Delays in Shipment Sample Clauses
The "Delays in Shipment" clause defines the procedures and responsibilities when a shipment does not occur as scheduled. Typically, it outlines the circumstances under which delays are permissible, such as force majeure events, and may require the party responsible for shipping to promptly notify the other party of any anticipated delays. This clause helps manage expectations, clarifies liability, and provides a framework for resolving issues caused by late deliveries, thereby reducing disputes and ensuring both parties are aware of their rights and obligations in the event of shipment delays.
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Delays in Shipment. Time and date of delivery are of the essence, except when delay is due to causes beyond Seller's reasonable control and without Seller’s fault or negligence.
Delays in Shipment. Altera will use commercially reasonable efforts to ship products to arrive by any requested delivery dates quoted or acknowledged. However, Altera will not be liable for any delay in shipment or delay in performance under this Agreement due to unforeseen circumstances or due to causes beyond its control including but not limited to, acts of nature, acts of government, labor disputes, delays in transportation, and delays in delivery or inability to deliver by Altera's suppliers.
Delays in Shipment. The Parties acknowledge that failure to meet the delivery schedule specified in any Statement of Work or Purchase Order may cause substantial financial impact to each other. Manufacturer will promptly notify Customer in writing of any anticipated delay in meeting the delivery dates specified in the applicable Statement of Work or Purchase Order stating the reasons for the delay. If Manufacturer foresees a possible delay in delivery of Products, Manufacturer shall notify Customer of its possible failure to deliver and Manufacturer will provide Customer with a proposed new delivery date at least fourteen (14) * 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. days prior to the originally confirmed delivery date. Customer may cancel the order or agree on a new delivery date. In any case, Manufacturer shall bear all actual loss and damages (including but not limited to transportation costs, customer charges, order cancellations) that Customer suffers in the event Manufacturer fails in a timely manner to deliver the Product on the original delivery date, unless the delay was due to causes not reasonably foreseeable and outside Manufacturer’s control.
Delays in Shipment. Flextronics will promptly notify Customer in writing of any anticipated delay in meeting the Product delivery dates specified in any accepted Purchase Order stating the reasons for the delay and the new delivery date. In the event of such a delay, Flextronics will promptly notify Customer and provide a recovery plan acceptable to Customer within [*] calendar days. Should Flextronics not fulfill such recovery plan at no fault of Customer and not due to a Force Majeure Event, then at Fitbit’s option it may: (i) take delivery of the Products and receive a credit from Flextronics equal to [*], up to a maximum of [*] of the value of the delayed portion of the Purchase Order; or (ii) have the Products that are the subject of the delay [*], all or any part of any Materials, Work-In-Progress or Finished Products that Flextronics has on hand, and [*] any open purchase orders Flextronics has with any Suppliers related to the purchase of Materials. If Customer elects option (ii), then Flextronics shall reimburse Customer for the [*] for such products, up to a maximum amount of [*], and with respect to the Products that are no longer to be manufactured by Flextronics due to such delay, Customer shall only have liability for those [*] within [*] calendar days of the Customer’s request for shipment; provided however, if Flextronics notifies Customer prior to the [*] calendar day that it is unable to ship or redirect any such [*] to Customer, but will be able to ship or redirect the [*] shortly thereafter (e.g., due to the fact that the [*] are in-transit) then the parties shall work in good faith to adjust the timeframe to permit Flextronics a reasonable period of time to ship or redirect the [*] to Customer, and so long as Flextronics ships or redirects the [*] within such mutually agreed timeframe then Customer shall have [*]. Further, in the event of a redirection of production to a third party pursuant to this Section, then Flextronics will cooperate related thereto in accordance with Section 11.4.
Delays in Shipment. MSL shall notify IBM immediately of any anticipated late deliveries and any impending plant or facility shut downs for any reasons. If MSL fails to ship Product to the Delivery Point on schedule for any reason other than Force Majeure or delays caused substantially by IBM, MSL shall ship Product to the Delivery Point by air or in the most expeditious manner possible. After MSL delivers Product to the Delivery Point, MSL will ship Product to the designation stated on the IBM Customer Order by air or in the most expeditious manner possible. [*]
Delays in Shipment. Flextronics will promptly notify Customer in writing of any anticipated delay in meeting the Product delivery dates specified in any accepted Purchase Order stating the reasons for the delay and the new delivery date. In the event of such a delay, Flextronics will promptly notify Customer and provide a recovery plan acceptable to Customer within [*] calendar days. Should Flextronics not fulfill such recovery plan at no fault of Customer and not due to a Force Majeure Event, then at Fitbit’s option it may: (i) take delivery of the Products and [*]; or (ii) have the Products that are the subject of the delay [*] any open purchase orders Flextronics has with any Suppliers related to the purchase of Materials. If Customer elects option (ii), then Flextronics shall [*]; provided however, if Flextronics notifies Customer prior to the [*] then the parties shall [*]. Further, in the event [*] pursuant to this Section, then Flextronics will cooperate related thereto in accordance with Section 11.4.
Delays in Shipment. In the event of any condition beyond the control of COMPANY, including but not limited to, extraordinary traffic conditions, states of belligerency, and inability to obtain any governmental permissions, delays the shipment of any Products ordered under this Agreement, COMPANY reserves the right to defer such shipment until such condition is removed. If AGENT does not cancel such deferred order, COMPANY may charge quarterly interest on the purchase price at the rate according to the COMPANY's policy then prevailing. In the event that such a delay shall extend beyond a reasonable period, as determined by COMPANY, AGENT shall cancel such deferred order upon written notice from COMPANY of not less than thirty (30) days.