Delivery Dates for Services. 9.1 Anabytics shall use reasonable endeavours to meet the performance dates specified in any Project Document or applicable Schedule, but unless otherwise agreed in writing, any such dates shall be estimates only and time shall not be of the essence (provided always that Anabytics shall use all reasonable endeavours to complete delivery as soon as reasonably possible).
9.2 Delivery shall be made during normal Business Hours (excluding bank or public holidays). Anabytics may levy additional charges for any deliveries made outside such hours at the Customer's request.
9.3 Unless otherwise detailed in applicable Project Documentation, the Customer shall be responsible (at the Customer's cost) for preparing the delivery location for the delivery of the Software and/or Services and for the provision of all necessary access and facilities reasonably required by Anabytics.
9.4 Unless otherwise set out in an Order Form or other Project Documentation, Anabytics is not responsible for unpacking, installing, or checking the Software, which will be the responsibility of the Customer.
9.5 Extensions of time to any delivery dates for the provision of Services. Anabytics shall be given an extension of the timetable of any one or more of the stages in any Project Document or for any other Services if one of more of the following events occurs:
(a) a variation to Services is made at the Customer's request or a request is made for something out of
9.6 If Anabytics is entitled to an extension of time under clause 9.5, it shall give written notice to the Customer not later than thirty days after having become aware of the event. Such notice shall specify the event relied on and, in the case of a force majeure event, shall estimate the probable extent of the delay.
9.7 The Parties shall use best endeavours to agree in writing, signed by both Parties, what extension of time and variation to the Agreement is reasonable in the circumstances. Any SOW or any applicable timetable or Fees payable shall be deemed amended accordingly.
9.8 If Anabytics’ performance of its obligations under this Agreement is hindered, prevented or delayed by any act or omission of the Customer, the Customer’s agents, subcontractors or employees, the Customer will be liable to pay to Anabytics, on demand, all reasonable costs, charges or losses sustained or incurred by it (including loss of opportunity to use Anabytics resources elsewhere), subject to Anabytics confirming such costs, charges and losses to...
Delivery Dates for Services. 6.1 AEL shall use reasonable endeavours to meet the performance dates specified in any Project Document or applicable Schedule, but unless otherwise agreed in writing, any such dates shall be estimates only.
6.2 Delivery shall be made during normal Business Hours (excluding bank or public holidays). AEL may levy additional charges for any deliveries made outside such hours at the Buyer's request.
6.3 Unless otherwise detailed in applicable Project Documentation, the Buyer shall be responsible (at the Buyer's cost) for preparing the delivery location for the delivery of the Services and for the provision of all necessary access and facilities reasonably required by AEL.
6.4 AEL shall be given an extension of the timetable of any one or more of the stages of the services if one of more of the following events occurs:
6.4.1 a variation to Services is made at the Buyer's request or a request is made for something out of scope;
6.4.2 a Force Majeure Event occurs as described in this Agreement;
6.4.3 a delay is caused in whole or in part by an action or omission of the Buyer or its employees, agents or any third-party.
6.5 If AEL is entitled to an extension of time under clause 6.4, it shall give written notice to the Buyer not later than thirty days after having become aware of the event. Such notice shall specify the event relied on and, in the case of a force majeure event, shall estimate the probable extent of the delay.
6.6 The Parties shall use best endeavours to agree in writing, signed by both Parties, what extension of time and variation to the Agreement is reasonable in the circumstances. Any SOW or any applicable timetable or Fees payable shall be deemed amended accordingly.
6.7 If AEL’ performance of its obligations under this Agreement is hindered, prevented or delayed by any act or omission of the Buyer, the Buyer’s agents, subcontractors or employees, the Buyer will be liable to pay to AEL, on demand, all reasonable costs, charges or losses sustained or incurred by it (including loss of opportunity to use AEL resources elsewhere), subject to AEL confirming such costs, charges and losses to the Buyer in writing. If AEL can demonstrate that the delay has resulted in an increase in cost to AEL of carrying out its obligations under this Agreement, AEL may at its sole discretion increase any applicable Fees by an amount not exceeding any such demonstrable cost.
6.8 Where applicable the Parties shall agree acceptance tests for the Services as detailed i...
Delivery Dates for Services
