Delivery and service Sample Clauses

Delivery and service. Notices and demands shall be deemed delivered (i) when delivered to the party, (ii) three business Days after being deposited in the U.S. Mail, certified or registered mail, return receipt requested, properly addressed with sufficient postage, or (iii) the following business Day after being given to a recognized and reputable overnight delivery service, with the Person giving the notice paying all required charges and instructing the delivery service to deliver on the following business Day. Contact identities and addresses may be changed from time to time by providing notice as indicated in this Section 35. Copies of all notices and demands shall be sent to the Secretary c/o the Superintendent.
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Delivery and service deadlines 1. The delivery and service deadlines depend on the respective goods and services that QBF provides to its customers. More detailed information can be found in the respective contracts. 2. Delivery and service deadlines become binding only when QBF has submitted or confirmed them in writing. 3. If nothing else has been agreed upon, deliveries are made to the customer at the provided delivery address. 4. Deliveries of goods are made at the risk of the customer. 5. Delivery and service deadlines are met if the goods have been delivered before the deadline determined in writing, if the services have been performed or in the case of a remote transfer even when QBF has sent out an availability notice per e-mail in the case that the product has not yet reached the customer system. They are also considered to be met if minor touch-ups and/or customization work is necessary, as long as the usability and operational readiness of the goods or services are not impaired. 6. In the case of impediments the delivery dates are extended as follows: If QBF has to wait for participation of or information from the customer or if QBF is impeded in its services by strikes or lock-outs in third-party companies or its own company (in this case only if the labour struggle is legal), official intervention, legal prohibitions, or other circumstances that are not its fault ("force majeure") then delivery and service deadlines shall be considered extended by the duration of the impediment and an appropriate run-up period after the end of the impediment ("down time") and no violation of duties occurs for the period of the down time. QBF shall immediately inform its customers of such impediments and their probable duration. 7. If the force majeure lasts more than 90 days without interruption, either party shall be entitled to withdraw from the contract by unilateral, written statement without the provision of reasons and is set free of its respective service responsibilities.
Delivery and service delays 1. In the event that the Lessor defaults on the timely provision and delivery of the leased device, the Lessee has to set a reasonable grace period. 2. Even if deadlines and dates have been agreed upon on a binding basis, delivery and service delays due to force majeure and due to events that make it materially difficult or impossible for the Lessor to deliver the service, the Lessor shall not be responsible for these delays, even if they occur at an upstream supplier of the Lessor. 3. The Lessor has to inform the Lessee promptly about delays in the delivery or service. In addition, the Lessor shall be entitled to postpone the delivery or service for the duration of the hindrance plus an appropriate start-up time, or to withdraw from the contract as a whole or in part on account of the unfulfilled part. This includes, for example, material procurement difficulties occurring later, interruptions of operations, strikes, lockouts, shortage of personnel, lack of means of transport, official orders, extreme weather conditions, war, etc. 4. In the event that such delays last longer than 4 weeks, the Lessee is entitled to withdraw in writing from the contract regarding the part still to be fulfilled after setting an adequate grace period in writing. 5. If the Lessor is in default on account of non-compliance with delivery dates and deadlines that were bindingly promised, a claim for damages on the part of the Lessee is excluded insofar as the delays are not due to gross negligence or wilful intent of the Seller or his vicarious agents. In this case, the Lessor is liable for each completed week of delay within the scope of a lump-sum compensation for 3% of the delivery value, at a maximum, however, for 15% of the delivery value.
Delivery and service. At Sponsor’s expense, Sponsor shall deliver the Products to, and store such Products at, Owner’s location. Sponsor agrees to provide service personnel on an “on call” basis to assist in the delivery, installation, repair, maintenance and removal of the Products, in a number mutually agreed upon between the parties. All of Sponsor’s personnel shall be subject to Owner’s security and personnel policies and practices.
Delivery and service deadlines 9.1. Delivery / service deadlines and dates are only binding for us if they have been set in writing. Any departure from this formal requirement must also be in writing. 9.2. We are entitled to exceed the agreed delivery deadlines by up to four weeks. Only then is the customer entitled to withdraw from the contract by setting a reasonable grace period. 9.3. Deadlines and dates are postponed in the event of force majeure, strikes, unforeseeable delays for which we are not responsible by our suppliers or other comparable events that are beyond our control during the period during which the relevant event continues. This does not affect the right of the customer to withdraw from the contract in the event of delays that make a commitment to the contract unreasonable. 9.4. If the start of the performance of the service or the performance are delayed or interrupted by circumstances attributable to the customer, in particular due to the breach of the duty to cooperate in accordance with point 7, performance deadlines will be extended accordingly and completion dates postponed accordingly. 9.5. We are entitled to charge 2% of the invoice amount for each commenced month of the delay in performance for the storage of materials and equipment and the like in our company, whereby the customer's obligation to pay as well as his obligation to accept remains unaffected. 9.6. When withdrawing from the contract due to default, the customer must set a grace period by registered letter with simultaneous threat of withdrawal.
Delivery and service in relation to each Purchased Receivable, the Goods have been duly Delivered or the Services duly provided;

Related to Delivery and service

  • Delivery and Control (i) With respect to any Investment Related Property consisting of Securities Accounts or Securities Entitlements, it shall cause the securities intermediary maintaining such Securities Account or Securities Entitlement to enter into an agreement substantially in the form of Exhibit C hereto pursuant to which it shall agree to comply with the Collateral Agent’s “entitlement orders” without further consent by such Grantor. With respect to any Investment Related Property that is a “Deposit Account,” it shall cause the depositary institution maintaining such account to enter into an agreement substantially in the form of Exhibit D hereto, pursuant to which the Collateral Agent shall have both sole dominion and control over such Deposit Account (within the meaning of the common law) and “control” (within the meaning of Section 9-104 of the UCC) over such Deposit Account. Each Grantor shall have entered into such control agreement or agreements with respect to: (i) any Securities Accounts, Securities Entitlements or Deposit Accounts that exist on the Credit Date, as of or prior to the Credit Date and (ii) any Securities Accounts, Securities Entitlements or Deposit Accounts that are created or acquired after the Credit Date, as of or prior to the deposit or transfer of any such Securities Entitlements or funds, whether constituting moneys or investments, into such Securities Accounts or Deposit Accounts. In addition to the foregoing, if any issuer of any Investment Related Property is located in a jurisdiction outside of the United States, each Grantor shall take such additional actions, including, without limitation, causing the issuer to register the pledge on its books and records or making such filings or recordings, in each case as may be necessary or advisable, under the laws of such issuer’s jurisdiction to insure the validity, perfection and priority of the security interest of the Collateral Agent. Upon the occurrence of an Event of Default, the Collateral Agent shall have the right, without notice to any Grantor, to transfer all or any portion of the Investment Related Property to its name or the name of its nominee or agent. In addition, the Collateral Agent shall have the right at any time, without notice to any Grantor, to exchange any certificates or instruments representing any Investment Related Property for certificates or instruments of smaller or larger denominations.

  • Delivery and Risk 4.1 Time of delivery shall not be of the essence in any agreement between the Parties. 4.2 WHILST EVERY EFFORT WILL BE MADE TO DISPATCH AND DELIVER THE GOODS AS ADVISED, THE SELLER DOES NOT GUARANTEE DISPATCH AND/OR DELIVERY ON ANY SPECIFIC DATE AND SHALL NOT BE LIABLE FOR ANY DAMAGES INCLUDING CONSEQUENTIAL DAMAGES THAT MAY BE SUFFERED BY THE PURCHASER AND/OR ANY THIRD PARTY AS A RESULT OF ANY DELAYS IN THE DELIVERY OF THE GOODS THAT MAY OCCUR, SAVE TO THE EXTENT THAT THE SELLER IS FOUND TO BE LIABLE FOR ANY LOSSES IN TERMS OF SECTION 47 OF THE CONSUMER PROTECTION ACT 68 OF 2008 AS AMENDED. 4.3 The Purchaser shall not be entitled to cancel any order as a result of any delay in delivery of the Goods. 4.4 Should the Seller be prevented from the performance of any of its obligations because of force majeure (which includes but is not limited to an event that prevents or delays the Seller from being able to perform an obligation, wars, insurrections, strikes, pandemics, acts of God, natural disasters, governmental actions or controls, government restrictions and/or water or energy supply restrictions), or any cause whatsoever beyond the control of the Seller, the Seller shall be entitled at its option to cancel the agreement with the Purchaser or to suspend performance of its obligations there under and shall not be liable whatsoever for any loss or damage, consequential or otherwise, resulting from such inability to perform its obligations, cancellation, or suspension. 4.5 Unless otherwise agreed in writing, delivery and passing of the risk in the Goods shall be deemed to have taken place when the Goods are offloaded at the Purchaser’s premises. 4.6 The Seller reserves the right to refuse an order within 10 (ten) business of such order being received by the Seller where costs have escalated due to any contingencies or circumstances not within the Seller’s control. 4.7 The Seller’s deliveries shall be effected “ex works” for the account and at the risk of the Purchaser. Transport insurance shall be arranged at the Purchaser’s written request and for its account. The Seller shall have the right to demand a prepayment on the insurance premium by the Purchaser. In the absence of specific instructions by the Purchaser, the Seller shall determine the shipping route and carrier. The transport packaging shall be product-related and consider the statutory regulations as may be made from time to time. The Seller shall bear the packing charges, which shall be determined at the Seller’s discretion. The packaging shall be taken back at the Purchaser’s request and expense.

  • Delivery and Risk of Loss Unless otherwise provided for in advance, all shipments will be made F.O.B. Seller's facility, and upon Seller's delivery of a shipment to the carrier, Buyer shall assume the risk of any loss or damage to the shipment thereafter. Delivery and/or completion dates furnished by Seller represent the best estimates of the time required to make shipment or complete services, and Seller does not guarantee delivery or completion by a particular date unless otherwise stated herein or in any schedule or addendum attached hereto. If a delivery date for products is guaranteed herein, (a) Seller’s unexcused delay in delivering one installment to the carrier at Seller’s facility shall permit Buyer to cancel only that installment, and acceptance by Buyer or the act of taking possession of products by the carrier shall constitute a bar to any claim of late delivery with respect to such products and (b) Buyer shall not be excused from performance if for any reason, the carrier does not pick up products on the date specified for shipping, and Seller may dispose of any products which the carrier does not pick-up within five (5) days of the date agreed for delivery to the carrier at Seller’s facility if Buyer refuses acceptance based on such delay, in which case Seller may cancel the order without notice to Buyer and Buyer shall be responsible for a 25% restocking fee as to the products ordered. In any such event, Seller shall have no duty to mitigate its damages. Seller may deliver any products subject to an order to the carrier at its facility in part and in such event, Buyer shall be responsible for payment for that part of the order received by the carrier, and Seller shall only be responsible for that portion of an order which Seller is required to but does not deliver.

  • DELIVERY AND TITLE A. The place of delivery for all Products sold pursuant to this Agreement shall be FOB Plant. Buyer and Buyer’s agents shall be given access to Seller’s Plant in a manner and at all times reasonably necessary and convenient for Buyer to take delivery as provided herein. Buyer shall schedule the loading and shipping of all outbound Products purchased hereunder which is shipped by rail. All labor and equipment necessary to load rail cars shall be supplied by Seller without charge to Buyer. Seller agrees to handle all Products in a good and workmanlike manner in accordance with Buyer’s reasonable requirements and in accordance with normal industry practice. Seller shall maintain the rail loading facilities in safe operating condition in accordance with normal industry standards. B. Seller shall be responsible at all times for the quantity, quality and condition of any Products in storage at the Plant. Seller shall not be responsible for the quantity, quality and condition of any of Products stored by Buyer at locations other than the Plant. C. Buyer shall give to Seller a schedule of quantities of the Products to be removed by rail with sufficient advance notice reasonably to allow Seller to provide the required services. Seller shall provide the labor, equipment and facilities necessary to meet Buyer’s loading schedule and, except for any consequential or indirect damages, shall be responsible for Buyer’s actual costs or damages resulting from Seller’s failure to do so. Buyer shall order and supply rail cars as scheduled for rail shipments. All freight charges shall be the responsibility of Buyer and shall be billed directly to Buyer. D. Buyer shall provide loading orders as necessary to permit Seller to maintain Seller’s usual production schedule, provided, however, that Buyer shall not be responsible for failure to schedule removal of the DDGS unless Seller shall have provided to Buyer production schedules as follows: Five (5) days prior to the beginning of each calendar month during the term hereof, Seller shall provide to Buyer a tentative schedule for production in the next calendar month which is to be shipped by railcar. Seller shall inform Buyer daily of inventory and production status. For purposes of this paragraph, notification will be sufficient if made by e-mail or facsimile as follows: If to Buyer, to the attention of Xxxxx Xxxxxxx, Facsimile number 000-000-0000 or email to xxxxxxxx@xxx-xxxxx.xxx, and If to Seller, to the attention of Xxxxx Xxxxxx, Facsimile number 000-000-0000 or email to xxxxx.xxxxxx@xxxxxxxxxxxxxxxxxxxxxxxxx.xxx, Or to such other representatives of Buyer and Seller as they may designate to the other in writing. E. Title, risk of loss and full shipping responsibility shall pass to Buyer upon loading the DDGS into rail cars and delivering to Buyer of the xxxx of lading for each such shipment.

  • Delivery and Documents 13.1 Subject to GCC Sub-Clause 33.1, the delivery of the Goods and completion of the Related Services shall be in accordance with the List of Goods and Delivery Schedule specified in the Supply Requirements. The details of shipping and other documents to be furnished by the Supplier are specified in the SCC.

  • DELIVERY AND PUBLISHING 4.1. Xxxxxxx Science offers publishing via a variety of methods. The parties agree that, at a minimum, and subject to the terms of this Agreement, the Work shall be published in the subscription journal specified, in Schedule 3: Publishing. Additionally, if so specified in the space provided in Schedule 3: Publishing in respect of “Open Access Plus”, and subject to the commercial terms specified therein and the other terms of this Agreement, the Work shall be made available, by Xxxxxxx Science, on an open access basis under the terms of the Creative Commons Attribution 4.0 International Public License (CC- BY 4.0), a copy of which is available at: xxxxx://xxxxxxxxxxxxxxx.xxx/licenses/by/4.0/legalcode . 4.2. The Assignor may, if so specified in the space provided in Schedule 1: Details of the Work, opt to have Xxxxxxx Science, or its third party contractor, provide a short animated video summarising the salient aspects of the Work, on the basis that all rights, title and interest in such short animated video shall become part of the Work for the purposes of this Agreement. The provision of such service by Xxxxxxx Science or its third party contractor shall be subject to the prevailing terms and rates relating to such service. Such animated video shall be made available, by Xxxxxxx Science, on an open access basis under the terms of the Creative Commons Attribution 4.0 International Public License (CC-BY-NC-ND 4.0), a copy of which is available at xxxxx://xxxxxxxxxxxxxxx.xxx/licenses/by-nc-nd/4.0/, and Xxxxxxx Science shall retain all rights to exploit the video commercially. 4.3. The Assignor undertakes to provide to Xxxxxxx Science, by the deadline specified in Schedule 1: Details of the Work (the “Submission Deadline”), an electronic copy of the Work in a high-quality, professionally prepared, production-ready format. The Assignor undertakes to ensure that all pages of the Work so submitted have been proof-read carefully, and that all diagrams, illustrations, figures and captions, are of excellent quality, with regard to both substance and form. 4.4. The Assignor represents and warrants that the Work has been prepared in accordance with the relevant Guidelines, and checked for all possible linguistic inconsistencies and errors, including grammar, style and typography, by someone with a high command of the English language and familiarity with academic writing in the English language. (“Guidelines” means the Instructions to Authors available on the Xxxxxxx Science website, as well as the Aims & Scope applicable to the relevant Xxxxxxx Science publication). Xxxxxxx Science’s nominated service provider, Xxxxxxx Science, offers English language support services which Assignor may elect to utilise in respect of the Work by completing the applicable box in Schedule 1: Details of the Work. The provision of such services by Xxxxxxx Science shall be subject to Xxxxxxx 2 [v.122016] Science’s prevailing terms and rates relating to such type of optional support.

  • Delivery Terms All products sent to Customer shall be sent EX Works (EXW) or FCA Company’s facility in El Cajon, CA, and in domestic packing. Customer will bear and pay for all taxes of any nature imposed prior to, at the time of, or after delivery to, the carrier at the EXW point. Customer shall also bear and pay for all charges for freight, shipping, consular fees, customs duties, and all costs and charges.

  • Delivery and Redelivery of Securities for Carrying Purposes The Manager may deliver to you from time to time prior to the termination of the applicable AAU pursuant to Section 9.1 hereof against payment, for carrying purposes only, any Securities or Other Securities purchased by you under the applicable AAU or any Intersyndicate Agreement which the Manager is holding for sale for your account but which are not sold and paid for. You will redeliver to the Manager against payment any Securities or Other Securities delivered to you for carrying purposes at such times as the Manager may demand.

  • Delivery Time Vendors shall specify the estimated delivery time in calendar days for each item. The purchaser should consult the vendor regarding vehicle production schedules. Delivery shall be within the normal working hours of the user, Monday through Friday, excluding holidays.

  • Delivery Term The period for which prices for All-Requirements Power Supply have been established, as set forth in Exhibit A.

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