DELIVERY OF WORKS. WSS shall deliver all Deliverables to WDIG promptly upon their completion or the sooner termination of WSS' services hereunder. WSS agrees to execute any and all documents as requested by WDIG to further evidence any of the transfers or assignments provided for herein. *** Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions.
DELIVERY OF WORKS. (a) Packing, insurance and transportation of Works shall be Artist’s responsibility and at its cost. Artist agrees to provide gallery with his/her/biography and a selection of images (or other printed or digital reproductions) of the Consigned and Commissioned Works as they are completed.
(b) Gallery shall document receipt of all Works consigned by signing and returning to Artist a Record of Consignment, including the public offering price, within ten (10) business days of gallery’s receipt of the Work(s).
DELIVERY OF WORKS. (a) The Developer must carry out each of the Works in accordance with the timing specified in schedule 2.
(b) When the Developer is of the reasonable opinion that Practical Completion has been reached, the Developer must notify the Council in writing within 30 Business Days, specifying the date on which, in its opinion, Practical Completion has been reached.
DELIVERY OF WORKS. 1. The supplier will endeavour to complete works under this agreement at agreed dates, however time of completion shall not be the essence of this agreement and thus the supplier will not be held liable for any losses incurred by the client for any such delays.
2. In the event either the client or the supplier is unable to perform its obligations under the terms of this agreement, or is reasonably delayed in doing so, in part or whole, because of acts of God, war, civil commotion, pandemics, epidemics, Government restrictions, fire, flooding, equipment failure, theft, ill‐health to them or their dependant family members or other causes reasonably beyond their control, such party shall not be liable to the other for any damages resulting from such failure to perform or otherwise from such causes. It is also agreed for any such circumstance as described here, it is reasonable to re‐negotiate realistic delivery dates for all parties.
3. Deliverables are only made available to the client / published online / services maintained after all invoices are paid. The supplier reserves the right to withhold all project deliverables, as well as copyright of all works / suspend services (including but not limited to the suspension of websites, email, SSL and domain names), until such a time all invoices due are settled in full.
4. The supplier will hold intellectual copyright of any material, including but not limited to artwork, designs, source code, graphics, photos, illustrations, literature and/or data until any fees due are settled in full.
5. The supplier reserves the right to design credit any works to them, produced under this agreement and/or any non‐quoted work undertaken on behalf of the client. Design credits typically present as a brand name/service descriptor of the supplier on digital/printed media in a reasonable placement at the discretion of the supplier. The client may request the removal/exclusion of a design credit at the cost of 10% of the total project cost (made up of the original quotation value, plus any additional charges pertaining to the project).
6. The client agrees to grant the supplier a worldwide, perpetual, non‐exclusive licence to use examples of the projects deliverables in its portfolio for advertising, marketing and promotional marketing activities, including technical details as long as it does not present a security threat to the client or the supplier.
DELIVERY OF WORKS. 4.1. At the Contractor’s sole discretion delivery of the Works shall take place when the Client takes possession of the Works at the Client’s nominated address (in the event that the Works are delivered by the Contractor or the Contractor’s nominated carrier).
4.2. At the Contractor’s sole discretion the costs of delivery are:
(a) in addition to the Price; or
(b) for the Client’s account.
4.3. The Client shall make all arrangements necessary to take delivery of the Works whenever they are tendered for delivery. In the event that the Client is unable to take delivery of the Works as arranged then the Contractor shall be entitled to charge a reasonable fee for redelivery.
4.4. Delivery of the Works to a third party nominated by the Client is deemed to be delivery to the Client for the purposes of this agreement.
4.5. The Contractor may deliver the Works by separate instalments. Each separate instalment shall be invoiced and paid for in accordance with the provisions in these terms and conditions.
4.6. The failure of the Contractor to deliver shall not entitle either party to treat this contract as repudiated.
4.7. The Contractor shall not be liable for any loss or damage whatever due to failure by the Contractor to deliver the Works (or any of them) promptly or at all, where due to circumstances beyond the control of the Contractor.
DELIVERY OF WORKS. 6.1 The Contractor will use reasonable endeavours to commence and complete the Works within a reasonable time.
6.2 The Contractor will advise the Customer of the estimated date upon which the Works will commence and be completed.
6.3 The dates for commencement and completion of the Works are estimates only, and the Contractor must not be held liable for any costs incurred by the Customer due to any unforeseen delays in completing the Works (including but not limited to delays with the delivery of Materials).
6.4 Failure to meet any estimated date for completion of the works does not enable the Customer to terminate the Agreement.
6.5 The Works will be deemed to be practically complete when the Works carried out under this Agreement have been completed in accordance with the description of works in this Agreement (including any plans and specifications if applicable) and those Works can be used by the Customer for their intended purpose, are free of major defects, and all other statutory requirements have been met.
6.6 The Contractor is entitled to retain, by way of lien, any reports or documents relating to the Works which are in the possession of the Contractor until the Contract Price or money due to the Contractor have been paid for the Works.
DELIVERY OF WORKS. 6.1. The Contractor will use its best endeavours to commence and complete the Works within a reasonable time.
6.2. The Contractor will advise the Customer of the estimated date upon which the Works will commence and be completed.
6.3. The dates for commencement and completion of the Works are estimates only, and the Contractor shall not be held liable for any costs incurred by the Client due to any unforeseen delays in completing the Works (including but not limited to delays with the delivery of materials).
6.4. Failure to meet any estimated date for completion of the works does not enable the Customer to terminate the Agreement.
6.5. The Works shall be deemed to be practically complete when the Works carried out under this Agreement have been completed in accordance with the description of works in this Agreement (including any plans and specifications if applicable) and those Works can be used by the Customer for their intended purpose, are free of major defects, and all other statutory requirements have been met.
6.6. Unless otherwise agreed in writing between the parties, the Contract Price does not include work for any Excavation Work.
6.7. If the Works involve any Excavation Work, then the Contractor will take all reasonable care to avoid damages to any underground services, however the Customer agrees to indemnify the Contractor in respect of any and all liability claims, loss, damage, costs and fines as a result of damage to services.
6.8. In delivering the Works the Contractor may engage subcontractors to conduct the Works.
6.9. Any subcontractors engaged by the Contractor will be qualified and licensed and are technically capable of being able to carry out the Works in competent manner. Any subcontractors engaged by the Contractor will have appropriate and relevant policies of insurance.
6.10. The Contractor is entitled to retain, by way of lien, any reports or documents relating to the Works which are in the possession of the Contractor until the Contract Price or money due to the Contractor have been paid for the Works.
DELIVERY OF WORKS. After completion of the production, Image Professionals will deliver a suitable and extensive selection of the works which were created during production to the client. The agreed copyrights shall only be deemed to have been granted subject to the proviso that the agreed production has been recognized by the client as fulfilled in accordance with the contract and that Image Professionals has been paid in full and without deduction for its services. The data format of the delivered production shall be decided upon by the parties by mutual agreement. If no agreement was made, Image Professionals can choose a suitable data format and suitable data storage media. With the transmission of the image data to the client, the image material of the production shall be deemed to have been delivered. The client himself must ensure that the image data is kept in a safe place and enough copies have been made in order to prevent a loss of data. Image Professionals will normally keep the transferred image data for a period of six months, but accepts no guarantee for renewed transfer of data to the client.
DELIVERY OF WORKS. The Author commits themselves to deliver the finished Works via e-mail at: xxxxxxx@xxxxxxxxxxxxx.xx The Commissioning Party will notify the Author if they approve the Works within 3 business days upon delivery. If the Works are not approve, the Commissioning Party will send objections to the Works indicating specific defects within 3 business days upon delivery. The Author will implement the relevant corrections within 3 business days, and if the comments are unfounded, the Author will refer to them by an e-mail. After implementing the corrections or after the Author refers to the comments, the Commissioning Party is obliged to take back the Works that the Author has provided. No comments submitted mean that the Works are approved. The same effect is produced by the Commissioning Party failure to specify defects
DELIVERY OF WORKS. The Developer Parties must carry out each of the Works in accordance with the timing specified in Schedule 3.
