Delivery and delivery time Sample Clauses

Delivery and delivery time. 5.1 Delivery clauses shall be interpreted in accordance with INCOTERMS in the wording of the most recent version applicable on the date the Agreement was entered into. If no other specific delivery clause has been agreed upon, delivery “Ex Works” shall apply. 5.2 If the delivery is to be made within a certain term, the term shall begin on the date the Agreement was entered into, unless otherwise expressly agreed. However, the delivery term shall under no circumstances begin before the Supplier has received (i) payment, if such is due prior to the commencement of manufacturing of the Product or has otherwise been agreed upon, and (ii) required licenses, authorizations, technical data and instructions. 5.3 If the delay is caused by a circumstance which, pursuant to item 11.1, constitutes grounds for relief or by any action or omission by the Purchaser, the delivery term shall be extended for a period which is reasonable considering the circumstances. If the grounds for relief occur after the end of the agreed delivery term, the term shall nonetheless be extended. 5.4 If the Supplier does not deliver on time, the Purchaser may demand delivery within a reasonable final deadline, by giving written notice to the Supplier. Should the Supplier not deliver within such deadline, the Purchaser is entitled to cancel the Agreement by giving the Supplier written notice to that effect. 5.5 If the Purchaser cancels the Agreement under 5.4, it is entitled to compensation from the Supplier for the direct additional expenditures for procuring a corresponding Product from someone else, however the right to such compensation is limited to 7.5 % of the price of the Product. If the Purchaser does not cancel the Agreement, it is not entitled to any compensation for the Supplier’s delay. 5.6 Should the Purchaser fail to receive the Product on the agreed date, payment shall nevertheless be made as if the Product was delivered in accordance with the Agreement, and the Purchaser shall compensate the Supplier for its direct additional expenditures caused by such failure of the Purchaser.

Delivery and delivery time. 1. The delivery times and times of performance of VERHOEF EMC are in all cases without engagement, unless expressly agreed otherwise. The delivery time commences on which ever of the following times is latest: a. the day of execution of the agreement by both parties; b. the day of receipt by VERHOEF EMC of the requisite documents, data, permits, etc. for implementing the order; c. the day on which the necessary formalities for commencing the work have been fulfilled; d. the day of receipt by VERHOEF EMC of that which in accordance with the agreement had to be paid in advance, prior to commencing the work. If a delivery date or week has been agreed, the delivery time is the period between the date of execution of the agreement and the delivery date or week. 2. The delivery time is based on the working conditions at the time of execution of the agreement and on delivery in good time of the materials ordered by VERHOEF EMC for implementing the work. If, due to no fault of VERHOEF EMC a delay arises as a result of a change to the said working conditions or because materials ordered in good time for performing the work have not been delivered in good time, the delivery time will be extended insofar as is necessary. 3. With reference to the time of delivery; the product is deemed to be delivered, when it is available for transfer of ownership to the Principal, or at least can be placed within his power and the Principal has been informed of this, without prejudice to the obligation of VERHOEF EMC to comply with any commitments regarding assembly or installation. 4. Notwithstanding the provisions set forth elsewhere in these conditions with regard to extending the delivery time, the delivery time is extended by the duration of the delay arising on the part of VERHOEF EMC as a result of the failure of the Principal to comply with any of the obligations arising from the agreement or any cooperation to be required of him with regard to the implementation of the agreement. 5. If the agreed delivery period is exceeded – for whatever reason – this shall not entitle the Principal to wholly or partially dissolve the agreement or to perform or cause to be performed any work in execution of the agreement, without having judicial authorization to do so. 6. Any liquidated damages, if agreed in the contract for exceeding the delivery time or any other failure in the performance of the contract by VERHOEF EMC must be deemed to be set in the place of any entitlement of the Prin...

Delivery and delivery time. 6.1 Deliveries are made “ex works” (EXW Xxxx- xxxxxxxx 9, 63934 Röllbach, Germany, Germany; pursuant to the latest version of Incoterms). 6.2 Times and deadlines envisaged by the Seller for deliveries and services are in every case approxi- mate only, unless a fixed time or a fixed deadline has been promised or agreed to. 6.3 Compliance with the delivery time presupposes that the order has been completely clarified, all permits have been issued, and all documentation, payments, and securities to be provided by the Customer have been received by the Seller in timely fashion. The delivery time will be reasonably extended where the aforementioned prerequisites have not all been met in a timely fashion. 6.4 The delivery time will be reasonably extended for delivery delays that were caused by force majeure or other unforeseeable events at the time of con- tract conclusion (e.g., business interruptions of any nature, difficulties with materials, raw-materi- als, or energy procurement, transport delays, strikes, lawful lock-outs, difficulties with procuring the required official permits, or where upstream suppliers fail to deliver or fail to do so correctly or in a timely fashion) for which the Seller is not re- sponsible. If such events make the delivery or the service by the Seller substantially more difficult or impossible, and the impediment is more than merely temporary, the Seller may rescind the con- tract. If the Customer cannot reasonably be expected to accept the delivery or service due to the delay, it may rescind the contract by immediately sending the Seller a written declaration. 6.5 Partial deliveries are permissible. 6.6 If deadlines and times cannot be complied with for a reason the Seller is liable for, the Customer is entitled – after expiry of a reasonable grace period of two weeks and proof that it has incurred damage – to assert as liquidated damages for delay of de- livery in an amount of 0.25% of the net value of the delayed delivery for each completed week of de- fault, up to a maximum of 5% of the net value of the delayed delivery. The foregoing liquidated damages shall be the sole remedy of the Customer for delay of delivery. The parties acknowledge and agree that the liquidated damages described herein are to compensate the Customer for costs associated with the delayed delivery and do not constitute a penalty.

Delivery and delivery time. 5.1 Deliveries shall be performed EXW acc. to the Incoterms 2010. 5.2 Any periods and dates held out by the Seller for deliveries and services shall always apply only approximately, unless a fixed period or date has been explicitly promised or agreed. Where shipment has been agreed, delivery periods and dates shall relate to the time of handover to the freight forwarder, haulier or other third parties engaged to carry out the transport. 5.3 Without prejudice to its rights from the Principal’s default, the Seller may claim exten- sion of delivery and service periods or postponement of delivery and service dates from the Principal by the periods in which the Principal fails to meet its contractual ob- ligations vis-à-vis the Seller. 5.4 The Seller shall not be liable for impossibility of the delivery or for defaults in delivery where they have been caused by force majeure or any other events not foreseeable when the agreement is concluded (e.g. all kinds of breakdowns, difficulties in the pro- curement of materials or energy, transport delays, strikes, lawful lockouts, shortage of manpower, energy or raw materials, difficulties in obtaining necessary official approv- als, official measures or the missing, incorrect or non-timely delivery by suppliers) that are not attributable to the Seller. Where such events make delivery or service signifi- cantly difficult or impossible for the Seller or the impediment is not only temporary, the Seller shall be entitled to rescind the agreement. For temporary impediments, the de- livery or service periods shall be extended or the delivery or service dates shall be postponed by the period of the impediment, plus a reasonable start-up period. Where acceptance of the delivery or service is unreasonable for the Principal as a conse- quence of the delay in acceptance, it may rescind the agreement by giving immediate written notice to the Seller. 5.5 The Seller shall be entitled to partial deliveries only if  the partial delivery can be used by the Principal as part of the contractual intended purpose;  delivery of the remaining goods ordered is ensured; and  the Principal will not incur any significant additional expenditure or costs (unless the Seller accepts absorption of such costs). 5.6 Where the Seller comes in default with any delivery or service or any delivery or ser- vice, for any reason whatsoever, becomes impossible for the Seller, its liability for damages acc. to clause 8 of these General Terms and Conditions o...

Delivery and delivery time. 6.1. The installation of a dedicated server will take place within 2 working days after the start of the agreement, provided that all hardware is in stock. 6.2. If there is a risk that the agreed delivery time will be exceeded, this will be communicated as early as possible. In the event of force majeure on the part of WorldStream LatAm B.V., the deadline will be extended according to the duration of the force majeure. Excessive failure to observe delivery times may be regarded as grounds for dissolving the agreement.

Delivery and delivery time. (1) The Vessel shall be handed over moored and be fetched by the Customer, without any charge for the shipyard, at the shipyard's quay, in the dock of the shipyard or at a quay used by the shipyard as instructed by the shipyard.

Delivery and delivery time. 1. The delivery time commences on which ever of the following times is latest: a. the day of completion of the agreement; b. the day of receipt by Machinefabriek Bolier B.V.of the requisite documents, data, permits, etc. for implementing the order; c. the day on which the necessary formalities for commencing the work have been fulfilled; d. the day of receipt by Machinefabriek Bolier B.V.of that which in accordance with the agreement had to be paid in advance, prior to commencing the work. If a delivery date or week has been agreed, the delivery time is the period between the date of completion of the agreement and the delivery date or week. 2. The delivery time is based on the working conditions at the time of completion of the agreement and on delivery in good time of the materials ordered by Machinefabriek Bolier B.V.for implementing the work. If, due to no fault of Machinefabriek Bolier B.V.a delay arises as a result of a change to the said working conditions or because materials ordered in good time for performing the work have not been delivered in gooed time, the delivery time will be extended insofar as is necessary. 3. With reference to the time of delivery; the product is deemed to be delivered, when it is available for transfer of ownership to the Principal, or at least can be placed within this power and the Principal has been informed of this, without prejudice to the obligation of Machinefabriek Bolier X.X.xx comply with any commitments regarding assembly or installation. 4. Notwithstanding the provisions set forth elsewhere in these conditions with regard to extending the delivery time, the delivery time is extended by the duration of the delay arising on the part of Machinefabriek Bolier B.V. as a result of the failure of the Principal to comply with any of the obligations arising from the agreement or any cooperation to be required of him with regard to the implementation of the agreement. 5. If the agreed delivery period is exceeded – for whatever reason – this shall not entitle the Customer to wholly or partially dissolve the agreement or to perform or cause to be performed any work in execution of the agreement, without having judicial authorization to do so. 6. Any fine in the contract for exceeding the delivery time must be deemed to be set in the place of any entitlement of the Principal to compensation. Such a fine is not owed if the exceeding of the delivery time is a result of force majeure. 7. If the Principal refuses to take rec...

Delivery and delivery time. 1. The delivery time given by Good(s)Factory is indicative and cannot be considered as an absolute term. Good(s)Factory will make every effort to realize the terms. In case of late delivery, therefore, Good(s)Factory will inform the customer as quickly as possible. Good(s)Factory will not be liable in case of any damage for the customer in case of late delivery. 2. The agreed delivery period starts on the date on which the order confirmation is sent by Good(s)Factory and on which all formalities of the agreement have been met. 3. For orders where further instruction, approval or availability of products is necessary, the delivery period is suspended until the customer has given this further instruction or approval or made the products or materials available. The payment terms agreed will always be adhered to. 4. Deliveries always take place ex works and the risk passes to the customer from the moment of delivery. The customer should ensure adequate insurance for the risks during transport at all times. 5. The delivery date is considered to be the time at which the merchandise is ready for delivery or is transferred into the control of the customer. 6. Any necessary packaging will be charged at cost price and not taken back. The judgement as to the necessity of packaging is completely at the discretion of Good(s)Factory.

Delivery and delivery time. For delivery times, please refer to our order confirmation [For freight forwarding deliveries, the dates are ex works]. Delivery periods shall commence as soon as all details of execution have been clarified and the Buyer has fulfilled his obligations to cooperate, in particular has made an agreed advance payment. An agreed delivery period shall be deemed to have been complied with if the goods have left the warehouse or notification of readiness for dispatch has been given by the time of its expiry. The risk shall pass to the Buyer upon dispatch of the goods, even if we have assumed other services, e.g. shipping costs, demonstration or installation. In case of storage in our own works, at least 1.0% of the contract price of the stored goods shall be charged per month. We shall also be entitled to store the delivery item outside our works. Delays in shipment caused by the forwarding agent or the carrier shall not constitute grounds for claims for damages, unless the latter is guilty of intent or gross negligence. Any cor- responding claims for damages against the carrier will be assigned to the Buyer. Minor overruns do not entitle to recourse claims in any case. Fire, explosion, official measures, industrial action at suppliers and other cases of force majeure shall release us from our obligation to deliver for the duration of our obstruction; the same shall apply if the designated events affect our suppliers. We are only obliged to deliver when we are satisfied with the information we have received. In his own interest, the Buyer must immediately report any transport damage to the forwarding agent. Partial deliveries are permissible. In the case of sample chair consignments, the freight costs incurred for outward delivery and collection shall be charged as a lump sum. Special agreements are excluded from this.

Delivery and delivery time. Unless otherwise agreed, delivery shall take place EXW (Incoterms 2010). This also applies if the contractor has to assemble or commission the goods. The Principal must notify the Contractor directly and in writing of any shortfalls and/or damages present at the time of delivery no later than 24 hours after delivery, failing which the Contractor will be entitled not to entertain any complaints in this respect. The Contractor is entitled to deliver in parts (part- deliveries). The delivery period(s) indicated by the Contractor at the time of the offer are not intended to be fatal, unless agreed otherwise in writing. The Contractor is obliged to observe the delivery time as much as possible, but shall never be liable for the consequences of exceeding it. If the delivery time is exceeded, the Contractor shall not be obliged to pay compensation of any nature whatsoever. Exceeding the delivery period does not give the Principal the right to cancel or refuse acceptance of the Agreement. In the event of extensive overrun of the delivery period, the parties will consult with each other. In the event that the goods are not accepted within the delivery period or in the event that the agreed delivery period has not been observed by the Principal, the Contractor is entitled to invoice the goods in question while the goods are then stored entirely at the Principal's expense and risk.