Common use of DELIVERY AND FORCE MAJEURE Clause in Contracts

DELIVERY AND FORCE MAJEURE. Unless otherwise specified in writing, and subject to Paragraph 17, Seller shall deliver the goods to the destination and in a manner specified by Buyer. Time of delivery or performance is of the essence, and Buyer's stated delivery or performance date and the date for performance of any other obligation of Seller, shall not be extended or excused for any reason, including anything that Seller cannot control, except as provided in the following sentence. Seller shall not be liable for any non-performance or delay in performance that is caused solely by a riot, war, insurrection or act of God or public enemy, if Seller immediately notifies Buyer of the event and gives Buyer a detailed description of the non-performance or delay that it will cause. Buyer shall then have the right to terminate the Contract by giving Seller written notice of termination. The provisions of Paragraph 12 shall apply to any such termination by Buyer. Except as provided in this paragraph, no event or circumstance shall limit Seller’s liability for any non- performance or delay, even if the event or circumstance is beyond Seller’s control.

DELIVERY AND FORCE MAJEURE. Unless otherwise specified in writing, and subject to Paragraph 17, Seller shall deliver the goods to the destination and in a manner specified by Buyer. Time of delivery or performance is of the essence, and BuyerXxxxx's stated delivery or performance date and the date for performance of any other obligation of Seller, shall not be extended or excused for any reason, including anything that Seller cannot control, except as provided in the following sentence. Seller shall not be liable for any non-performance or delay in performance that is caused solely by a riot, war, insurrection or act of God or public enemy, if Seller Xxxxxx immediately notifies Buyer of the event and gives Buyer a detailed description of the non-performance or delay that it will cause. Buyer shall then have the right to terminate the Contract by giving Seller written notice of termination. The provisions of Paragraph 12 shall apply to any such termination by Buyer. Except as provided in this paragraph, no event or circumstance shall limit Seller’s liability for any non- performance or delay, even if the event or circumstance is beyond Seller’s control.