DELAYED ORDERS. If an order is delayed at Purchaser’s request beyond the original shipping date, PPI will, at PPI’s option for the first three months of delay:
A. Store the transformers at a PPI location and charge the customer 1.0% per month or part thereof of the price of the transformers up to a maximum of 3 months, OR
B. Store the transformers at the customer’s location and charge the customer .75% per month or part thereof of the price of the transformers up to a maximum of 3 months. For delays beyond 3 months, the charge per month will double for up to a maximum of 6 months. At the end of the 6 month period, units will be will be released for shipment, shipped and/or invoiced per the order. These charges would apply to transformers already built or in the production cycle (8 weeks prior to original ship date) at the time of the requested delay. For units delayed that are not yet in the production cycle a 2% charge per line item will apply plus escalation in accordance with the contract. If the contract does not contain an applicable escalation clause, an additional 2% per quarter escalation will apply to the end of the contract period. If the delay extends beyond the contract period, an additional 2% per quarter escalation will apply. In no case should delays extend beyond 3 months of the contract period without PPI’s prior approval. Purchaser will not be invoiced until the units are released for shipment. Invoices will show the above charges as separate items.
DELAYED ORDERS. Any request for delay in delivery of Product or in commencement of Service must be provided by Buyer to Seller in writing and shall be effective only upon receipt and written and express acceptance by Seller. Buyer may not request Seller delay delivery of Product or Service less than thirty (30) calendar days prior to the scheduled shipment date of a Product, or less than fifteen (15) calendar days prior to the commencement of the Service. Buyer may not postpone a scheduled shipment of Product or commencement of Service to a date more than three (3) months from the originally scheduled shipment or commencement date, and any attempt to do so shall be deemed a cancellation of the order pertaining to such shipment of Product or Service and Seller shall be entitled to pursue all legal remedies including without limitation lost profits. Purchase orders accepted by Seller may not be cancelled within the term of thirty (30) days before the date of scheduled delivery of Product or commencement of Service. Purchase orders for Products that are custom designed, modified or special products not listed on a published Seller price list may not be cancelled.
DELAYED ORDERS. Any request for delay in delivery of Product or in commencement of service must be in writing and shall be effective only upon receipt by Seller. Buyer may not request Seller delay delivery of Product or service less than thirty (30) days prior to the scheduled shipment date of a Product, or less than fifteen (15) days prior to the commencement of the service. Buyer may not postpone a scheduled shipment of Product or commencement of service to a date more than three (3) months from the originally scheduled shipment or commencement date, and any attempt to do so shall be deemed a cancellation of the order pertaining to such shipment of Product or service and Seller shall be entitled to pursue all legal remedies including without limitation lost profits. Buyer hereby acknowledges and agrees that the measure of Seller's damages for non-acceptance or repudiation as set forth in section 2-708(1) of the Uniform Commercial Code (however numbered in the applicable state statute) is inadequate to put Seller in as good a position as performance would have done and that, therefore, Seller's remedy for an order deemed to have been canceled under this section (Delayed Orders) shall include the profit Seller would have made had it actually delivered the Product to or performed the service for Buyer. Purchase Orders accepted by Seller may not be canceled within thirty (30) days of the scheduled delivery date. Purchase Orders for Custom Product may not be canceled.
DELAYED ORDERS. Any request for delay in delivery of Product or in commencement of Service must be provided by Buyer to Seller in writing and shall be effective only upon receipt and written and express acceptance by Seller. Buyer may not request Seller delay delivery of Product or Service less than thirty (30) calendar days prior to the scheduled shipment date of a Product, or less than fifteen (15) calendar days prior to the commencement of the Service. Buyer may not postpone a scheduled shipment of Product or commencement of Service to a date more than three (3) months from the originally scheduled shipment or commencement date, and any attempt to do so shall be deemed a cancellation of the order pertaining to such shipment of Product or Service and Seller shall be entitled to pursue all legal remedies including without limitation lost profits. Purchase orders accepted by Seller may not be cancelled within the term of thirty (30) days before the date of scheduled delivery of Product or commencement of Service. Purchase orders for Products that are custom designed, modified or special products not listed on a published Seller price list may not be cancelled. 10. ÓRDENES DEMORADAS. Toda solicitud xx xxxxxx en la entrega del Producto o en el inicio del Servicio debe ser entregada por el Comprador al Vendedor por escrito y será válida sólo luego de la recepción y aceptación expresa y escrita del Vendedor. El Comprador no podrá solicitar al Vendedor xx xxxxxx en la entrega de un Producto o comienzo de un Servicio con menos de treinta (30) xxxx corridos de anticipación a la fecha de envío programado de un Producto o quince (15) xxxx corridos de anticipación a la fecha de inicio del Servicio. El Comprador no podrá demorar el envío programado de un Producto o el inicio de un Servicio a una fecha posterior al plazo de tres (3) meses luego de la fecha original de envío del Producto o comienzo del Servicio, y todo intento de hacerlo se considerará una cancelación de la orden de dicha entrega de Producto o Servicio, y el Vendedor podrá ejercer todos los derechos o recursos legales, incluyendo entre otros, reclamos por lucro cesante. Las órdenes de compra aceptadas por el Vendedor no podrán cancelarse dentro del plazo de treinta (30) xxxx anterior a la fecha de entrega programada del Producto o de inicio del Servicio. No podrán cancelarse las órdenes de compra de Productos que tienen un diseño personalizado, se encuentran modificados, son especiales o no están incluidos en una list...
DELAYED ORDERS. Any request for a delay in the delivery of Products or the commencement of services must be in writing and shall be effective only upon receipt by Xxxxx. OEM Customer shall not request Zebra to delay a delivery of Products or services less than thirty (30) days prior to the scheduled shipment date of the Products or less than fifteen (15) days prior to the commencement of the services. OEM Customer shall not postpone a scheduled shipment of Products or commencement of services to a date more than three (3) months from the originally scheduled shipment or commencement date, and any attempt to do so shall be deemed a cancellation of the Order pertaining to such shipment of Products or commencement of services and Zebra shall be entitled to pursue all legal remedies including, without limitation, lost profits. OEM Customer hereby acknowledges and agrees that the measure of Xxxxx’s damages for OEM Customer’s non-acceptance or repudiation as set forth in Section 2-708(1) of the Uniform Commercial Code (however numbered in the applicable state statute) is inadequate to put Zebra in as good a position as performance would have done and that, therefore, Xxxxx’s remedy for an Order deemed to have been canceled under this Section 3.0 (Delayed Orders) shall include, without limitation, the profit Zebra would have made had it actually delivered the Products to or performed the services for OEM Customer. Orders accepted by Zebra may not be canceled within thirty (30) days of the scheduled delivery date. Orders for Custom Products may not be canceled.
