Delivery Default. 3.1 Unless otherwise agreed, any dates quoted for delivery are non-binding.
3.2 We are entitled to make partial deliveries as far as the Purchaser must reasonably accept this in the circumstances of an individual case. The corresponding invoices issued are payable without regard to whether complete delivery has been made.
3.3 In the event delivery is delayed, the Purchaser may set us a reasonable grace period with the notice that he rejects the acceptance of the delivery item after expiry of the grace period. After the expiry of the grace period, the Purchaser is entitled to cancel the contract of sale through written notice or to request damages instead of performance. At our request the Purchaser is obligated to state within a reasonable period whether he cancels the contract due to delay in delivery, seeks damages instead of performance or insists on performance.
3.4 Our liability is set forth in para. 9. Furthermore in the event of slight negligence, our liability is limited to the invoice value of the respective delivery item.
Delivery Default. (a) Capricorn shall notify Primus immediately upon becoming aware of an event of force majeure or any other event that could reasonably be expected to render Capricorn unable timely to supply Primus with the quantity of Product specified in any outstanding purchase order or purchase forecast. Capricorn shall inform Primus, in reasonable detail, as to (i) the nature of the event in question, (ii) the steps that Capricorn is taking or intends to take to address such event, and (iii) the anticipated impact upon Capricorn’s ability to perform timely its obligations under this Agreement. Capricorn shall take all reasonable measures address such events as quickly as practicable
(b) In the event Capricorn fails timely to deliver the quantities of Product ordered by Primus hereunder, or (B) any units of Product delivered hereunder do not meet the Specifications or otherwise fail to conform to the requirements of this Agreement (a “Delivery Default”), then (i) within five (5) Business Days of the first such occurrence the Parties shall convene a meeting of the Joint Steering Committee to review the causes for the Delivery Default, (ii) Capricorn shall provide to the Joint Steering Committee a plan, specifying the measures to be taken to address the causes of the Delivery Default, and the timetable for implementing such measures, and (iii) Capricorn shall thereafter exercise diligent efforts to resume production or correct problems in its Manufacturing Facility or processes as quickly as possible. Capricorn shall notify Primus in writing upon resumption of production and of its timetable for delivering the Product pursuant to any outstanding purchase orders.
(c) In the event of any Delivery Default, and following a meeting of the Joint Steering Committee as set forth in paragraph (a), Primus may, cancel, without charge or penalty, all or any unfulfilled portion of any outstanding purchase orders.
(d) Without limiting Sections 8.4 and 8.5 of this Agreement (and subject thereto), the sole remedy of Primus in connection with a Delivery Default shall be (i) replacement of non-conforming Product, if able and applicable, and (ii) consistent with and subject to Article VIII, indemnification of Primus with respect to either third party claims for product liability (e.g. consumer is physically harmed) and costs of recall, in each case to the extent such product liability or recall costs and expenses are caused by such Delivery Default. Without limiting Sections 8.4 and 8.5 o...
Delivery Default rescission
Delivery Default. 5.1 If Main Conditions foresee deliveiy on loan, at Licensee’s expense, DW shall deliver the Delivery Items on loan for copying purposes only for a period not exceeding 30 (thirty) days to Licensee at Licensee’s delivery address, of which Licensee shall inform DW in writing. The Delivery Items of the technical material shall be returned undamaged to DW at Licensee’s cost immediately after Licensee has copied the material. In case that Licensee does not return the Delivery Items within the agreed time period, Licensee shall pay the full reproduction costs of the Delivery Items.
5.2 If Main Conditions foresee delivery at cost, Licensee will order from DW the Delivery Items as required for the exploitation of the PROGRAMME and Licensee will clear said materials and take possession of same as soon as possible, but no later than within four weeks from and after the date of arrival thereof at Licensee’s destination. DW will supply the material and documents available upon receipt of Licensee’s written order and at Licensee’s cost. DW will send an invoice to Licensee after receipt of its order, payable upon receipt by Licensee. All deliveries to Licensee shall be prepaid and at Licensee’s risk.
5.3 Licensee shall have the right to inspect and examine all Delivery Items and shall advise DW within 15 (fifteen) days after delivery if and wherein the same is not complete, whereupon DW shall promptly deliver to Licensee the items of which it failed to make delivery of it in first instance. Licensee shall have 30 (thirty) days after delivery of any Delivery Item to raise any objection to its technical quality.
5.4 If Licensee fails to do so in time and/or detailing all points where Licensee has seen incomplete delivery or technical failure in the respective Delivery Items, any complaints shall be ruled out and the Delivery Items shall be deemed accepted. The same applies if no material delivery shall take place as Licensee is in possession of the Delivery Items.
5.5 In the event of rejection of the Delivery Items in due time, Licensee shall identify the defective material and give detailed reasons for such rejection by providing DW with a precise technical report, detailing all points where Licensee has seen technical failure in the material. Licensee shall request that DW shall deliver substitute delivery material (hereinafter referred to as Substitute Delivery Material) of the same PROGRAMME to replace the defective material.
5.6 Within 30 (thirty) days of receipt of...
Delivery Default. If the Pledgor fails to make, when due, any Transfer of Collateral, it shall pay to the Secured Party, to the extent permitted under applicable law, an amount equal to interest at the Default Rate (as that expression is defined in the Agreement) multiplied by the Value of the Collateral which was required to be Transferred, from (and including) the date that such Collateral was required to be Transferred to (but excluding) the date of the Transfer. This interest will be calculated on a daily rate by reference to the actual number of days elapsed.
Delivery Default. The Contract Operating Officers will be at liberty to purchase supplies at the risk and expense of the contractors in case the supplies are not tendered by stipulated date. Any extra expenditure involved will be recovered from the security deposit/payment due against supplies already made/to be made.
Delivery Default. 5.1 Supplier shall deliver the goods or services to 3M at the time and place and in the manner specified in the PO. Unless otherwise agreed, the delivery of goods or services shall make a reference to the PO’s number, full particulars of the goods or services and any instructions or other information required to enable 3M to inspect and accept the goods and the services. If no delivery time is specified in the PO, the goods or services shall be delivered during 3M’s normal business hours.
5.2 All goods delivered by Supplier to 3M shall be stillaged, palletized or packed to 3M’s requirements without additional charge.
5.3 Hazardous goods must be marked by Supplier with international Hazardous symbol(s) and display the name of the material in English together with being labelled in accordance with the Globally Harmonized System of Classification and Labelling of Chemicals. Transport and other documents must include a declaration of the hazard and name of the material in English. Goods must be accompanied by emergency information in English in the form of written instructions, labels and markings. All information which is held by or reasonably available to Supplier regarding any potential hazards known or believed to exist in the transport, handling or use of the goods supplied shall be promptly communicated to 3M.
5.4 If a delivery is not made by the date indicated in the PO, 3M may, in addition to its other rights, cancel the PO, may obtain such goods or services elsewhere. Supplier shall be liable to 3M for all expenses, losses and costs incurred by 3M.
5.5 If the services are not performed or the goods and/or deliverables of the services are not delivered in accordance with the PO Terms, 3M shall have the right, without prejudice to any other remedies available to it including the right of rejection under Clause 6. below, to terminate the PO by written notice.
Delivery Default. 6.6.1 Where the Product has not been delivered by the accepted Delivery Date as a consequence of Ventures errors or omissions, [****]
6.6.2 If during any quarter more than [****]% of Products are delivered late, a default of a material obligation under this Agreement for purposes of Section 22 hereunder shall be deemed to have occurred. For purposes of this subsection, late delivery is measured by reference to the accepted Delivery Date specified in the applicable Purchase Order and by reference to the provisions of Section 5. Additionally, for purposes of calculating the percentage of Product delivered late in a quarter, all Product delivered late in a given quarter shall be divided by all Product delivered in a given quarter.
6.6.3 Notwithstanding the foregoing, the provisions of this Section 6.6 shall not apply to the extent that any delay is caused by a Force Majeure Event or is caused by Hypercom’s breach of its obligations under this Agreement.
Delivery Default. If the Seller fails to deliver the Commercial Residential Buildings in accordance with the terms hereof:
(i) If the delay is within 45 days (including 45 days), the Seller shall pay the Purchaser liquidated damages equal to 2%oo of the then paid amount of the Purchase Price accrued on a daily basis up to the date on which the Seller delivers the Commercial Residential Buildings. The Seller shall pay such liquidated damages within 30 days after the delivery of the Commercial Residential Buildings;
(ii) If the delay is beyond 45 days, the Purchaser shall be entitled to terminate this Agreement. If the Purchaser elects to terminate this Agreement, the Seller shall pay the Purchaser 1% of the Purchase Price as liquidated damages and refund all the paid amount of the Purchase Price. If the Purchaser elects to enforce this Agreement, the Seller shall pay the Purchaser liquidated damages equal to 2%oo of the then paid amount of the Purchase Price accrued on a daily basis up to the date on which the Seller delivers the Commercial Residential Buildings. The Seller shall pay such liquidated damages within 30 days after the delivery of the Commercial Residential Buildings.
Delivery Default. In the unlikely event that an Order is canceled by a delivery personnel, the customer will be fully refunded.
I. If the delivery default is the fault of the delivery personnel, the delivery personnel will be charged with the cost of the order, and the Vendor will receive the amount owing to the Vendor for that order.
