier. As described in section 5.4 above, it is of utmost importance to SLL that the Scope of Delivery follows the Time Schedule. In these circumstances, SLL may from the Supplier receive a penalty amount equivalent to 10 % of the Purchase Price for any Window delivered after the final day according to the Time Schedule and for which Window the Supplier is responsible and has not been released from liability according to section 6.7.3 above or section 18 below. For the avoidance of doubt, XXX’s right to penalty according to this section 8.1.2 shall not in any way limit SLL’s right to suspension according to section 6.7 above. If a delay according to this section 8.1.2 causes a delay of the taking into operation according to the Final Commissioning Program, SLL shall be entitled to damages from the Supplier for any damage that SLL is caused as a result of the delay up to the amount of maximal damages stated in section 11.1 below, any penalty paid under this section 8.1.2 shall however be deducted from such amount. If the Supplier is unable to fulfill the conditions for delivery, approval and succession of the Equipment within three (3) months from the points in time stated in the Time Schedule, SLL shall be entitled to terminate the Agreement. If SLL terminates the Agreement according to this section, SLL is entitled to receive repayment of paid parts of the Purchase Price plus interest according to the applicable reference interest. In case of termination according to this section, no cost for utilization of the Equipment such as rent or the like, shall be paid by SLL.
Delay by the Supplier. If at any time the Supplier's requirement for delivery of GFE changes because of a Delay by the Supplier in meeting its obligations under the Contract, DALO shall use re asonable endeavours to accommodate changes to the Supplier's requirements for delivery GFE and make any relevant change to the Contract in accordance with clause 4.1, if possible.
