DELIVERY AND COMPLETION DATES Sample Clauses

DELIVERY AND COMPLETION DATES. 9.1 The dates for delivery of the Goods and the dates for carrying out the Services are approximate only and, unless otherwise expressly agreed by the Supplier in accordance with these conditions, time is not of the essence for such delivery or performance. Without prejudice to condition 8.4, the Supplier will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform. The Supplier shall not be liable for any delay in delivery of the Goods or the Services that is caused by a Force Majeure Event or the Buyer’s failure to provide the Supplier with adequate delivery instructions or any other instructions that are relevant to the supply of the Goods or the Services. 9.2 No delay shall entitle the Buyer to reject such delivery or performance nor any further instalment of the Goods or part of the Services, as the case may be in delivery of the Goods or any instalment thereof or in the performance of the Services or any part thereof or to repudiate the Contract or any other orders placed by the Buyer or contracts between the Supplier and the Buyer.
AutoNDA by SimpleDocs
DELIVERY AND COMPLETION DATES. 5.1 The University will commence work under this Agreement by the Commencement Date shown in this Agreement and will complete the work in accordance with the terms and schedules of this Agreement, by the Completion Date. 5.1.1 The Recipient may request the University to undertake work in addition to the work described in Schedule One and the University, in its sole discretion, may agree to undertake such additional work on the same terms as set out in this Agreement save that the charge for carrying out work not described in the Schedule shall be the subject of negotiation. 5.2 The University shall obey reasonable lawful directions of the Recipient relating to its performance of the Services. 5.3 The University shall keep records of all things done in relation to the provision of the Services and shall provide the Recipient with such reports of its work on the Services at such intervals as the Recipient may from time to time reasonably require.
DELIVERY AND COMPLETION DATES. 4. 1. Where Goods are to be supplied from stock, such supply is subject to availability of stock at the date of delivery. 4. 2. The dates or forecasts for delivery of the Goods or the dates for the carrying out of the Services are approximate only and unless where otherwise expressly stated time shall not of the essence for delivery. 4. 3. The Company will not be liable in any circumstances for the consequences of any delay in delivery or failure to deliver if the duration of the delay is not substantial or if the delay or failure is due to an Event of Force Majeure. 4. 4. No delay or defect in any one or more instalments shall entitle the Customer to reject any delivery of or any further instalment or part of the Order or any other order from the Customer remaining deliverable or to repudiate the Contract or the Order. 4. 5. All Goods are sold “ex worksunless otherwise stated. If at the Customer’s request the Company arranges or undertakes the carriage, insurance and any other transport costs beyond the point of delivery such costs shall be for the Customer’s account and shall not affect the provisions of the Contract as to the passing of risk in the Goods. Where the Contract provides for carriage and unloading of the Goods at a named address in the United Kingdom delivery shall be deemed to take place on completion of unloading. 4. 6. Delivery shall be taken by the buyer within the period if any named in the quotation or order and in any event within three months of the date of the first scheduled delivery. If the Buyer does not accept delivery of the goods when the goods are due and ready for delivery the Company may store the goods at the risk and expense of the Buyer in which event the goods shall be deemed to have been delivered to the buyer. This provision shall be in addition to and not in substitution for any other payment or damages for which the buyer may become liable in respect of his failure to take delivery of the goods. 4. 7. Each delivery or instalment of goods shall be deemed to be sold under a separate contract. The Company reserves the right to deliver and charge for up to ten per cent (10%) more or less than the quantity of special goods ordered. For the purposes of these conditions “special goods” shall mean goods manufactured in accordance with the requirements of the buyer and for which the Company does not have more than three customers in total for similar quantities 4. 8. The risk of loss of deterioration of or damage to the go...
DELIVERY AND COMPLETION DATES. 11.1. The commencement of works by Area Cubed shall be approximately 6-8 weeks from Acceptance of an order unless otherwise agreed at the time an order is accepted by Us. Any suspension of works may reinitiate the lead times for works. 11.2. Area Cubed reserves the right to phase works over a period of time. The Client agrees that any schedule of works shall be flexible as reasonably acceptable. 11.3. Area Cubed undertakes to use reasonable endeavours to meet any dates and deadlines agreed with the Client. However, unless expressly agreed otherwise in writing, such dates shall constitute only statements of expectation and shall not be binding. 11.4. Area Cubed shall not be liable in any circumstances for the consequences of any delay or failure to deliver the Goods and Services on a particular date or time in the event of inclement weather or other cause beyond our reasonable control. 11.5. If Area Cubed, having used its reasonable endeavours fails to deliver or supply Goods and Services by such date or dates whether or not binding, such failure shall not constitute a breach of Agreement. The Client shall not be entitled to treat the Agreement as repudiated or to rescind it in whole or in part or claim compensation for such failure or for any consequential loss or damage resulting therefrom. 11.6. If works are suspended at the request of the Client or delayed through default of the Client for a period of 30 days or more, the Company shall be entitled to payment for the Services already performed and any Goods supplied or ordered by the Client. 11.7. Instructions to accelerate any works may be subject to Quotations or retrospective Quotations. Any instruction by the main contractor or Client to accelerate works shall be deemed to be an acceptance of such Quotation.
DELIVERY AND COMPLETION DATES a. Push Logic Ltd undertakes to use its reasonable endeavours to provide completed web design services to the customer within the time frame stipulated in the Development Agreement, or if no time frame is specified, within a reasonable period from the date on which Push Logic Ltd receives a signed Agreement from the customer. b. The dates and timeframes for carrying out the services and delivery of any resultant website are approximate only. The customer hereby acknowledges and agrees that time is not of the essence for delivery or performance. c. Push Logic Ltd will not be liable in any circumstances for the consequences of any delay in delivery or performance or failure to deliver or perform save where the same is a result of the gross negligence of Push Logic Ltd.

Related to DELIVERY AND COMPLETION DATES

  • Delivery Dates If the due date of any notice, certificate or report required to be delivered by the Manager hereunder falls on a day that is not a Business Day, the due date for such notice, certificate or report shall be automatically extended to the next succeeding day that is a Business Day.

  • TIME OF COMPLETION This project’s start date is scheduled for June 15, 2015 and completion date is July 31, 2015. The Contractor agrees to proceed with the work expeditiously without any delay or cessation, except such as may reasonably be beyond his control, and to employ a force of workmen sufficient so to perform the work covered by this Contract in such manner as to expedite the work of such other Contractors as may be engaged upon the work, as further provided in the Instructions to Bidders, to the end that the work to be performed by the Contractor shall be fully completed on or before the 31st day of July, 2015, subject to such adjustment of said date as may be made in accordance with this Contract. It is specifically agreed that the Contractor shall be bounden for damages, as hereinafter provided, for each and every day's delay which may be due or traceable to the Contract. In case the Contractor shall fail to perform fully the Contract within the agreed time limit, he shall pay to the City of Milwaukee, as liquidated damages for such default, the sum of $250.00 per day for each and every day's delay in completing the performance thereof after such time limit.

  • Delivery and Control (i) With respect to any Investment Related Property consisting of Securities Accounts or Securities Entitlements, it shall cause the securities intermediary maintaining such Securities Account or Securities Entitlement to enter into an agreement substantially in the form of Exhibit C hereto pursuant to which it shall agree to comply with the Collateral Agent’s “entitlement orders” without further consent by such Grantor. With respect to any Investment Related Property that is a “Deposit Account,” it shall cause the depositary institution maintaining such account to enter into an agreement substantially in the form of Exhibit D hereto, pursuant to which the Collateral Agent shall have both sole dominion and control over such Deposit Account (within the meaning of the common law) and “control” (within the meaning of Section 9-104 of the UCC) over such Deposit Account. Each Grantor shall have entered into such control agreement or agreements with respect to: (i) any Securities Accounts, Securities Entitlements or Deposit Accounts that exist on the Credit Date, as of or prior to the Credit Date and (ii) any Securities Accounts, Securities Entitlements or Deposit Accounts that are created or acquired after the Credit Date, as of or prior to the deposit or transfer of any such Securities Entitlements or funds, whether constituting moneys or investments, into such Securities Accounts or Deposit Accounts. In addition to the foregoing, if any issuer of any Investment Related Property is located in a jurisdiction outside of the United States, each Grantor shall take such additional actions, including, without limitation, causing the issuer to register the pledge on its books and records or making such filings or recordings, in each case as may be necessary or advisable, under the laws of such issuer’s jurisdiction to insure the validity, perfection and priority of the security interest of the Collateral Agent. Upon the occurrence of an Event of Default, the Collateral Agent shall have the right, without notice to any Grantor, to transfer all or any portion of the Investment Related Property to its name or the name of its nominee or agent. In addition, the Collateral Agent shall have the right at any time, without notice to any Grantor, to exchange any certificates or instruments representing any Investment Related Property for certificates or instruments of smaller or larger denominations.

  • Project Completion Date It is agreed between the Parties that the Project Completion Date is <END DATE, YEAR>. If the Project is not completed by such date then, subject to an amendment agreed to between the Parties, Alberta Innovates may elect to terminate this Investment Agreement. In such event, Alberta Innovates will notify the Applicant of its decision to terminate as soon as reasonably practical and shall advise the Applicant of the effective date of termination. Alberta Innovates will have no liability or obligation to reimburse the Applicant for any Project Costs incurred after the effective date of termination and may require the Applicant to return any portions of the Investment which were spent on Ineligible Expenses. Additionally, any portion of the Investment not used and accounted for in accordance with this Agreement as of the Project Completion Date or earlier termination is repayable by the Applicant to AI at AI’s request.

  • Schedule and Completion The Pre-commencement Phase Services to be performed under this Contract shall commence upon the Effective Date of the Contract and be completed within 60 days thereafter. Activities on the Site shall commence on the date specified in the Proceed Order and shall be materially complete in accordance with established Milestones, and not later than the Material Completion and Occupancy Date.

  • Date of Completion The Developer must ensure that the Developer’s Works reach Completion on or before the date or milestone referred to in clause 1 of Schedule 3 of this document.

  • Commencement and Completion The Work shall commence on _______________, 20__ and shall be complete in accordance with this Agreement without delay on ______________, 20__. The term “day”, used throughout this Agreement, refers to calendar days. Contractor shall not be entitled to any additional compensation for any Permitted Delays. If this Agreement is not signed and returned to the Owner before any work commences, this Agreement will be considered as accepted as presented to the Contractor.

  • Delivery and Risk 4.1 Time of delivery shall not be of the essence in any agreement between the Parties. 4.2 WHILST EVERY EFFORT WILL BE MADE TO DISPATCH AND DELIVER THE GOODS AS ADVISED, THE SELLER DOES NOT GUARANTEE DISPATCH AND/OR DELIVERY ON ANY SPECIFIC DATE AND SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY THE PURCHASER AND/OR ANY THIRD PARTY AS A RESULT OF ANY DELAYS IN THE DELIVERY OF THE GOODS THAT MAY OCCUR, SAVE TO THE EXTENT THAT THE SELLER IS FOUND TO BE LIABLE FOR ANY LOSSES IN TERMS OF SECTION 47 OF THE CONSUMER PROTECTION ACT 68 OF 2008 AS AMENDED. 4.3 The Purchaser shall not be entitled to cancel any order as a result of any delay in delivery of the Goods. 4.4 Should the Seller be prevented from the performance of any of its obligations because of force majeure (which includes but is not limited to an event that prevents or delays the Seller from being able to perform an obligation, wars, insurrections, strikes, pandemics, acts of God, natural disasters, governmental actions or controls, government restrictions and/or water or energy supply restrictions), or any cause whatsoever beyond the control of the Seller, the Seller shall be entitled at its option to cancel the agreement with the Purchaser or to suspend performance of its obligations there under and shall not be liable whatsoever for any loss or damage, consequential or otherwise, resulting from such inability to perform its obligations, cancellation, or suspension. 4.5 Unless otherwise agreed in writing, delivery and passing of the risk in the Goods shall be deemed to have taken place when the Goods are offloaded at the Purchaser’s premises. 4.6 The Seller reserves the right to refuse an order within 10 (ten) business of such order being received by the Seller where costs have escalated due to any contingencies or circumstances not within the Seller’s control. 4.7 The Seller’s deliveries shall be effected “ex works” for the account and at the risk of the Purchaser. Transport insurance shall be arranged at the Purchaser’s written request and for its account. The Seller shall have the right to demand a prepayment on the insurance premium by the Purchaser. In the absence of specific instructions by the Purchaser, the Seller shall determine the shipping route and carrier. The transport packaging shall be product-related and consider the statutory regulations as may be made from time to time. The Seller shall bear the packing charges, which shall be determined at the Seller’s discretion. The packaging shall be taken back at the Purchaser’s request and expense.

  • TIME OF COMMENCEMENT AND COMPLETION 2.1 The Contractor shall commence the Work upon the date established in the Notice to Proceed. 2.2 The Contractor shall achieve Final Completion, as defined in Section 105.01, Contract Time, Notice of Contract Execution and Notice to Proceed of the Loudoun County Revisions to the 0000 XXXX Xxxx & Bridge Specifications, Division I - General Provisions, within one hundred and eighty (180) calendar days from the date specified in the Notice to Proceed. This time period shall be designated the Contract Time. The Notice to proceed will be issued approximately than thirty (30) days after the execution of this agreement. The Contractor agrees that the time for completion of the Work as described in the Contract Documents shall govern unless specifically amended in writing by the County, and that no claims for early completion are allowed to be presented by the Contractor to the County. 2.3 The County specifies that time is of the essence under this Contract. Time being of the essence, it is essential to the County that Contract work will be completed within the Contract Time. The County and the Contractor agree that damages for failure to complete the work within the Contract Time are not susceptible to exact determination but that $600 per day is in proportion to the actual loss that the County would suffer from such delay. Therefore, the Contractor will pay the County on demand $600 per day for each and every day beyond the one hundred and eighty (180) calendar days, or modified date of completion, that the County determines that work is not complete, as damages caused by such delay and not as a penalty. The County shall be entitled to offset liquidated damages against any sum owed by the County to the Contractor under this Contract. 2.4 The amount of liquidated damages set forth in Articles 2.3 above shall be assessed cumulatively. This provision for liquidated damages does not bar County's right to enforce other rights and remedies against Contractor, which are otherwise legally enforceable, including but not limited to, specific performance or injunctive relief. 2.5 The Contractor hereby waives any defense as to the validity of any liquidated damages stated in this Agreement as they may appear on grounds that such liquidated damages are void as penalties or are not reasonably related to actual damages.

  • Commencement and Completion of Work The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!