DELAYS IN DELIVERY OR ACCEPTANCE. (a) If Seller fails or refuses to proceed with the Order or fails to deliver the Goods or perform the Services within the delivery dates and times specified in the Order, FFT may, without limiting or affecting its other rights or remedies available hereunder or at law, cancel the then remaining balance of the Order, unless the delay is an excusable delay (as defined in subparagraph 5(b)). In addition, if Seller fails to meet the delivery dates or times of the Goods, other than by reason of an excusable delay, FFT may, without limiting or affecting its other rights or remedies available hereunder or at law, direct expedited shipment and/or incur premium freight or transportation costs, and Seller shall pay upon demand all excess costs incurred thereby, including additional handling charges and other expenses (whether related or not) resulting therefrom. Seller shall be responsible for all other direct, consequential, and incidental damages incurred by FFT as a result of Seller’s failure to meet the delivery dates or times, other than by reason of an excusable delay, including the cost of any line shutdown and the cost of obtaining goods from an alternate source. FFT’s actions in obtaining substitute or replacement products shall not limit the rights and remedies available hereunder or atlaw.
DELAYS IN DELIVERY OR ACCEPTANCE. (a) If Seller fails or refuses to proceed with this Agreement or fails to deliver the Goods or perform the Services within the delivery dates and times specified in this Agreement, Buyer may, without limiting or affecting its other rights or remedies available hereunder or at law, cancel the then remaining balance of this Agreement, unless the delay is an excusable delay (as defined in subparagraph 6(b)). In addition, if Seller fails to meet the delivery dates or times of the Goods, other than by reason of an excusable delay, Buyer may, without limiting or affecting its other rights or remedies available hereunder or at law, direct expedited shipment and/or incur premium freight or transportation costs, and Seller shall pay upon demand all excess costs incurred thereby, including additional handling charges and other expenses (whether related or not) resulting therefrom. Seller shall be responsible for all other direct, consequential, and incidental damages incurred by Xxxxx as a result of Seller’s failure to meet the delivery dates or times, other than by reason of an excusable delay, including the cost of any line shutdown or an y ot h er ex pens es i nc u r r ed b y t he B u y er i n or der x x x ai nt ai n C us x x x er del i v er y s c hedul es and quant i t i es and the cost of obtaining goods from an alternate source. Buyer’s actions in obtaining substitute or replacement products shall not limit the rights and remedies available hereunder or at law.
