Delayed Shipment. If the Contractual Tonnage for a Contract Year is not delivered by the end of such Contract Year, Seller may request, and Buyer shall not unreasonably deny such request (provided that any such denial shall be deemed to be reasonable if Buyer has made arrangements to purchase substitute concentrates from a third party or third parties in accordance with Section 3.5), to ship such delayed tonnage to Buyer in the first shipment of the succeeding Contract Year or as soon thereafter as is practicable. Such delayed tonnage shall be regarded as part of the Contractual Tonnage of the preceding Contract Year and all terms and conditions of the preceding Contract Year shall apply to such tonnage. In no event shall such delayed tonnage in respect of any Contract Year be more than 25,000 DMT's.
Delayed Shipment. If Purchaser requests a delayed delivery, Purchaser will be responsible for any storage fees incurred for holding shipment. No shipments will be delayed more than thirty days. Not later than the thirtieth day, the shipment will be released to Purchaser and shipped per 3.1.
Delayed Shipment. If shipment of any Goods or other performance by Seller is delayed at the request of or due to the fault of Buyer, Seller may at its option hold the Goods at the place of shipment or elsewhere at Buyer’s risk and expense; provided, however, Seller is under no obligation to hold the Goods and Buyer must accept the shipment in accordance with the terms of the Agreement if Seller elects. In the event of any such delay in shipment, full and final payment for Goods shall be due and payable 20 days after the Goods are ready for shipment.
Delayed Shipment. In all cases of force majeure provided in the Article No. 10, the period of shipment stipulated shall be extended for a period of twenty one(21) days. In case shipment within the period thus extended should still be prevented by a continuance of the causes mentioned in the article or the consequences of any of them, Buyers shall have the option of either to allow the shipment of late goods or to cancel the order by giving Sellers a notice of cancellation by telex. 제2절 Agreement on General Terms and Conditions of Business
Delayed Shipment. The Supplier agrees to promptly notify AMO (or its Affiliate issuing the purchase order) in writing of any delay, or possibility of delay, in the shipment of Products and the cause and extent of such delay. Without limiting any other rights or remedies available to AMO and its Affiliates hereunder or under applicable law, in the event the Supplier fails to ship any Products within ***** after the applicable Shipment Date, AMO and its Affiliates may, in their sole discretion do either of the following:
(i) AMO and its Affiliates may cancel the purchase order as to such Products without charge or penalty, and in shall be entitled to “cover” by purchasing a like quantity of substantially similar products or parts in substitution for those due from the Supplier. The Supplier shall credit AMO and its Affiliates the difference between the cost of cover and the purchase order price, together with any incidental and consequential damages incurred by AMO and its Affiliates in connection with such cancellation, including without limitation additional shipping costs. ***** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(ii) AMO and its Affiliates may accept delivery of such Products and reduce the price to be paid for such Products for purposes of that purchase order as follows: ***** 5% ***** 10% ***** 15% The amount of foregoing price discounts shall be deducted by AMO and its Affiliates from the invoice for such Products.
Delayed Shipment. In the event the Buyer delays shipment more than 30 days from the initial scheduled delivery date(s) through no fault of the Company and the Goods are ready to ship, the payment will be due upon readiness to ship, net 30 days against commercial invoice. After 45 days delayed shipment through no fault of the Company and payment in full, the Buyer shall be responsible for transporting the goods to a location of its choice and any additional costs shall be borne by the Buyer. Buyer to release 100% payment with taxes upon readiness of the goods and lift the goods immediately. The company can store goods only for a maximum period of 45 days from the agreed contractual delivery date and beyond which Storage charges will be applicable.
