Delivery and Performance. All work performed under contracts or task orders will be at the highest quality applicable and delivered according to Statement of Objectives (SOO), Statement of Works (SOW), or Performance Work Statements (PWS). The Contractor must deliver and perform according to the requirements of the contract or task order, and may be denied further work for substandard performance. The Government may include deliveries or performance requirements, such as (1) optional clauses, (2) agency clauses, or (3) specific clauses, in a contract or task order.
Delivery and Performance. 7.1 Delivery of the Goods shall be made by the Supplier delivering the Goods to the place in the United Kingdom specified in the quotation or accepted order or, if no place of delivery is so specified, by the Customer collecting the Goods at the Supplier’s premises at any time after the Supplier has notified the Customer that the Goods are ready for collection.
7.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer.
7.3 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provisions of sub-Clause 10.1 risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.
7.4 With effect from the Commencement Date the Supplier shall, in consideration of the price being paid in accordance with these Terms and Conditions and the quotation or accepted order provide the Services expressly identified in the quotation or accepted order.
7.5 If any free issued part or dependant items (such as, but not limited to, firmware / software code, certifications, test procedures, free issue material) that is not in the Supplier’s control which results in delaying the delivery and resulting invoicing then the Supplier reserves the right to invoice in full.
Delivery and Performance. 3.1 The Goods shall be delivered to, and/or the Services shall be performed at, the Address during the Principal’s usual business hours in compliance with the Contract on the date or during the period stated in the Order or as otherwise agreed in writing. Delivery of the Goods shall, unless agreed otherwise in writing, be in accordance with Incoterm DAP (Incoterms 2020) to the Address and delivery shall be completed on the completion of unloading of the Goods by the Contractor at the Address. Performance of the Services will be complete when the Principal has confirmed that the Services have been performed in accordance with the Contract to the Principal’s reasonable satisfaction. Deliveries of Goods and/or the performance of Services at the wrong address will be corrected at the Contractor’s expense.
3.2 The time for delivery of the Goods and/or for performance of the Services is of the essence.
3.3 Without prejudice to clause 3.2, the Contractor shall notify the Principal immediately in writing if delivery of the Goods and/or performance of the Services is, or is likely to be, delayed giving the reasons for delay and the likely delay period. Acceptance of delivery of any delayed Goods or performance of any delayed Services shall in no way constitute a waiver of any rights or claims by the Principal.
3.4 If the Contractor fails to deliver the Goods and/or perform the Services on the agreed date or during the agreed period, the Principal shall, without limitation to any other rights or remedies, be entitled, at its discretion, to:
3.4.1 immediately terminate the Contract on written notice; and/or
3.4.2 refuse to accept any subsequent delivery of the Goods and/or performance of the Services or any Goods and/or Services under any other contract with the Contractor; and/or
3.4.3 deduct any amounts stated in the Order (if any) from the Price by way of liquidated damages for the period of delayed delivery and/or performance. The parties confirm that such amounts shall represent a genuine pre-estimate of the Principal’s loss.
3.5 Performance of the Services may only take place in advance of the agreed date or agreed period with the prior consent of the Principal in writing.
3.6 If the Principal agrees that the Goods are to be delivered, and/or the Services are to be performed, by instalments, the Contract will still be treated as a single contract and shall not be severable.
3.7 The Contractor shall supply the Principal in good time with any instructions or othe...
Delivery and Performance. (a) Supplier, at its expense, must Deliver each Good or Service (as applicable):
(i) in accordance with the relevant Delivery Date (time is of the essence);
(ii) to or at the relevant Delivery Place(s), and in the relevant sequence (if applicable);
(iii) in the relevant quantity; and
(iv) between the hours (or otherwise between such other hours as may be reasonably determined by Port Authority and notified as such to Supplier), specified in the Order.
(b) Supplier will promptly unload the Goods or perform the Services at the Delivery Place(s) in accordance with any reasonable directions given by Port Authority.
(c) If Supplier is a foreign registered entity, then Delivery of the Goods must be in accordance with DDP (Delivered Duty Paid) (Sydney, Australia) (INCOTERMS 2010).
(d) Supplier acknowledges and agrees that an Order may require Goods or Services to be Delivered:
(i) at or to multiple Delivery Places; and
(ii) in a specified sequence.
Delivery and Performance. 9.1 Delivery of the Goods shall be made by the Supplier delivering the Goods to the place in the United Kingdom specified in the quotation/specification schedule/accepted order or, if no place of delivery is so specified, by the Customer collecting the Goods at the Supplier’s premises at any time after the Supplier has notified the Customer that the Goods are ready for collection.
9.2 The Delivery Date is approximate only and time for delivery shall not be of the essence unless previously agreed by the Supplier in writing. The Goods may be delivered by the Supplier in advance of the Delivery Date upon giving reasonable notice to the Customer.
9.3 If the Customer fails to take delivery of the Goods or any part of them on the Delivery Date and/or fails to provide any instructions, documents, licences, consents or authorisations required to enable the Goods to be delivered on that date, the Supplier shall be entitled upon giving written notice to the Customer to store or arrange for the storage of the Goods and then notwithstanding the provisions of sub-Clause 10.1 risk in the Goods shall pass to the Customer, delivery shall be deemed to have taken place and the Customer shall pay to the Supplier all costs and expenses including storage and insurance charges arising from such failure.
9.4 With effect from the Commencement Date the Supplier shall, in consideration of the price being paid in accordance with these Terms and Conditions and the quotation/specification schedule/accepted order provide the Services expressly identified in the quotation/specification schedule/accepted order.
Delivery and Performance. 4.1 Delivery of Supplies will be made to the delivery address stated on the Proposal or Customer Purchase Order or as agreed in writing by the parties.
4.2 Dates for delivery of the Supplies or the performance of any services are only estimates and are not binding on Telequip.
4.3 If Telequip is unable to deliver all or any part of the Supplies or perform any Services within (in Telequip's opinion) a reasonable time or at all, then Telequip may terminate the Agreement, in whole or in part. In this event, the Customer will have no claim against Telequip for any damage, loss or expense incurred in connection with the delay in delivery or performance or the termination.
4.4 If the Customer refuses to accept delivery of any Supplies or performance of any Services, then the Fees for those Supplies or Services, together with all reasonable costs as determined by Telequip incurred by Telequip arising from the Customer's refusal to accept delivery (including any transport, inventory and storage costs) will become payable by the Customer on demand.
4.5 The Customer may be required to do the following prior to Telequip providing the Products:
(a) provide proof of identification to Our requisite standard;
(b) enter into a hard-copy format of these Terms and Conditions;
(c) sign any other requisite documents;
(d) fulfil any other request made by Telequip.
Delivery and Performance. If Pegasus Technology is unable to deliver all or any part of the Product or perform the Services within (in Pegasus Technology’s opinion) a reasonable time or at all, Pegasus Technology may terminate the Agreement, in whole or in part. In this event, you will have no claim against Pegasus Technology for any damage, loss or expense incurred in connection with the delay in delivery or performance or the termination.
Delivery and Performance. Location for deliveries and performances is the place or places specified by Customer or approved in writing by Customer.
Delivery and Performance. Time shall be of the essence in the Purchase Order. Seller shall deliver the Goods and/or perform the Services in accordance with any schedules or dates specified in the Purchase Order or, if there are no schedules or specified dates, within a reasonable time. Buyer may cancel the Purchase Order, without liability, in whole or in part, if deliveries are not made or Services are not performed in accordance with this Section 7.
Delivery and Performance. If DXC Connect is unable to perform the Services within (in DXC Connect‟s opinion) a reasonable time or at all, then DXC Connect may terminate this Agreement, in whole or in part. In this event, you will have no claim against DXC Connect for any damage, loss or expense incurred in connection with the delay in delivery or performance or the termination.
