Delivery and Default. 2.1 Prior to delivery to the Buyer, the Seller shall check and ensure that all Goods are properly packaged, packed, marked, labelled and stored in accordance with the specifications or recommendations of the manufacturer.
Delivery and Default. Time is of the essence in the performance of this order. All goods must be shipped at the most advantageous rates unless otherwise authorized in writing by Buyer; any extra expense in effecting delivery of goods not so shipped will be charged to Seller. Delivery shall not be deemed to be complete until goods or services have actually been accepted by Buyer. Delivery of goods or services must be made within the time specified in this order or applicable order. In the event Seller for any reason anticipates difficulty in complying with the required delivery date, or in meeting any of the other requirements of this order, Seller shall promptly notify Buyer in writing. If Seller does not comply with Buyer’s delivery schedule, Buyer may require delivery by fastest way and charges resulting from the premium transportation must be fully prepaid and absorbed by Seller. Buyer may by written notice of default to Seller terminate the whole or any part of this order (i) if Seller fails to perform within the time specified herein or any extension thereof; or (ii) if Seller fails to perform any of the provisions of this order. In the event of termination pursuant to this section, Buyer shall have the right, in addition to any other rights and remedies conferred by law or under this order, to procure, upon such terms and in such manner as Buyer may deem appropriate, goods or services similar to those terminated, and Seller shall be liable to Buyer for any excess costs for such similar goods or services. Unless otherwise agreed in writing, Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet the agreed upon delivery schedule. It is Seller's responsibility to comply with this schedule, but not to anticipate Buyer's requirements.
Delivery and Default. Time is of the essence in the performance of this Agreement. Delivery shall not be deemed to be complete until products or services have actually been accepted by Buyer. Delivery of products or services must be made within the time specified in this Agreement or applicable order. If any delivery is threat- ened to be delayed, Seller shall promptly give notice to Buyer’s purchasing depart- ment of such delay or threatened delay. On default by Seller, Buyer may, by written notice, terminate the whole or any part of this Agreement or any affected order. In the event of termination pursuant to this section, Buyer shall have the right, in addition to any other rights and remedies conferred by law or under this Agreement, to procure, upon such terms and in such manner as Buyer may deem appropriate, products or services similar to those terminated, and Seller shall be liable to Buyer for any excess costs for such similar products or services. Buyer may refuse delivery of products made more than one week in advance of its delivery schedule specified herein and may return such products to Seller at Seller’s expense.
Delivery and Default. Time is of the essence in the performance of this Agreement. Delivery shall not be deemed to be complete until prod- ucts or services have actually been accepted by Buyer. Delivery of products or services must be made within the time specified in this Agreement or applicable order. If any delivery is threatened to be delayed, Seller shall promptly give notice to Buyer’s purchasing department of such delay or threatened delay. On default by Seller, Buyer may, by written notice, terminate the whole or any part of this Agreement or any affected order. In the event of termination pursuant to this sec- tion, Buyer shall have the right, in addition to any other rights and remedies conferred by law or under this Agreement, to procure, upon such terms and in such manner as Buyer may deem appropriate, products or services similar to those terminated, and Seller shall be liable to Buyer for any excess costs for such similar products or ser- vices. Buyer may refuse delivery of products made more than one week in advance of its delivery schedule specified herein and may return such products to Seller at Seller’s expense.
