Common use of DELAYS BY THE SELLER Clause in Contracts

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.