Common use of Delivery and Performance Clause in Contracts

Delivery and Performance. Time will be of the essence in the PO. Delivery will be made Delivery Duty Paid (DDP), Incoterms® 2020. Seller will deliver the Goods and/or perform the Services in accordance with any schedules or dates specified in the PO or, if there are no schedules or specified dates, within a reasonable time. Buyer may request status reports from time to time. Buyer may cancel the PO, without liability, in whole or in part, if deliveries are not made or Services are not performed in accordance with this Section 7. Buyer may also, as reasonably determined by Xxxxx and upon written notice to Seller, suspend the delivery of Goods and/or the performance of Services. In the case of suspension, the Seller will be entitled to payment of Goods delivered or Services performed prior to receiving the suspension notice. Seller will suitably ship Goods in accordance with Buyer’s instructions and all applicable laws, and, if so instructed by Buyer, will meet the transportation requirements of common carriers to secure the lowest transportation costs. Seller will attain appropriate carrier insurance and will be liable for resulting damage to the Goods by reason of failure to comply with this Section 7. Seller will send Xxxxx, as soon as the Goods have been forwarded, a notice of shipment number, a car number (if any), and a brief description of the Goods; otherwise, Seller will be liable for any demurrage charges incurred. If the quantity ordered is sufficient, railcars and trailer units will be loaded to their maximum legal capacity; otherwise, Seller will pay the excess freight.

Delivery and Performance. Time will be of the essence in the PO. Delivery will be made Delivery Duty Paid (DDP), Incoterms® 20202010. Seller will deliver the Goods and/or perform the Services in accordance with any schedules or dates specified in the PO or, if there are no schedules or specified dates, within a reasonable time. Buyer may request status reports from time to time. Buyer may cancel the PO, without liability, in whole or in part, if deliveries are not made or Services are not performed in accordance with this Section 7. Buyer may also, as reasonably determined by Xxxxx Buyer and upon written notice to Seller, suspend the delivery of Goods and/or the performance of Services. In the case of suspension, the Seller will be entitled to payment of Goods delivered or Services performed prior to receiving the suspension notice. notice.‌‌ Seller will suitably ship Goods in accordance with Buyer’s instructions and all applicable laws, and, if so instructed by Buyer, will meet the transportation requirements of common carriers to secure the lowest transportation costs. Seller will attain appropriate carrier insurance and will be liable for resulting damage to the Goods by reason of failure to comply with this Section 7. Seller will send XxxxxBuyer, as soon as the Goods have been forwarded, a notice of shipment number, a car number (if any), and a brief description of the Goods; otherwise, Seller will be liable for any demurrage charges incurred. If the quantity ordered is sufficient, railcars and trailer units will be loaded to their maximum legal capacity; otherwise, Seller will pay the excess freight.