DELIVERY AND DELAYS. Delivery dates are approximate and not guaranteed. Company will use commercially reasonable efforts to deliver the Equipment on or before the estimated delivery date, will notify Customer if the estimated delivery dates cannot be honored, and will deliver the Equipment and services as soon as practicable thereafter. In no event will Company be liable for any damages or expenses caused by delays in delivery.
DELIVERY AND DELAYS. Seller shall deliver the equipment, materials or work ordered by Buyer (herein "goods"), in accordance with the delivery schedule and destination stated in the purchase orders. Delay beyond the required schedule shall be excused by Buyer in writing (i) if due to an unforeseeable labor dispute or other force majeure cause beyond Seller's control and without the fault or negligence of Seller and (ii) provided Seller notifies Buyer promptly of the cause of such delay and the date when performance will be resumed by Seller, and Buyer approves in writing an extension of the time to perform. Seller shall furnish and maintain ample and competent labor, supervisors, management and engineers of all classes, as well as ample resources and facilitates both in its shops and at the job-site to meet the schedule specified in the purchase orders. Seller shall begin the work at such time as will ensure its progress and completion as established pursuant to the purchase orders and shall complete same, free of all liens and charges, at the time specified for completion. If, in the opinion of the Buyer, Seller fails to prosecute the work with all necessary means and diligence to ensure its completion within the time specified, Buyer may give Seller written notice to that effect and order Seller at Seller's expense to employ more personnel, have personnel work overtime, extra shifts, Saturdays, Sundays or holidays, and use more machinery, equipment, tools, and other resources upon the work. Seller shall specify to Buyer the additional resources to be employed by Seller and Buyer shall decide whether or not such additional resources will be sufficient in the Buyer's judgment, for the successful prosecution of the work. Should Seller fail to comply with such written demand within ten (10) working days from the date thereof, or within such other time as Buyer may in writing prescribe, Buyer may without prejudice to any other remedy it may have, employ any necessary means to complete the work within the time specified, including, at Buyer's option, declaring Seller to be in default and take action as provided for herein or at law or in equity.
DELIVERY AND DELAYS. Time is of the essence in Supplier’s performance of a Purchase Order. Supplier shall deliver in accordance with the lead time set forth in the Purchase Order. Delivery terms shall be as provided on the face sheets. Title and risk of loss shall pass to Buyer upon receipt of the Products to Buyer’s facility address identified on the face sheet of this Purchase Order. If delivery terms are not provided on the face sheets of this Purchase Order, delivery shall be Delivered Duty Paid (DDP Incoterms (2010)) destination to Buyer’s facility address identified on the face sheets of this Purchase Order. Buyer bases its schedules upon Supplier’s representation that Supplier will deliver the Products to Buyer by the dates specified on the face sheets of this Purchase Order. Buyer may delay delivery of firm Purchase Order without cost provided that Buyer provides Supplier with written notice at least ten (10) days prior to the scheduled delivery date. Xxxxx’s acceptance of delinquent deliveries shall not be deemed a waiver by Buyer of its right to cancel this Purchase Order, or to refuse to accept further deliveries. As soon as Supplier determines that a delivery date cannot be met, Supplier shall immediately inform Xxxxx in writing of the cause for such delay and Supplier’s earliest possible delivery date so that Buyer can determine whether to accept Supplier’s proposed new schedule. Supplier agrees that in the event Products are delinquent to Buyer’s acknowledged Purchase Order, Supplier will grant Buyer first priority for completed Products allocation and shipment from Supplier’s products. The above remedies afforded to Buyer shall not be exclusive and Supplier shall indemnify and hold Buyer harmless from and against any and all damages, losses, demands, costs and expenses arising from claims of third parties due to any breach or default set forth above. Supplier shall comply with any specific shipping instructions issued by Buyer, including assisting Buyer with import documentation and complying with Buyer’s routing guidelines.
DELIVERY AND DELAYS. Unless otherwise specified, delivery will be Freight on Board (FOB) at the Products’ shipment destination, and Buyer assumes all responsibility for risk of loss, or damage to, the Products furnished hereunder upon delivery of the Products to the destination by the common carrier. Products shall be deemed accepted by Buyer upon Xxxxx’s receipt thereof. Sound shall have the right to select the means of transportation. Delivery dates quoted by Sound are approximate and subject to confirmation. Delay in delivery by Sound for any shipment shall not relieve Buyer of its obligation to accept remaining installment deliveries. Buyer must make claims for damage to Products, shortages or other errors in delivery in writing to Sound within 30 days after Xxxxx’s receipt of shipment and failure to give such written notice shall constitute unqualified acceptance and a waiver of all such claims; provided that Xxxxx has first filed a claim for any damage or shortage of the Products with the common carrier as a primary source of relief, and provides evidence of such claim to Sound. Sound shall not be responsible for delays in delivery. If shipping is delayed or interrupted by Buyer directly or indirectly, Buyer shall pay Sound all additional charges resulting there from. Moreover, if as a result of such delay or interruption the Products are not shipped within 5 days after notification has been made to Buyer that it is ready for shipping, Sound may store the Products at Buyer’s risk in a warehouse or upon Sound’s premises, and Buyer shall pay all handling, transportation and storage costs at the prevailing commercial rates upon submission of invoices therefore.
DELIVERY AND DELAYS. Delivery dates shall be interpreted as estimated and in no event shall dates be construed as falling within the meaning of 'time is of the essence'. Company shall not be liable for any loss or delay due to war, riots, fire, flood, strikes, or other labor difficulty, acts of civil or military authority including governmental laws, order, priorities or regulations, acts of the Purchaser, embargo, car shortage, damage or delay in transportation, inability to obtain necessary labor or materials from usual sources, faulty forgings or castings, or other causes beyond the reasonable control of Company. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be adjusted to reflect the actual length of time lost by reason of such delay. The Purchaser's receipt of Product shall constitute a waiver of any claims for delay.
DELIVERY AND DELAYS. (a) ZIRILIO will use its reasonable endeavours to meet the Milestone Date or any other date agreed under this Agreement, an Order Form or an SOW but does not guarantee it will do so.
(b) Without limiting this clause, ZIRILIO will not be responsible for any delays (or costs and losses arising from delays) which occur during the course of the Term and which arise from any non- compliance by the Client with this Agreement, an applicable Order Form or SOW, the late supply or provision of instructions and information by the Client, delays in obtaining access to the Site or any other delays caused by the Client's third party suppliers and contractors.
(c) ZIRILIO will be entitled to extension of time in respect of any Milestone Date or any other date agreed under this Agreement equal to the duration of any delay caused by Force Majeure Event or a cause specified in 21.
(d) If the Order Form specifies any service credits payable for the non-achievement of any service levels, those service credits are the Client's sole and exclusive remedy for the non-achievement of the applicable service levels.
DELIVERY AND DELAYS. The delivery is ex works. For payment, it is possible to deliver by DAP, see incoterms 2010. Any changes to the specifications on receipt of the order, or if the customer is going to provide components for the job himself, or if the customer has selected specific subcontractors, or specific component products, a delay does not give customer any remedies for breach of contract. Delivery within 14 days after the date of the order confirmation is considered timely delivery, in the sense that it does not provide customer any remedies for breach of contract. Additional delays, regarded as important for the customer, gives the customer the right to cancel the contract on the delivery in question. This is the only remedy, which the customer has, and the customer cannot make other demands, such as coverage of direct or indirect losses.
DELIVERY AND DELAYS. Xxxxxxx shall make commercially reasonable efforts to meet quoted delivery dates, which are estimated based on conditions known at the time of quotation. Xxxxxxx shall not be liable for any nonperformance, loss, damage, or delay due to war, acts of terrorism, riots, fire, flood, strikes or other labor difficulty, governmental actions, acts of God, acts of the Buyer or its customer, transportation delays, inability to obtain necessary labor or materials from usual sources, or other causes beyond the reasonable control of Xxxxxxx. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be extended at least by the length of time lost due to such delay. Xxxxxxx shall not be liable for any damages resulting from any delay in delivery.
DELIVERY AND DELAYS. 14.1. Unless otherwise provided in Annex B, all shipments of the Goods shall be shipped by the Supplier DDP – Delivery Duty Paid to the address advised by the Procuring Entity, in line with the INCOTERMS 2020 rules.
14.2. Without in any way limiting Clause 14.1 of the GCC, all transportation charges, import and export duties, insurance costs and any other costs and charges on the Goods delivered shall be borne by the Supplier.
14.3. The Goods shall be packed in standard packing conditions according to international commercial and industrial practice for international shipment. Without prejudice to foregoing, the Supplier shall apply proper anti-erosion and/or anti-rust compounds or coating, protective waterproof wrapping and/or packing, as the case may be.
14.4. Duplicate copies of the invoices and packing lists are to be packed with the Goods. Original documents and other documents as required by the Supplier are to be sent separately and as quickly as possible in order to reach the Procuring Entity before the shipment arrives at the destination.
14.5. The Supplier shall inform the Procuring Entity of shipping details, including bill of lading numbers, and number of packages, and its expected date of departure and arrival by email or facsimile within twenty-four (24) hours after the original shipping date.
14.6. Delivery of the Goods shall be made by the Supplier on the Delivery Date or Dates that the Procuring Entities has required in Annex A.
14.7. If the Supplier or its Subcontractor(s) encounters conditions impeding timely delivery of the Goods, the Supplier shall notify the Procuring Entities in writing and at the soonest opportunity of the fact of the delay, its likely duration and cause(s). The Procuring Entity shall evaluate the situation and advise the Supplier if the Delivery Date or Dates can be extended.
14.8. Delay may constitute default that may result in terminating the Contract, forfeiting the Supplier’s Performance Security and/or awarding the Contract to another qualified Supplier.
DELIVERY AND DELAYS. Delivery dates shall be quoted by the Company. Such dates shall be interpreted as estimated and in no event shall such dates be construed as falling within the meaning of "time is of the essence." The Company shall not be liable for loss, damage, detention or delay due to war, riots, civil insurrection or acts of the common enemy, fire, flood, strikes or other labor difficulty, acts of civil or military authority, including governmental laws, orders, priorities or regulation, acts of the Purchaser, embargo, car shortage, wrecks or delay in transportation, inability to obtain necessary labor, materials or manufacturing facilities from usual sources, faulty forgings or casings, or other causes beyond the reasonable control of the Company. In the event of delay in performance due to any such cause, the date of delivery or time for completion will be adjusted to reflect the actual length of time lost by reason of such delay. The Purchaser's receipt of Equipment shall constitute a waiver of any claim for delay.
