Delivery and service periods Sample Clauses

Delivery and service periods. 4.1 The delivery and service periods agreed upon are estimates. meteocontrol may extend such periods by giving Customer written notice of the extension and taking all reasonable measures to mitigate any adverse effect caused by said extension. 4.1.1 If meteocontrol’s extension of the delivery date is reasonably expected to exceed thirty (30) days, Customer may, if meteocontrol is the sole cause of the delay, in its sole discretion take any of the following actions: (a) arrange for expedited transportation service for the affected ordered products at meteocontrol’s expense as reasonably necessary to accommodate Customer’s obligations to third parties with respect to such affected ordered products; (b) submit a revised Purchase Order for affected ordered products, which revised Purchase Order shall be subject to the provisions of Section 3; or (c) terminate the Purchase Order with respect to the affected ordered products without liability to Customer, and upon such termination, Customer’s purchase obligation under this Agreement shall be reduced by the volume of affected ordered product as if such ordered products were actually purchased. 4.2 If the customer rejects delivery of conforming products ordered or if the customer refuses to cooperate in any other way that causes delay, meteocontrol is entitled to recover all costs associated with such delay. If the customer rejects conforming products or does not fulfill other contractual obligations, customer bears any and all risk of loss. 4.3 No liability shall result from the delay in performance or non-performance caused by a Force Majeure Event; provided that: (a) the party affected by such event, as soon as reasonably practical after obtaining knowledge of the occurrence of the claimed event, gives the other party prompt oral notice, followed by a written notice, fully describing the particulars of the occurrence; (b) the suspension of performance is of no greater scope and of no longer duration than is required by the event; and (c) the party affected by such event uses all reasonable efforts to mitigate or remedy its inability to perform as soon as reasonably possible. If the party affected by such event suspends performance of its obligations under this Agreement for three (3) months or more after the occurrence of such event, the other party may, in its sole discretion and on written notice to the affected party, terminate this Agreement without further liability. Each party bears its own additional exp...
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Delivery and service periods. 3.1. Delivery and service deadlines and delivery and service periods, which can be arranged to be binding or non-binding, must be indicated in writing. Delivery and service periods begin upon conclusion of the con- tract. If subsequent modifications to the contract are agreed upon, this also necessitates the stipulation of a new delivery and service date or a new delivery and service period. 3.2. The customer can withdraw from the contract or cancel a contract prematurely due to delays in deliv- ery or service if a binding delivery or service period has been exceeded by more than four weeks and a suit- able grace period with respect to type, scope, level of difficulty, etc. has expired unsatisfactorily. 3.3. Superior force and other unforeseeable extraordinary circumstances not due to negligence, such as difficulties in procuring materials, operational difficulties, strikes, lockouts, etc. shall extend the delivery and/or service period by the duration of the hindrance, even if theses events occur at the pre-supplier's facil- ities. If the delivery and/or the service becomes impossible or unfeasible due to the above circumstances, Tobit Software will be released from the obligation of delivery and/or service. If the delivery and/or service period is extended or if Tobit Software is released from the obligation of delivery and/or service, the cus- tomer can derive no claims for damages from this. Tobit Software can plead such circumstances only if it informs the customer without delay.
Sample 1
Delivery and service periods. 4.1 The agreed upon delivery and service periods are applicable in an approximate manner and are lengthened appropriately if they cannot be adhered to due to reasons for which meteocontrol GmbH is not responsible. 4.2 If the customer is in default of acceptance or if the customer infringes upon any other cooperation obligations that lead to delays, then meteocontrol GmbH is entitled to invoice any damages thus incurred, including any possible additional expenditures. meteocontrol GmbH reserves the right to any further claims. The danger of a general price decline or deterioration of products to be delivered devolve to the customer as soon as the customer is in default of acceptance or is otherwise negligent in fulfilling essential cooperation obligations. 4.3 Delivery and service delays due to acts of God are not the responsibility of meteocontrol GmbH even where obligatory time periods and deadlines agreed upon are concerned. Such entitles meteocontrol GmbH to postpone the delivery by the duration of the interference plus appropriate lead time. Beginning and end of such interference will be communicated to the customer by meteocontrol GmbH in timely fashion. If the "act of God" event has a duration greater than 60 (sixty) days, meteocontrol GmbH is then entitled to withdraw from the contract. This applies to the customer as well. Each party bears their own additional expenses that arise due to delivery, acceptance delay due to acts of God or that arise or shall arise due to withdrawal from contract because of acts of God. 4.4 meteocontrol GmbH reserves the right to carry out partial shipments.
Sample 1
Delivery and service periods. 4.1 The agreed upon delivery and service periods are applicable in an approximate manner and are lengthened appropriately if they cannot be adhered to due to reasons for which meteocontrol GmbH is not responsible. If delivery periods are specified, the date of the notification of readiness for dispatch is decisive for compliance with the delivery period. 4.2 If the customer is in default of acceptance or if the customer infringes upon any other cooperation obligations that lead to delays, then meteocontrol GmbH is entitled to invoice any damages thus incurred, including any possible additional expenditures. meteocontrol GmbH reserves the right to any further claims. The danger of a general price decline or deterioration of products to be delivered devolve to the customer as soon as the customer is in default of acceptance or is otherwise negligent in fulfilling essential cooperation obligations. 4.3 Delivery and service delays due to force majeure are not the responsibility of meteocontrol GmbH even where obligatory time periods and deadlines agreed upon are concerned. Such entitles meteocontrol GmbH to postpone the delivery by the duration of the interference plus appropriate lead time. Beginning and end of such interference will be communicated to the customer by meteocontrol GmbH in timely fashion. If the "force majeure" event has a duration greater than 60 (sixty) days, meteocontrol GmbH is then entitled to withdraw from the contract. This applies to the customer as well. Each party bears their own additional expenses that arise due to delivery, acceptance delay due to force majeure or that arise or shall arise due to withdrawal from contract because of force majeure. 4.4 meteocontrol GmbH reserves the right to carry out partial shipments, provided these are reasonable for the customer.
Sample 1

Related to Delivery and service periods

  • Service Period The Service Period of this Agreement is for 1 year in respect of the unit and starts on the Start Date as defined in the Terms and Conditions, or, in the case of an extension of renewal of the provision of Support Services, starts on the date of payment of the Charges.

  • Time Periods The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.

  • Service Terms Each Service Order will provide for a service term. At the end of the service term of any Service Order, unless either party gives written notice to the other party of its intention not to renew at least ninety (90) days before the end of a service term, the term of such Service Order will automatically renew for successive twelve (12) month periods. Termination of one Service Order will not affect the term of any other Service Order.

  • Term of Services The term of this Agreement shall begin on the Effective Date and shall end on , the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as referenced in Section 8.

  • COMMERCIAL REUSE OF SERVICES The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to 's sites.

  • Types of Services This Article governs the provision of internetwork facilities (i.e., physical interconnection services and facilities), meet point billing by GTE to Nextel or by Nextel to GTE and the transport and termination and billing of Local, IntraLATA Toll, optional EAS traffic and jointly provided Interexchange Carrier Access between GTE and Nextel. The services and facilities described in this Article IV shall be referred to as the "Services."

  • Grace Periods The related Mortgage or Mortgage Note provides a grace period for Monthly Payments no longer than ten (10) days from the applicable Due Date.

  • Notice Periods The notice period (expressed in Working Days) to be given by the Customer in respect of Clause 38.1 shall be the number of whole days that is 20% of the total duration of the final SOW to be executed under this Contract, up to a maximum of 30 Working Days. Partial days shall be discounted in the calculation and the duration of the SOW shall be calculated in Working Days. For example, if the duration of the SOW is 10 Working Days: 20% of the SOW is 2 days. The Notice Period = 2 Working Days; or if the duration of the SOW is 62 Working Days, 20% of the SOW is 12.

  • Service Term XOOM agrees to act as your exclusive natural gas supplier and will provide competitive retail natural gas service to you. The term of this Contract will begin when your local utility switches your account to XOOM and will continue on a month-to-month basis as set forth in the accompanying Product Sheet.

  • Term of Service Except as otherwise provided in this Agreement, Atlas shall serve as the Managing General Partner of the Partnership until either it:

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