DELAYS BY THE SELLER Clause Samples
The "Delays by the Seller" clause defines the responsibilities and consequences when the seller fails to meet agreed-upon deadlines or delivery schedules. Typically, this clause outlines what constitutes a delay, the process for notifying the buyer, and any remedies available, such as extensions, penalties, or the right to terminate the contract. Its core function is to allocate risk and provide a clear framework for addressing late performance, thereby protecting the buyer from potential losses due to the seller's delays.
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DELAYS BY THE SELLER. 14.1 Any time or period for Delivery, despatch, Installation and/or completion shall be of the essence of the Contract. If the Seller fails to complete:-
14.1.1 any specific part or stage of the Installation by the date(s) specified in the Purchase Order, an Attachment or a Variation;
14.1.2 the Delivery and/or Installation of the Goods and/or Services by the Completion Date (or such revised dates as may be agreed in accordance with Clause 13) the University shall have the right exercisable by giving notice to the Seller, at its sole discretion, either to: -
14.1.3 terminate the Contract or any part thereof whereupon the University’s rights shall be as described in Clause 17.3, or
14.1.4 proceed with the fulfillment of the Contract whereupon the University shall have the right to recover from the Seller any losses which it may have suffered as set out in Clause 14.2 hereof.
14.2 In the event that the University shall elect to proceed with the fulfilment of the Contract, and the University shall have suffered a loss, then without prejudice to any of the University’s other rights and remedies, the University shall have the right to deduct, as liquidated damages and not by way of a penalty, from the Price the percentage stated in the Purchase Order and/or in any Attachment, of the Price for each week or part thereof between the Completion Date and the Acceptance Date.
14.3 The amount so deducted under clause 14.2 shall not exceed the maximum percentage of the total Price stated in the Purchase Order and/ or in any Attachment and such deductions so made are a pre-estimate of the loss likely to be suffered by the University as a result of the failure of the Seller as set out in this Clause 14.
DELAYS BY THE SELLER. If the actual Delivery Date for any Helicopter or Option Helicopter occurs after the date agreed by the Parties and a further grace period of thirty (30) days for reasons other than a Force Majeure Event or delay caused by the Buyer, the Seller shall pay to the Buyer as liquidated damages the equivalent to the capital cost, charged at a rate of 12% per annum of all sums already paid per delayed Helicopter or Option Helicopter for the time between the end of the grace period and the actual Delivery Date. Without prejudice to any other rights of the Buyer under this Contract, the payment of the liquidated damages as stipulated above shall be full and final satisfaction of all claims arising directly or indirectly out of any delays by the Seller. Should the Seller fail to have the Helicopter or Option Helicopter available for sale to the Buyer within three (3) months of the contracted date agreed by all parties, in addition to the liquidated damages above, the Buyer is entitled to cancel the delivery and to receive a refund of all deposit payments made on the aircraft.