DELAYS IN DELIVERY. 6.1. Delivery periods are provided as an indication unless the Seller expressly accepts firm deadlines.
6.2. The delivery periods commence on the latest of the following: (i) the Seller’s unconditional acceptance of the order; (ii) the Seller’s receipt of information which the Buyer is responsible for providing where the commencement of the order fulfilment is conditional upon the provision of that information; or (iii) receipt of the agreed down payment.
6.3. Absent any specific period set forth in the Contract, if the conditions precedent to the coming into force of the Contract have not been fulfilled within six (6) months from its conclusion, said Contract shall be null and void and the Seller and the Buyer hereby waive any claim for damages in relation thereto.
6.4. In the event of a delay in delivery, where a firm deadline has been accepted and in the absence of provisions to the contrary, the Seller shall pay liquidated damages of zero point five (0.5) % of the price of the Products for which the delivery is delayed for each full week of delay following a one-week grace period, it being hereby stipulated that these liquidated damages shall not, in all cases, exceed five (5) % of the amount of this price. The Buyer may not set off any liquidated damages owed by the Seller against any amounts owed by the Buyer, without the Seller’s prior written consent. The aforesaid liquidated damages shall constitute the sole remedy of the Buyer for delays and shall only be payable by Seller if the delay is exclusively attributable to the Seller.
6.5. If the Buyer delays, prevents or impedes performance by the Seller, the Seller shall be entitled to an extension of time and to recover any additional costs incurred due to such delay, prevention or impediment including additional storage costs, de-mobilization/re-mobilization costs, travel and transportation costs.
6.6. The Buyer acknowledges that the Products or part thereof are produced in, or otherwise sourced from, or will be installed in areas already affected by, or that may be affected in the future by, the prevailing COVID-19 epidemics/pandemic and that the situation may trigger stoppage, hindrance or delays in Seller’s (or its subcontractors) capacity to produce, deliver, install or service the Products, irrespective of whether such stoppage, hindrance or delays are due to measures imposed by authorities or deliberately implemented by Seller (or its subcontractors) as preventive or curative measures to avoid...
DELAYS IN DELIVERY. The Lessor shall not be responsible for any loss or expense, or any loss of profit, arising from any delay in the delivery of, or failure to deliver, the Ship to the Lessee under this Lease where such delay or failure is not caused by the wilful misconduct or gross negligence of the Lessor or breach of its express obligations under this Lease.
DELAYS IN DELIVERY. (a) Time is of the essence for all deliveries pursuant to this Agreement. If a tender of conforming Products is not made within five (5) business days of the shipping date specified, Seller shall be in breach of this Agreement and Seller shall have no right to make a later conforming tender. Buyer will not obligated to accept any tender which does not fully comply with there provisions.
(b) If Seller does not comply with Buyer's requirements herein, Buyer may, in addition to any other remedies which Buyer may have under the Uniform Commercial Code or this Agreement, require reimbursement from Seller for any reasonable concessions made to Buyer's customers as a result of the unavailability of the Products so ordered as so scheduled, including, but not limited to, the purchase price of replacement products ordered or, if a replacement product is unavailable, the reasonable cost of compensation, labor, overhead, travel time and materials required to supply such replacements. Seller shall promptly notify Buyer in writing of any anticipated delay, the nature and cause of the delay, and the expected duration.
(c) Goods shipped more than five (5) days in advance of Buyer's requirements schedule may be returned to seller at Seller's expense.
(d) Neither party shall be liable for any failure, inability or delay in performing its obligations hereunder if such failure, inability or delay is due to an act of God, war, explosion or sabotage, accident, casualty, Government law, Order or Regulation. Due diligence and every reasonable effort shall be used by each party in curing such cause and in resuming performance, such as substitution of material sources or utilization of overtime or additional workers. With respect to any Production Order, in the event the delay persists, or if it reasonably appears to Buyer that the delay will persist, for more than sixty (60) days, Buyer may cancel such Production Order without penalty. In the event that delay or inability to perform arises from interruption of supply or scarcity of raw materials or parts used by Seller in manufacturing Products, [Seller shall use all commercially reasonable efforts to give Buyer's orders priority over all other orders in any allocation of such raw materials or parts, or production scheduling; provided, however, that delay as a result of interruption of supplies or scarcity of materials or parts shall not excuse Seller's performance unless due to one of the causes noted above.]
DELAYS IN DELIVERY. All delivery dates are approximate. Seller shall not be liable for any losses or damages as a result of any delay or failure to deliver due to fires, floods, accidents, strikes, slowdowns, wars, acts or terrorism, riots, acts of God, acts of Buyer, embargoes, priorities, government orders or restrictions, delays in transportation, equipment failure, delays by any supplier of materials or parts, inability to obtain necessary labor, or any other causes beyond the control of Seller. If any such delay occurs, the delivery date shall be extended for a period equal to the time lost by reason of such delay. Seller may, in its sole discretion, allocate its inventory of goods among itself, its present and future customers, other channels of distribution and Buyer. If an event of force majeure prevents or delays, for a period exceeding 6 months, Seller’s performance under an order accepted by Seller, either party may terminate, without penalty, the orders accepted by Seller and adversely affected by such event by giving written notice thereof to the other party.
DELAYS IN DELIVERY. Seller shall not be liable for failure or delay in delivery to Dealer of Nissan Products which Seller has previously agreed to deliver to Dealer where such failure or delay is due to cause or causes beyond the control or without the fault or negligence of Seller.
DELAYS IN DELIVERY. Buyer may, by written order, change the date of shipment of the Equipment or, if delivery of the Equipment is to take place in multiple shipments, change the dates of, or direct the temporary suspension of, all or some of the shipments of the Equipment, neither of which shall entitle Seller to a modification of the price for the Equipment covered by this Agreement.
DELAYS IN DELIVERY. 18.1 "Company" agrees to notify Purchaser in the event that it anticipates difficulty in meeting delivery schedule. Receipt of such notice shall not be deemed to be a waiver by Purchaser of rights or remedies which it may have for failure to meet an agreed delivery date. Notwithstanding the above “Company” shall be deemed to be in delay without notice from the Purchaser and only by simple expiry of the due delivery date.
DELAYS IN DELIVERY. Except as provided in Articles 9.1 and 9.3, Embraer warrants that there shall be no delays in deliveries of aircraft. The sole remedies for delays in delivery of Aircraft are those provided in this Article 9 and Article 20.2.
DELAYS IN DELIVERY. Time is of the essence. If Seller for any reason does not comply with the buyer's delivery schedule, Buyer in addition to remedies provided by law, at its option may either approve and revise delivery schedule or, may terminate the order without liability on account thereof.
DELAYS IN DELIVERY. Time is of the essence, and the performance of Services and delivery of Goods shall be made strictly in accordance with the schedule set out in the Purchase Order. Any extension of time agreed to by AMRI shall relate only to the extension in question and shall not be deemed a waiver of AMRI’s rights to delivery on any agreed upon revised delivery date. If, for any reason, Seller fails to substantially comply with the Purchase Order schedule, AMRI, at its option, may either approve a revised schedule or may terminate the Purchase Order in accordance with Section 17. Seller shall notify AMRI of any delays actual or anticipated delays to the Purchase Order schedule. In the event of any variation of the Purchase Order schedule without AMRI’s prior written consent, or failure to deliver Goods or perform Services in accordance with the Purchase Order, Seller shall be liable for all resulting losses/damages, including but not limited to, excess costs incurred in procuring the ordered Goods or Services from an alternative source and production losses. In addition, AMRI is entitled to recover from Seller two percent (2%) of the applicable Purchase Order cost for every day that the delivery of Goods or performance of Services is delayed more than five (5) days.
