Delivery Guarantee Sample Clauses

Delivery Guarantee. We will, upon your request and subject to the restrictions below, provide a refund of the Rate you paid for Guaranteed Parcels that do not arrive at the recipient address on or before the Delivery Date (“Guarantee”) subject to the following conditions: (1) You must use a shipping label generated by the PBI Products for USPS Priority Mail. (2) If you ship multiple Parcels in the same shipment, each Parcel will carry its own Guarantee, therefore a refund will only be applied to the Rates paid for the Parcels not delivered by the Guaranteed Delivery Date, and not the entire shipment. (3) The Guarantee is exclusive of all other items, including, without limitation, fines, taxes or other charges or amounts (such as any fuel surcharge component), and transportation charges resulting from returned shipments. (4) You must notify us of any claim for late or failed delivery in writing to XXXXxxxxx@xx.xxx within fourteen (14) days of the Tender date and provide us with the shipment identification number, the date of shipment, and complete recipient information. Within sixty (60) days after you notify us, we will either: (a) Provide you with a refund as a credit to your Purchase Power account; (b) Provide you with information explaining the reason that the Parcel is not eligible for the Guarantee under the applicable limitations or exclusions; or (c) Provide you with evidence of timely delivery. (5) The Guarantee will not apply where late delivery or failure to deliver is due to circumstances beyond our or the USPS’s control including, but not limited to, inaccurate or incomplete shipment information, delivery instructions or other information. (6) The Guarantee does not apply to any Parcel that contains Unacceptable Goods as defined in section 6.1(2) below, or any Parcel that does not meet restrictions on, e.g., size, weight, commodity or value identified by us or the USPS.
Sample 1
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Delivery Guarantee. The Photographer will deliver unedited proofs in digital format of the wedding photographs within 14 days of the wedding date and other items as described under paragraph (h), above, within 5 weeks of receiving the final selection from client. Other orders for photographs will be delivered within 4 weeks from the date of order.
Sample 1
Delivery Guarantee. (NOT TO BE USED FOR A SIGNATURE GUARANTEE)
Sample 1
Delivery Guarantee. 3.10.2.1. Delivery guarantees are given to the Customer, and the Provider will compensate the Customer if the OSD exceeds the agreed CDD for reasons caused by the Provider, its agents, contractors or sub-­‐contractors. The Provider will also commence the necessary procedures to ensure that alternative connectivity is provisioned in order to ensure continuity of the Customer Services in those countries affected by any delay from the OSD. 3.10.2.2. If the OSD of a Service Item occurs after its CDD, the Provider will compensate the Customer by a rate of 4% of the monthly recurring charges per day payable for the period between the CDD and the OSD subject to a cap of 100% of the monthly recurring charge. If necessary, the Provider will also commence the necessary procedures to ensure that alternative connectivity is provisioned in order to ensure continuity of service in respect of Service Items affected by any such delay. 3.10.2.3. At the Customer’s sole discretion such compensation may be deducted from any subsequent charge payable by the Customer. Compensation will be applied as a deduction from the charges otherwise payable by the Customer for the month following the month giving rise to the compensation. Cash compensation will be made in case such payables do not exist.
Sample 1
Delivery Guarantee. 9.1. In the event the Delivery Date has not taken place by ninety (90) days at the latest from the Date of Agreement, the Customer shall be entitled to demand a deduction of an amount corresponding to fifty (50) percent of the fixed fee paid for the unusable Service. 9.2. In the event the Delivery Date has not taken place by one hundred and twenty (120) days at the latest from the Date of Agreement, the Customer shall be entitled to terminate the Agreement. In the event the Agreement is terminated, any and all performance made shall be rescinded and all dealings shall be deemed settled, with the consequence, inter alia, that no further compensation shall be refunded to the Customer other than any fees paid by the Customer. 9.3. The delivery guarantee in this section 9 shall apply only if the delay in accordance with the provisions above is exclusively due to circumstances imputable to the Provider. Such shall not be deemed to be the case if, for example: • The delay is wholly or partially imputable to an operator other than the Provider, which may be the case due to such operator having a longer delivery time than the Provider. • The delay is wholly or partially imputable to the Customer, which may be the case if the Customer’s equipment is defective or incompatible with the Service, if the Customer affects or changes the date for installation/Delivery Date, or if the Customer has failed to perform its obligations under the Agreement. • The Provider or its representative is not afforded access to relevant facilities. • Information in the Agreement or in Customer Data Information is incorrect and the Provider is unable to obtain correct information (confirmed) by the Customer prior to planned installation. • The Customer has failed to provide complete and correct information or reviewed documents and notified decisions and otherwise fail to provide the information which is necessary to enable the Provider to perform its obligations. • The existence of force majeure (see section 22).
Sample 1
Delivery Guarantee. Addendum to Lease # 490280 dated April 3rd, 2005 between Nationwide Funding, LLC as Lessor and, IsoRay Medical, Inc. as Lessee. Lessee understands and agrees that in the event the Lessee is not satisfied with the working condition of the equipment that Lessee shall only look to persons other than Lessor or its assigns such as the manufacturer, vendor, installer, or carrier, and shall not assert against Lessor or its assigns any claim or defense that Lessee may have with reference to the Equipment, its installation, or delivery. Lessee understands that despite the fact that certain items of Equipment to be leased have not been delivered or installed, this Addendum authorized Lessor to start the Lease and Leasee’s duty to make monthly payments will commence immediately. Further, Lessee authorizes Lessor to pay: Premier Technology, Inc. is the vendor for the equipment and the Lessee understands that payment shall begin on the same date that the Lessee executes this agreement and shall be continuous thereafter per the terms of the Lease. $ 37,500.00 Will be paid to Premier Technology, Inc (Vendor) upon execution of this agreement. $ 37,500.00 Will be paid to Premier Technology, Inc (Vendor) upon final verification by Lessee after completion of delivery and installation. Nationwide Funding, LLC IsoRay Medical, Inc. Lessor Lessee /s/ Exxx Xxxx /s/ Mxxxxxx Xxxxxx Signature Signature Exxx Xxxx, President Mxxxxxx Xxxxxx, CFO Name & Title Name & Title 04-14-05 4/12/05 Date Date Vendor: Premier Technology, Inc.
Sample 1

Related to Delivery Guarantee

  • Daily Guarantee (a) Subject to the provisions of Subsection (c), an employee reporting for a scheduled shift on the call of the Corporation, shall receive the employee's regular hourly rate of pay for the entire period spent at the place of work, with a minimum of two (2) hours' pay at the regular hourly rate. (b) Subject to the provisions of Subsection (c), an employee other than a school student on a school day who commences work on a scheduled shift, shall receive the employee's regular hourly rate of pay for the entire period spent at the place of work, with a minimum of four (4) hours' pay at the regular hourly rate. (c) In any case where an employee: (i) reports for a regular shift but refuses to commence work, or (ii) commences work but refuses to continue working, the employee shall not be entitled to receive the minimum payments set forth in Subsections (a) and (b).

  • The Guarantee Each Guarantor hereby jointly and severally with the other Guarantors guarantees, as a primary obligor and not merely as a surety to each Secured Party and their respective permitted successors and assigns, the prompt payment in full when due (whether at stated maturity, by required prepayment, declaration, demand, by acceleration or otherwise) of the principal of and interest (including any interest, fees, costs or charges that would accrue but for the provisions of (i) the Title 11 of the United States Code after any bankruptcy or insolvency petition under Title 11 of the United States Code and (ii) any other Debtor Relief Laws) on the Loans made by the Lenders to, and the Notes held by each Lender of, the Borrower, and all other Secured Obligations from time to time owing to the Secured Parties by any Loan Party or any Subsidiary under any Loan Document or any Secured Hedge Agreement or any Treasury Services Agreement, in each case strictly in accordance with the terms thereof (such obligations, including any future increases in the amount thereof, being herein collectively called the “Guaranteed Obligations”); provided, however, that Guaranteed Obligations shall exclude all Excluded Swap Obligations. The Guarantors hereby jointly and severally agree that if the Borrower or other Guarantor(s) shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Guarantors will promptly pay the same in cash, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

  • Guarantee The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

  • Agreement to Guarantee The Guaranteeing Subsidiary hereby agrees to provide an unconditional Guarantee on the terms and subject to the conditions set forth in the Note Guarantee and in the Indenture including but not limited to Article 10 thereof.

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