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Delay in acceptance Sample Clauses

Delay in acceptance. 5 If the acceptance test is not completed within 20 days after the end of the shakedown 6 period, Contractor will be responsible for additional costs which may be incurred by 7 Authority in arranging for Recyclable Materials to be transported to and processed at a 8 different location, as well as for decreased revenue from sales of Recyclable Materials.
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Delay in acceptance. 9.1 If, after expiry of a reasonable period of time set by the customer, the customer does not carry out acceptance, refuses acceptance or previously declares seriously and definitively that he does not wish to accept acceptance, we may withdraw from the contract or claim damages for non- performance. 9.2 If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenditure. We reserve the right to assert further claims. 9.3 If the conditions of 9.2 are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time at which the customer is in default of acceptance or debtor's delay.
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Delay in acceptance. Costs that are incurred due to a delay in Product acceptance, which are not due to any fault or defect in the Spire product itself, must be paid by the Buyer. Delays of Product acceptance as described above may require a readjustment of the delivery time in accordance with and appropriate to the delays of the acceptance of the Product.
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Delay in acceptance. 1. If the Client does not accept the goods on the agreed date and/or after the agreed delivery time has elapsed for reasons that are his responsibility, S+P shall be entitled to claim compensation for the additional expenses incurred in this regard. 2. If there is a delay with the delivery or the service caused by the Client, S+P is entitled to charge storage costs at 0.5% per month or part thereof, up to a maximum of 5% of the total delivery or service price. The parties to the agreement shall be at liberty to provide proof of higher or lower storage costs. 3. Any products due to the Client, including, but not limited to data and data carriers will be archived by S+P after the delivery goods only if this has been expressly agreed and on payment of a special fee. 4. If S+P is entitled to claim compensation instead of the product/service, it may claim 15% of the price as compensation, without prejudice to the option to claim for a higher actual damage, unless the Client can provide proof that no damage has occurred or that it is substantially lower than the flat rate.
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Delay in acceptance. 11.1 If the customer delays acceptance for longer than 2 weeks (refusal of acceptance, delay in preliminary work or otherwise, no call made within an appropriate time in the case of delivery on call), and if in spite of an appropriate grace period having been set, the customer has not ensured the elimination of the circumstances attributable to him which delay or prevent the performance being rendered, we are entitled in the case of a valid contract to deploy otherwise the equipment and materials that have been specified for the performance of the work, insofar as in the event that the performance of the work is continued, we procure these again within a time appropriate to the respective circumstances. 11.2 In the case of delay in acceptance on the part of the customer, we are likewise entitled, in the case of insistence on fulfilment of the contract, to store the goods at our premises, for which we are due a storage fee pursuant to point 9.4. 11.3 In the case of a justified withdrawal from the contract, we are permitted to demand from the customer flat-rate damages of the level of 25% of the gross order value without proof of the actual damage. 11.4 Claiming higher damages is permitted
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Delay in acceptance. 11.1. If the customer delays acceptance and/or is not picking up goods (although readiness of delivery was announced) for longer than 6 weeks (refusal of acceptance, delay in preliminary work or otherwise, no call made within an appropriate time in the case of delivery on call), and if in spite of an appropriate grace period ha- ving been set, the customer has not ensured the elimination of the circumstances attributable to him which delay or prevent the performance being rendered, we are entitled in the case of a valid contract to deploy otherwise the equipment and materials that have been specified for the performance of the work, insofar as in the event that the performance of the work is continued, we procure these again within a time appropriate to the respective circumstances. 11.2. In the case of delay in acceptance and/or is not picking up goods (although readiness of delivery was announced on the part of the customer, we are likewise entitled, in the case of insis- tence on fulfilment of the contract, to store the goods at our pre- mises, for which we are due a storage fee pursuant to clause 9.4. 11.3. In the case of a justified withdrawal from the contract, we are permitted to demand from the customer flat-rate damages of 15 % of the gross order value without proof of the actual da- mage. 11.4. Claiming higher damages is permitted.
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Delay in acceptance. 11.1 If the customer delays acceptance for longer than 4 weeks (refusal of acceptance, delay in preliminary work or 11.2 In the case of delay in acceptance on the part of the customer, we are likewise entitled, in the case of insistence on fulfilment of the contract, to store the goods at our premises, for which we are due a storage fee pursuant to point 9.4. 11.3 In the case of a justified withdrawal from the contract, we are permitted to demand from the customer flat-rate damages of the level of 70% of the gross order value without proof of the actual damage. 11.4 Claiming higher damages is permitted.
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Delay in acceptance. 11.1. If the customer defaults in acceptance for longer than 8 weeks (refusal of acceptance, delay with preliminary services or otherwise, no call-off within a reasonable time in the case of an order on call-off), and despite a reasonable period of grace the customer has not provided for the elimination of the circumstances attributable to him, which delay or prevent the performance of the service, we may, in the case of an honourable contract, dispose of the devices and materials specified for the performance of the service elsewhere, provided that, in the case of the continuation of the performance, we provide these within a period appropriate to the respective circumstances.
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Related to Delay in acceptance

  • Order Acceptance Xxxxxxx’x acceptance of the Order and consequent agreement to the Contract by either: (a) delivering the Goods, Services, or Digital Services; or

  • Time for Acceptance Unless the Optionee shall evidence his/her acceptance of this Option by execution of this Agreement within ten (10) days after its delivery to him/her, the Option and this Agreement shall be null and void.

  • Notice of Acceptance Notice of each Offeree’s intention to accept, in whole or in part, any Offer made shall be evidenced by a writing signed by such Offeree and delivered to the Company prior to the end of the 20-day period of such offer, setting forth such of the Offeree’s Basic Amount as such Offeree elects to purchase and, if such Offeree shall elect to purchase all of its Basic Amount, such Undersubscription Amount as such Offeree shall elect to purchase (the “Notice of Acceptance”). If the Basic Amounts subscribed for by all Offerees are less than the total Offered Securities, then each Offeree who has set forth Undersubscription Amounts in its Notice of Acceptance shall be entitled to purchase, in addition to the Basic Amounts subscribed for, all Undersubscription Amounts it has subscribed for; provided, however, that should the Undersubscription Amounts subscribed for exceed the difference between the Offered Securities and the Basic Amounts subscribed for (the “Available Undersubscription Amount”), each Offeree who has subscribed for any Undersubscription Amount shall be entitled to purchase only that portion of the Available Undersubscription Amount as the Undersubscription Amount subscribed for by such Offeree bears to the total Undersubscription Amounts subscribed for by all Offerees, subject to rounding by the Board of Directors to the extent it reasonably deems necessary.

  • Card Acceptance When accepting a Card, Merchant will follow the steps provided by Servicer for accepting Cards and will: (a) determine in good faith and to the best of its ability that the Card is valid on its face; (b) obtain Authorization from the Card Issuer to charge the Cardholder's account; (c) unless the Sales Draft is electronically generated or is the result of a mail, internet, phone or preauthorized order, (i) obtain an Imprint of the Card including embossed data from the merchant imprinter plate; and (ii) obtain the Cardholder's signature on the Sales Draft and compare that signature to the signature on the Card; (d) enter a description of the goods or services sold and the price thereof (including any applicable taxes); (e) deliver a true and completed copy of the Sales Draft to the Cardholder at the time the goods are delivered or services performed, or, if the Sales Draft is prepared by a point-of-sale terminal, at the time of the sale; (f) offer the Sales Draft to Servicer for purchase according to Servicer's procedures and the terms of this Agreement; and (g) make a Card Imprint, if the Transaction is not based upon a mail, internet, phone or pre-authorized order.

  • STATE ACCEPTANCE All insurance providers are subject to Agency acceptance. If requested by Agency, Grantee shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Exhibit C.

  • Deemed Acceptance You are required to accept the terms and conditions set forth in this Agreement prior to the first vest date in order for you to receive the Award granted to you hereunder. If you wish to decline this Award, you must reject this Agreement prior to the first vest date. For your benefit, if you have not rejected the Agreement prior to the first vest date, you will be deemed to have automatically accepted this Award and all the terms and conditions set forth in this Agreement. Deemed acceptance will allow the shares to be released to you in a timely manner and once released, you waive any right to assert that you have not accepted the terms hereof.

  • BID ACCEPTANCE PERIOD A bid shall constitute an irrevocable offer for a period of ninety (90) days from the bid opening date or until the date of award. In the event that an award is not made by the County within ninety (90) days from the bid opening date, the Bidder may withdraw their bid or provide a written extension of their bid.

  • CONTRACT ACCEPTANCE By acceptance of this order, Xxxxxx agrees that the scope of the work required is understood by Xxxxxx; that there are no informal commitments by Buyer that in any way affect the work under this order; that there are no open or unresolved issues related to this order except as explicitly stated herein; and that Xxxxxx therefore understands and agrees that this order states the complete agreement of the parties. CAS requirements do not apply if the order does not exceed $650,000 or if the Seller claims an exemption per the Proposal Representation and Certification, or if certified cost or pricing data was not provided.

  • Final Acceptance When the Project/Service or any portion thereof, as designated by the COUNTY, is ready for its intended use, the COUNTY and any other invited parties shall make an inspection of the Project/Service, to verify its completeness and develop a punch list of items needing completion or correction before final payment will be made. CONTRACTOR shall have ten (10) calendar days to correct all deficiencies. An eighty-dollar ($80.00) re-inspection fee shall be applied for the third inspection and any required re-inspection thereafter. The COUNTY shall have the right to exclude CONTRACTOR from those portions of the work designated as complete after the inspection; provided, however, that CONTRACTOR will have reasonable access for the time allotted by the COUNTY to complete or correct items on the punch list. When the work provided for under this Agreement has been completely performed by CONTRACTOR, and the final inspection has been made by the COUNTY, a final invoice will be prepared by the CONTRACTOR. The amount of this invoice, less any sums that may have been deducted or retained under the provisions of this Agreement, will be paid to CONTRACTOR in accordance with this Agreement, and after CONTRACTOR has agreed in writing to accept the balance due, as determined by the COUNTY, as full settlement of the account under the contract and of all claims in connection therewith. Occupancy by the COUNTY alone does not constitute final acceptance.

  • Procedure for Acceptance If Tenant wishes to exercise Tenant’s right of first refusal with respect to the space described in the First Refusal Notice, then within five (5) business days after delivery of the First Refusal Notice to Tenant (“Election Date”), Tenant shall deliver notice to Landlord of Tenant’s exercise of its right of first refusal with respect to the entire space described in the First Refusal Notice and on the First Refusal Economic Terms contained therein. Subject to the remaining provisions of this Section 1.4.2, if Tenant does not exercise its right of first refusal within the five (5) business day period (on all of the First Refusal Economic Terms), then Landlord shall be free to lease the space described in the First Refusal Notice to anyone to whom Landlord desires on any terms Landlord desires and Tenant’s right of first refusal with respect to the space identified in the First Refusal notice shall thereupon automatically terminate; provided, however, that if Landlord intends to enter into a lease upon First Refusal Economic Terms which are, in the aggregate, materially more favorable to a prospective tenant than those First Refusal Economic Terms proposed by Landlord in the First Refusal Notice to Tenant, then Landlord shall first deliver written notice to Tenant (“Second Chance Notice”) providing Tenant with the opportunity to lease the First Refusal Space on such more favorable First Refusal Economic Terms. For purposes hereof, First Refusal Economic Terms shall be materially more favorable to a third party if such First Refusal Economic Terms reflect a net effective rental rate (including any rent abatement and Tenant Improvement costs/allowance and any other economic concessions) less than ninety-five percent (95%) of the net effective rental rate for such First Refusal Space as those proposed by Landlord in the First Refusal Notice to Tenant. Tenant’s failure to elect to lease the First Refusal Space upon such more favorable First Refusal Economic Terms by written notice to Landlord within five (5) business days after Tenant’s receipt of such Second Chance Notice from Landlord shall be deemed to constitute Tenant’s election not to lease such space upon such more favorable First Refusal Economic Terms, in which case Landlord shall be entitled to lease such space to any third (3rd) party on terms not materially more favorable to the third (3rd) party than those set forth in the Second Chance Notice; provided, however, that for purposes of the Second Chance Notice, First Refusal Economic Terms shall be materially more favorable to a third party if such First Refusal Economic Terms reflect a net effective rental rate (including any rent abatement and Tenant Improvement costs/allowance and any other economic concessions) less than ninety-eight percent (98%) of the net effective rental rate for such First Refusal Space as those proposed by Landlord in the First Refusal Notice to Tenant. If Landlord does lease such First Refusal Space to a third (3rd) party tenant pursuant to the terms and conditions of this Section 1.4.2, Tenant shall have no further right to lease such First Refusal Space. If Landlord does not enter into a lease or leases all of the First Refusal Space identified by Landlord in such First Refusal Notice within three (3) months after the date Landlord first delivered such First Refusal Notice to Tenant, then Landlord shall submit to Tenant a new First Refusal Notice with respect to any such unleased First Refusal Space before Landlord may lease such space to another party, provided that no existing Superior Right holder wishes to lease such space in accordance with its Superior Rights in which event the foregoing procedures shall again apply following Tenant’s receipt of such new First Refusal Notice. Notwithstanding anything to the contrary contained herein, Tenant must elect to exercise its right of first refusal, if at all, with respect to all of the space comprising the First Refusal Space offered by Landlord to Tenant at any particular time, and Tenant may not elect to lease only a portion thereof or object to any of the First Refusal Economic Terms.

Most Referenced Clauses

Most Referenced Definitions