Delivery and Delay. 6.1 Any information provided by PTV with regard to delivery times shall be non-binding. Binding dates of delivery shall require written approval by PTV. Partial deliveries shall be permissible if the Client is able to make reasonable use of such.
6.2 Periods of delivery shall be extended by the period in which PTV is prevented, without itself being responsible, from providing the contractually agreed services particularly, but not limited to, through labor disputes, acts of God or any other unusual and unforeseeable events (collectively “Force Majeure Event”) as well as an appropriate period for restarting after the end of the disturbance. If a Force Majeure Event lasts for more than three (3) months, each Contracting Party shall have the right to rescind from or, if the respective contract constitutes continuing obligations, terminate the contract. In such case, any prepaid remuneration shall be repaid in accordance with the statutory provisions.
6.3 Periods of delivery shall be extended by the period PTV is forced to wait for information or cooperation on the part of the Client. In the event of an extension, an appropriate period for restarting after the end of the disturbance for PTV will be considered.
6.4 Any reminders or time limits set by the Client shall be made in writing in order to become effective. In the event that PTV delays a Delivery, the Client shall have the right to terminate or withdraw from the Agreement only after a written respite has elapsed without success, which (except in particularly urgent cases) must amount to at least twelve (12) working days. No respite has to be granted if the Client cannot be reasonably expected to do so. Sec. 10 of these Terms of Use shall apply to any payment of damages in this context.
Delivery and Delay. 4.1 Unless otherwise specified in the Purchase Order, Goods must be delivered DDP (adequately packaged and protected to ensure safe delivery) to the delivery point and by the delivery date(s) specified in the Purchase Order.
4.2 The Supplier will be required to comply with all occupational health and safety requirements of the Customer (including completion of site induction processes) prior to it, its agents or contractors delivering the Goods in accordance with this Agreement.
4.3 The Supplier must take all reasonable steps to minimise or prevent any delay in the performance of the Services or the delivery of the Goods. The Customer may grant an extension of time to the nominated delivery date provided or in the performance of the Services provided:
(a) the delay is caused by any breach or act of prevention by the Customer, (without fault of the Supplier); and
(b) the Supplier has notified the Customer in writing within seven (7) days of the delay occurring (or such other time as may be specified in the Purchase Order) of its claim for an extension of time. The Customer shall not be liable for any extension of time claim that is not lodged in writing with the Customer within seven (7) days of the delay occurring.
4.4 The Customer may, in its absolute discretion (and with no obligation to do so) extend the time for performance or delivery for any other reason at any time.
4.5 If the Supplier fails to perform the services in a timely fashion or fails to deliver the Goods by the specified delivery date(s) (except where the Supplier is granted an extension of time in accordance with this Agreement), the Customer may:
(a) terminate the Purchase Order either in whole or in part for default, in accordance with the provisions of clause 6.1; or
(b) claim from the Supplier, liquidated damages and the Supplier will be immediately liable to pay the Customer liquidated damages at the applicable rate specified in the Purchase Order (and if no such rate is specified 0.5% of the Purchase Order price per date for each date of delay beyond the stated delivery date detailed within the Purchase Order). The Supplier will not be liable for liquidated damages to the extent that the delay is due to a breach of this Agreement of a Purchase Order by the Customer or any negligent act or omission of the Customer; and
(c) the parties agree (which is acknowledged by the acceptance by the Supplier of the Purchase Order) that the amount of liquidated damages referred to in this Agreeme...
Delivery and Delay. Delivery of the goods shall be F.O.B. Seller’s factory, but risk of loss of the goods shall pass to Buyer upon identification of the goods to the contract between Buyer and Seller. Shipping dates are estimates only, and time is not of the essence. Seller may ship all of the goods at one time or in portions from time to time. Seller shall have the right, but not the obligation, to determine the method of shipment and routing. Seller shall not be liable for damages resulting from any delay or failure to deliver goods caused in whole or in part by circumstances beyond Seller’s control (including, but not limited to, casualty, labor trouble, accidents or unavailability of supplies or transportation), and the time for delivery shall be extended for the period of the delay. If Buyer causes or requests delay in the manufacture or shipment of goods, Buyer shall pay Seller for all costs, losses, and damages resulting from the delay. Seller shall not be required to ship the goods unless and until Buyer shall have paid in full the purchase price of all tooling that Seller shall have ordered for use in producing goods.
Delivery and Delay. All quoted delivery dates are estimates only. Seller reserves the right to make delivery in installments; and all such installments, when separately invoiced, shall be paid for when due per Seller’s invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining deliveries.
Delivery and Delay. 4.1 Unless otherwise agreed, and subject to Article 8, the delivery term shall be DDP (Delivered Duty Paid) Incoterms 2010, and the point in time and place at which delivery occurs (“Delivery”) shall be determined accordingly.
4.2 Siemens Energy shall be notified immediately if Supplier becomes aware of a potential delay to delivery of the Supply or parts thereof and/or to the Agreement schedule (“Agreement Schedule”). Such notice shall state the reason for the delay and proposed measures to mitigate such delay. If Supplier fails to inform Siemens Energy of a potential delay, Supplier shall be liable for any losses Siemens Energy may suffer due to Supplier’s failure to notify, subject to the limitations in Article 19.
4.3 Supplier shall undertake all reasonable measures (e.g. shift work, overtime) in order to avoid delays. The costs for such measures shall be borne by Supplier.
4.4 If Supplier’s delivery of the Supply is delayed in relation to the Agreement Schedule, Siemens Energy shall be entitled to claim liquidated damages in the amount of 0,2 % of the total sum payable by Siemens Energy under the Agreement as adjusted in accordance with the provisions of Article 10 (“Agreement Price”) per commenced calendar day of delay, said liquidated damages not to exceed 10% of the Agreement Price.
4.5 If Supplier’s delivery of documents relating to the Supply is delayed in relation to the dates specified in the supplier document list (where applicable), Siemens Energy shall be entitled to claim liquidated damages in the amount of 0,1% of the Agreement Price per commenced calendar day of delay, said liquidated damages not to exceed 5% of the Agreement Price.
4.6 Siemens Energy may withhold any liquidated damages to which it becomes entitled from any payments due to Supplier under the Agreement. Upon receipt of notice from Siemens Energy, Supplier shall issue Siemens Energy with a credit note for the amount of liquidated damages withheld. The payment of liquidated damages by Supplier shall not affect any of Siemens Energy’s other contractual or legal rights arising from Supplier’s late Delivery or performance, and shall not release Supplier from its other contractual or legal obligations arising under the Agreement.
4.7 In the event that the Supply or part thereof is delayed or if it is evident that the Supply or part thereof is likely to be delayed in relation to the Delivery date(s) in the Agreement, Siemens Energy may require that the Supply or part thereof be d...
Delivery and Delay. 3.1. Delivery of goods shall take place as stated in VB's offer or order confirmation according to INCOTERMS 2020.
3.2. The date and/or time of delivery are stipulated in the Contract.
3.3. The time and date of delivery indicated by VB in a Contract always apply by approximation and can never be seen as deadlines. VB will never be in default due to merely exceeding the stipulated time and date of delivery.
3.4. Exceeding a time and date of delivery does not entitle the Customer to any kind of com- pensation, termination of the Contract or any other action vis-à-vis VB. This will only be different in the event of intent or gross negligence of VB or its managerial staff, or if the delivery term is exceeded by more than six (6) weeks. In that case the Customer is entitled to dissolve the agreement, however without any claim to any compensation.
3.5. In the event of any delayed deliveries, VB shall not be liable whatsoever to compensate the Customer for any operating losses, loss of profit, loss of orders, loss of income, loss of public subsidies, loss of goodwill or for any special, consequential or indirect losses or damages resulting from such delay in delivery.
Delivery and Delay. All quoted delivery dates are estimates only. Seller reserves the right to make delivery in installments; and all such installments, when separately invoiced, shall be paid for when due per Seller’s invoice, without regard to subsequent deliveries. Delay in delivery of any installment shall not relieve Buyer of its obligation to accept remaining deliveries. Claims for shortages or other errors occurring before delivery of the Products to the carrier may be made in writing to Seller within two (2) weeks after receipt of shipment; and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Xxxxx, provided that such claims are subject to Buyer’s compliance with Seller’s RMA policy described in Section 4.
Delivery and Delay. Time is of the essence. Supplier shall not make delivery earlier than date (s) shown without written consent of Buyer. If goods are shipped in advance of scheduled delivery date(s), Buyer may return them or store them at Supplier's expense. Acceptance by Buyer of late deliveries shall not relieve Supplier of the obligation to make future deliveries on schedule. Buyer shall not be liable for delays in performance of any of its obligations hereunder resulting from causes beyond its reasonable control, including but not limited to acts of God, workforce disputes or delays imposed by Buyer's customers. Whenever an actual or potential workforce dispute will delay or threaten to delay performance, Supplier shall immediately notify Buyer in writing.
Delivery and Delay. Delivery of Goods to a carrier at Seller's plant or other loading point will constitute delivery to Purchaser. All risks of loss and/or damage in transit are borne by Purchaser. Seller will drop ship Goods only on a case-by-case basis, in Seller’s discretion. Seller reserves the right to make partial deliveries, and unless otherwise specifically agreed, all such partial deliveries will be separately invoiced, and such invoices will be paid by Purchaser when due, without regard to the timing or schedule of subsequent deliveries. Delay in delivery of any scheduled shipment will not relieve Purchaser of its obligations to accept remaining deliveries. Seller will not be liable for any loss or damage as a result of any delay due to any cause beyond Seller's direct reasonable control, including, without limitation, acts of God, acts of Purchaser, fire, theft, accidents, slowdowns, strikes, riots, embargoes, governmental acts, regulations or requests, delays of common carriers, inability to obtain necessary labor, materials or manufacturing facilities, or other similar causes. In case of any such delay, delivery dates will be extended by the amount of the delay. In addition, Seller shall have the right, for any reason, to delay scheduled delivery dates upon thirty (30) days prior notice to Purchaser and to cancel any order upon ninety (90) days prior notice. In no event will Seller's liability for any other delay or non-delivery caused by any reason exceed the sales price to Purchaser of the delayed or non-delivered Goods.
Delivery and Delay. Kendrion (Mishawaka) will deliver Goods to Customer FOB at Kendrion (Mishawaka)’s place of business within a variance of 10 percent. Delivery dates specified in a quotation or order acknowledgment are estimates only and time is not of the essence. Customer assumes the risk of loss of Goods once delivered to the carrier (the “Shipping Date”) or ten (10) days after Kendrion (Mishawaka) notifies Customer that the Goods are ready for pick-up. Kendrion (Mishawaka) may deliver all of the Goods at one time or in portions from time to time. All deliveries are subject to modifications or cancellation due to events beyond Kendrion (Mishawaka)’s reasonable control, including without limitation acts of God, compliance with any law, order, rule or regulation of any governmental or other authority, disruption of suppliers, delay in transportation, labor disputes, strikes, failure of equipment or systems, or shortages of any labor or materials or services (“Force Majeure Events”). Kendrion (Mishawaka) will not be liable for any loss of profit or property, or for any direct, indirect, special, incidental, consequential or other damages caused by any delay or failure to deliver. If Customer causes or requests a delay in the manufacture or delivery of any Goods, Customer will reimburse Kendrion (Mishawaka) for all resulting damages, including without limitation reasonable storage expenses. Customer shall acquire and maintain sufficient property and casualty insurance to cover any loss or risk of loss to any Goods.
