Delivery and Cancellation Sample Clauses

Delivery and Cancellation. Vendor will deliver the Products or commence provision of Services on the applicable date set forth in a Purchase Order, or, if no date is specified, within ten (10) days of the date of the Purchase Order. Vendor will promptly notify Accenture of any potential delays longer than five (5) business days after the scheduled delivery date. Prior to delivery or performance, or if Vendor fails to make complete delivery as provided herein, Accenture reserves the right to cancel the Purchase Order, in whole or in part. All software Products will be delivered electronically to Client.
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Delivery and Cancellation. Requests for deliveries of Product must be made at least 24 hours in advance. Supplier cannot guarantee delivery times, pour rates, slump or Product, vehicle, or equipment availability. Under no circumstances will Supplier be liable for any back charges or other charges due to alleged delivery delays. Supplier reserves the right to supply Product from any plant of its choosing and to determine the delivery route. Fees may apply to order cancellations. Customer shall provide reasonable and safe access to the point of sale, and facilities to allow Supplier or its agents to stage trucks prior to unloading and to clean delivery vehicles after Product delivery. If Customer or its agent does not sign the delivery ticket for the Product or otherwise receive the Product in the manner agreed to by the parties, the Product will, at Customer’s expense, be returned to Supplier or, at Supplier’s option, Customer’s failure or refusal to do so shall constitute its agreement with all matters set forth in the relevant delivery ticket furnished by Supplier. If Supplier, in its sole discretion, determines that such access or facilities are not reasonable or safe, then it may remove its equipment or stop deliveries until such access or facilities are provided, at Customer’s expense. Supplier will not be liable for any cold joints. All deliveries of Product shall be to the curbside nearest the delivery address, and Supplier shall have no liability for any damage or injury caused during deliveries that are beyond the curbside.
Delivery and Cancellation. The terms, choice of carrier and routing of shipment shall be as specified on the face of this Purchase Order or as Avanade otherwise directs. If not set forth on the Purchase Order or Avanade does not so direct, then Vendor shall select the carrier and routing so as to meet the delivery dates set forth in the Purchase Order. Avanade may revise shipping instructions as to any unshipped Products. Vendor will deliver the Products or provide Services on the applicable date set forth in the Purchase Order, or, if no date is specified, within ten (10) calendar days of the date of the Purchase Order. Time is of the essence under this Agreement. Vendor will notify Avanade promptly of potential shortages or delays of more than three (3) business days, at which time Avanade reserves the right to cancel such Products or Services without penalty. During the performance of the Purchase Order, Vendor shall not make any changes in the design, material, process, procedures or practices affecting Products to be furnished or Services to be performed to be furnished by Vendor hereunder without the prior written consent of Avanade. If Vendor fails to make complete delivery as provided herein, Avanade reserves the right to cancel the Purchase Order, in whole or in part, and to charge Vendor for any additional costs or expenses incurred in the replacement of such Products or Services. Avanade may issue an alteration to the Purchase Order at any time (to the extent delivery or performance has not occurred), in whole or in part, effective upon Vendor’s receipt of written notice from Avanade, without penalty or charge. If any alterations materially affect the cost of furnishing the Products or Services, the price of the Products or Services, or the delivery schedule of the Products or Services, an equitable adjustment mutually agreeable to the parties shall be made by Avanade. Vendor shall present claims for adjustment in writing within five
Delivery and Cancellation. 6.1 Delivery shall be deemed completed by the Seller to the Buyer at the permanent intake connection of Buyer’s Vessel, whether product is delivered ex-wharf or by fuel barge. At either location, however, pumping shall be performed under the direction of Buyer or Buyer’s Vessel personnel. If full payment of any amount due to the Seller has not been made by the Buyer, the Seller has the right to attach or assert a maritime lien or claim against the vessel and/or sister ship and/or any other asset of the Buyer (or the owner of the vessel) whereby situated in the world without prior notice. 6.2 Buyer shall be responsible for connection of the loading hose to the intake of the Vessel from the Delivery vessel and shall monitor and direct safe receipt of the Bunker by the Vessel. 6.3 If buyer cancels or fails to take, in whole or in part, the delivery of Marine Fuels as specified in the Nomination and/or Confirmation Agreement, within the agreed delivery period for whatsoever reason other than a Force Majeure event, Buyer shall pay Seller a cancellation fee equal to the greater of (a) US $ 5 (Five United State Dollars) per metric tonnes and/or amount equivalent to currency of transaction mentioned in Nomination and/or Confirmation Agreement, as liquidated damages, and (b) all losses and liabilities incurred by Sellers as a result of such cancellation or failure to take full delivery, including without limitation (i) the difference in price as per the Confirmation and Seller’s reasonable estimate of market price for the delivery port as per the customary market marker on the date of such cancellation or failure to take full delivery, (ii) losses, costs and damages associated with terminating, liquidating, obtaining or re-establishing any hedging arrangement or related trading position, (iii) costs to sell, (iv) storage (v) pump back fees (vi) port dues (v) and/or any other expenses associated in relation with cancellation.
Delivery and Cancellation. Vendor will deliver the Products or commence provision of Services on the applicable date set forth in this Purchase Order, or, if no date is specified, within 10 days of the date of this Purchase Order. Vendor will notify Accenture promptly of potential shortages or delays of more than five business days after the scheduled delivery date, at which time Accenture reserves the right to cancel such Products or Services without charge. If Vendor fails to make complete delivery as provided herein, Accenture reserves the right to cancel this Purchase Order, in whole or in part, and to charge Vendor for any additional costs or expenses incurred in the replacement of such Products or Services. Effective upon Vendor’s receipt of written notice from Accenture, Accenture may, without charge, issue a cancellation or an alteration to this Purchase Order, in whole or in part, at any time (to the extent delivery or performance has not occurred). Unless otherwise agreed to in writing by the parties, Vendor agrees to provide electronic delivery of software Products.
Delivery and Cancellation. On the Conversion Date pursuant to either Section 3.01 or Section 3.02 above, the Holder hereby agrees to deliver the original of this Note to the Issuer for cancellation (or a notice to the effect that the original Note has been lost, stolen or destroyed and an agreement acceptable to the Holder whereby the Holder agrees to indemnify the Issuer from any loss incurred by it in connection with this Note) and, in the case of a partial conversion, a reissuance of the replacement Note, dated as of the Conversion Date and in the amount equal to the remaining outstanding Obligations; provided, however, that on the Conversion Date, this Note (or portion thereof) shall be deemed converted and, solely to the extent of and with respect to the Obligations so converted, of no further force and effect, whether or not it is delivered for cancellation and reissuance, as applicable, as set forth in this sentence.
Delivery and Cancellation. 6.1 Unless indicated otherwise by Seller on its quotation or order confirmation, delivery will be FCA the named Molex manufacturing plant or Molex distribution center per Incoterms 2010 or, if any, the most recent version of the Incoterms. Buyer will be obliged to take delivery of the Products upon Seller’s request. Seller shall be entitled to deliver in installments. 6.2 Any delivery times stated by Seller (including but not limited to any indicated Molex planned delivery date (“MPD”) and lead times) are estimates only and may not be considered to be firm deadlines, unless provisions to the contrary have been explicitly agreed upon in writing between the parties. In the event that a delivery time is not met, Seller must be declared to be in default in writing, in which connection Seller will be granted a reasonable term of at least fourteen (14) working days as of the date of the receipt of notification to fulfill its obligations. In the event that such extended term is exceeded, Buyer will be entitled to dissolve the Contract or part of the Contract only with respect to the Products not delivered. Seller will not be liable to pay damages incurred by Xxxxx in connection with the delayed delivery, unless such damages are the consequence of gross negligence or willful misconduct of Seller's management board or executive management. 6.3 Without prejudice to any of the foregoing, in the event that Buyer seeks to cancel all or any part of its order of Products under any Contract within Seller's estimated delivery time for the Products in question Seller shall in its sole discretion choose to reject or accept the cancellation. 6.4 If Seller accepts the cancellation request, Buyer shall pay a cancellation fee calculated on the following basis More than 35 calendar days 0% 0% (except for the costs of any special materials used in the Products) 14 to 35 calendar days 0% 50% Less than 14 calendar days 100% 100% 6.5 Buyer may reschedule delivery of a Product on no more than three (3) separate occasions provided always that no rescheduled delivery date shall require delivery on a date later than six (6) months after Seller’s initial estimated delivery date. A request to reschedule delivery of a Product to an unspecified future date or a date beyond six
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Delivery and Cancellation. 10.1 Cancellation or other determination or suspension of any order by the Customer for whatever cause and at 10.2 Delivery shall be made on the basis of an agreed programme which shall accommodate a full manufacturing process. Ant variation must be agreed in writing 10.3 If the Customer fails to take delivery of the Equipment or Fails to give the Company adequate delivery 10.3.1 Store the Equipment until actual delivery and charge the Customer for the reasonable costs (including insurance) of storage. 10.3.2 Sell the Equipment at the best price readily obtainable. 10.3.3 Dispose of the Equipment after 30 days of the time stated for delivery and, after setting off the scrap value of the material used to manufacture the equipment at the then current rate, charge the Customer for any shortfall below the price of the equipment due under the contract.
Delivery and Cancellation. 9.1 The Company will make all reasonable efforts to deliver the Goods and/or Services by the agreed delivery date but will not be liable in any way if delivery is not made on this date. 9.2 A Quotation shall only be cancelled or varied with the written agreement of both parties. 9.3 Any agreement to cancel or vary a Quotation pursuant to clause 9.2 shall be subject to the Company being compensated for all work done and materials used, prior to the cancellation or variation. 9.4 Please note that if a job is cancelled with less than 24 hours’ notice, a cancellation fee will apply. The cancellation fee will be a minimum of 4 hours per person. Coolclean will attempt to find alternative work for the work crew if possible, to reduce the amount of this fee. The 24hrs notice period is based on normal business hours. Official notice must be in writing from the client and Coolclean must reply and confirm the cancellation. Reasons for the cancellation must be recorded.
Delivery and Cancellation. Time is of the essence in the performance of this PO. Delivery of Products shall be strictly in accordance with the schedule set forth in this PO, or if not specified herein, as otherwise specified by Buyer, and Seller will report any delivery delays to Buyer immediately. Receipt of such report shall not operate as a waiver of any of Buyer’s rights hereunder. Buyer shall have the right to cancel this PO, in whole or in part, upon written notice at any time prior to shipment of Products hereunder. Any partial cancellation shall not affect Seller’s obligations with respect to the portions of this PO not cancelled. Buyer shall have no liability for cancellation of this PO for standard Products. Any claim for cancellation charges for nonstandard Products shall be submitted to Buyer in writing, accompanied by reasonable supporting documentation, within thirty (30) days after receipt of Buyer’s cancellation notice and shall be subject to Buyer’s reasonable approval and considered liquidated damages. Seller’s claim for such cancellation charges shall be limited to the cost of unique work in process which cannot reasonably be sold to third parties, or which contains proprietary information of Buyer, and the cost of paying reasonable claims of Seller’s vendors for such work, in accordance with Seller’s written agreements with such vendors. In no event shall any such claim for nonstandard Products exceed the total price for Products cancelled under such PO. Upon payment of such a claim, Seller shall promptly deliver to Buyer all associated work in process, which shall be deemed to be the sole property of Buyer. Seller shall comply with Buyer’s policies related to its purchase of goods, including, without limitation, Restricted Materials and Environmental Compliance Requirements RM0042, available at xxxx://xxx.xxxxxxxx-xxxxxx.xxx/en/Supplier_Standards.html and comply with the Supplier Code of Conduct available at xxxxx://xxxxxxxxxxxxxx.xxxxxxxx- xxxxxx.xxx/xxxxxxxxx/00000/0/XX+Xxxxxxxx+Xxxx+xx+Xxxxxx t/053dd17b-4c9b-4b54-8ec2-2340637b13d3
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