Common use of Delivery Period Clause in Contracts

Delivery Period. 6.1 The delivery period begins as soon as the Agreement has been entered into and all official formalities have been ob- tained or fulfilled, as the case may be. The delivery period shall be deemed to have been observed if the delivery has been made or the Purchaser has been notified that the deliverable is ready for shipment. Partial deliveries are permitted. 6.2 The delivery period shall be extended for a reasonable time: - if Siemens does not receive in a timely manner the infor- mation it requires in order to fulfil the Agreement, or if the Purchaser subsequently requests changes or additions; - if impediments arise that Siemens is unable to avert de- spite exercising due care, regardless of whether these im- pediments occur at the facility of Siemens, the Purchaser, or a third party. Such impediments include, by way of ex- ample: export and import restrictions, boycott orders of na- tional or supranational organisations, or official acts or omissions; labour conflicts and other disruptions of opera- tions not attributable to Siemens, epidemics, natural phe- nomena, hacker attacks, and terrorist activities. Should such impediments occur, Siemens shall inform the Pur- chaser promptly and keep it apprised of the extent and background of the impediments. - if the Purchaser or third parties engaged by it default on performing the work to be executed by them or on fulfilling their contractual duties, or if the Purchaser fails to comply with the payment terms. 6.3 In case of delays demonstrably caused by Siemens, the Pur- chaser has the right to claim compensation for losses resulting from default, provided the Purchaser can prove that it has in- curred a loss. If the Purchaser receives a substitute delivery in a timely manner, the aforementioned claim shall not apply. 6.4 As of the end of the second week, the compensation shall be no more than 0.5% for every full week of delay, but in total no more than 5%, calculated on the contractual price of the de- layed portion of the deliverable. 6.5 Once the compensation for losses resulting from default has reached the maximum, the Purchaser may grant Siemens a reasonable grace period in writing. If Siemens fails to comply with this period for reasons attributable to Siemens, the Pur- chaser has the right to decline acceptance of the late portion of the deliverable. If partial acceptance is financially unreasona- ble for the Purchaser, the Purchaser has the right to withdraw from the Agreement and to reclaim any prior payments made in exchange for return of the corresponding deliverables. 6.6 As regards late delivery or services, the Purchaser has no rights or claims except for those expressly specified in this pa- ra. 6. 6.7 If a particular date is agreed upon in lieu of a delivery period, this date shall be considered as the last day of a delivery peri- od. Paragraphs 6.1 through 6.6 are applicable accordingly.

Appears in 5 contracts

Samples: General Terms and Conditions, General Terms and Conditions, General Terms and Conditions

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Delivery Period. 6.1 The delivery period begins as soon as the Agreement has been entered into and all official formalities have been ob- tained obtained or fulfilled, as the case may be. The delivery period shall be deemed to have been observed if the delivery has been made or the Purchaser has been notified that the deliverable is ready for shipment. Partial deliveries deliv- eries are permitted. 6.2 The delivery period shall be extended for a reasonable time: - if Siemens does not receive in a timely manner the infor- mation information it requires in order to fulfil the Agreement, or if the Purchaser subsequently sub- sequently requests changes or additions; - if impediments arise that Siemens is unable to avert de- spite exercising despite ex- ercising due care, regardless of whether these im- pediments occur impediments oc- cur at the facility of Siemens, the Purchaser, or a third party. Such impediments include, by way of ex- ampleexample: export and import im- port restrictions, boycott orders of na- tional national or supranational organisationsor- ganisations, or official acts or omissions; labour conflicts and other disruptions of opera- tions operations not attributable to Siemens, epidemicsepi- demics, natural phe- nomenaphenomena, hacker attacks, and terrorist activitiesactivi- ties. Should such impediments occur, Siemens shall inform the Pur- chaser Purchaser promptly and keep it apprised of the extent and background back- ground of the impediments. - if the Purchaser or third parties engaged by it default on performing perform- ing the work to be executed by them or on fulfilling their contractual contrac- tual duties, or if the Purchaser fails to comply with the payment terms. 6.3 In case of delays demonstrably caused by Siemens, the Pur- chaser Purchaser has the right to claim compensation for losses resulting from default, provided the Purchaser can prove that it has in- curred incurred a loss. If the Purchaser receives a substitute delivery in a timely manner, the aforementioned claim shall not apply. 6.4 As of the end of the second week, the compensation shall be no more than 0.5% for every full week of delay, but in total no more than 5%, calculated on the contractual price of the de- layed delayed portion of the deliverable. 6.5 Once the compensation for losses resulting from default has reached the maximum, the Purchaser may grant Siemens a reasonable grace period in writing. If Siemens fails to comply with this period for reasons rea- sons attributable to Siemens, the Pur- chaser Purchaser has the right to decline acceptance of the late portion of the deliverable. If partial acceptance is financially unreasona- ble unreasonable for the Purchaser, the Purchaser has the right to withdraw from the Agreement and to reclaim any prior payments pay- ments made in exchange for return of the corresponding deliverables. 6.6 As regards late delivery or services, the Purchaser has no rights or claims except for those expressly specified in this pa- rapara. 6. 6.7 If a particular date is agreed upon in lieu of a delivery period, this date shall be considered as the last day of a delivery peri- odperiod. Paragraphs Para- graphs 6.1 through 6.6 are applicable accordingly.

Appears in 4 contracts

Samples: General Provisions and Software License Agreement, General Provisions and Software License Agreement, General Provisions and Software License Agreement

Delivery Period. 6.1 The delivery period begins as soon as the Agreement has been entered into and all official formalities have been ob- tained obtained or fulfilled, as the case may be. The delivery period shall be deemed to have been observed if the delivery has been made or the Purchaser has been notified that the deliverable is ready for shipment. Partial deliveries deliv- eries are permitted. 6.2 The delivery period shall be extended for a reasonable time: - if Siemens Yunex does not receive in a timely manner the infor- mation information it requires in order to fulfil the Agreement, or if the Purchaser subsequently sub- sequently requests changes or additions; - if impediments arise that Siemens Xxxxx is unable to avert de- spite exercising despite exer- cising due care, regardless of whether these im- pediments impediments occur at the facility of SiemensYunex, the Purchaser, or a third party. Such impediments im- pediments include, by way of ex- ampleexample: export and import restrictionsre- strictions, boycott orders of na- tional national or supranational organisationsorganisa- tions, or official acts or omissions; labour conflicts and other disruptions dis- ruptions of opera- tions operations not attributable to SiemensYunex, epidemics, natural phe- nomenanatu- ral phenomena, hacker attacks, and terrorist activities. Should such impediments occur, Siemens Xxxxx shall inform the Pur- chaser Purchaser promptly and keep it apprised of the extent and background of the impediments. - if the Purchaser or third parties engaged by it default on performing perform- ing the work to be executed by them or on fulfilling their contractual contrac- tual duties, or if the Purchaser fails to comply with the payment terms. 6.3 In case of delays demonstrably caused by SiemensXxxxx, the Pur- chaser Purchaser has the right to claim compensation for losses resulting from default, provided pro- vided the Purchaser can prove that it has in- curred incurred a loss. If the Purchaser Pur- chaser receives a substitute delivery in a timely manner, the aforementioned afore- mentioned claim shall not apply. 6.4 As of the end of the second week, the compensation shall be no more than 0.5% for every full week of delay, but in total no more than 5%, calculated on the contractual price of the de- layed delayed portion of the deliverable. 6.5 Once the compensation for losses resulting from default has reached the maximum, the Purchaser may grant Siemens Yunex a reasonable grace period in writing. If Siemens Xxxxx fails to comply with this period for reasons attributable to SiemensYunex, the Pur- chaser Purchaser has the right to decline acceptance ac- ceptance of the late portion of the deliverable. If partial acceptance is financially unreasona- ble unreasonable for the Purchaser, the Purchaser has the right to withdraw from the Agreement and to reclaim any prior payments pay- ments made in exchange for return of the corresponding deliverables. 6.6 As regards late delivery or services, the Purchaser has no rights or claims except for those expressly specified in this pa- rapara. 6. 6.7 If a particular date is agreed upon in lieu of a delivery period, this date shall be considered as the last day of a delivery peri- odperiod. Paragraphs Para- graphs 6.1 through 6.6 are applicable accordingly.

Appears in 3 contracts

Samples: General Delivery Conditions, General Delivery Conditions, General Conditions of Delivery

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Delivery Period. 6.1 The delivery period begins as soon as the Agreement has been entered into and all official formalities have been ob- tained obtained or fulfilled, as the case may be. The delivery period shall be deemed to have been observed if the delivery has been made or the Purchaser has been notified that the deliverable is ready for shipment. Partial deliveries deliv- eries are permitted. 6.2 The delivery period shall be extended for a reasonable time: - if Siemens Yunex does not receive in a timely manner the infor- mation information it requires in order to fulfil the Agreement, or if the Purchaser subsequently sub- sequently requests changes or additions; - if impediments arise that Siemens Xxxxx is unable to avert de- spite exercising despite exer- cising due care, regardless of whether these im- pediments impediments occur at the facility of SiemensYunex, the Purchaser, or a third party. Such impediments im- pediments include, by way of ex- ampleexample: export and import restrictionsre- strictions, boycott orders of na- tional national or supranational organisationsorganisa- tions, or official acts or omissions; labour conflicts and other disruptions dis- ruptions of opera- tions operations not attributable to SiemensYunex, epidemics, natural phe- nomenanatu- ral phenomena, hacker attacks, and terrorist activities. Should such impediments occur, Siemens Yunex shall inform the Pur- chaser Purchaser promptly and keep it apprised of the extent and background of the impediments. - if the Purchaser or third parties engaged by it default on performing perform- ing the work to be executed by them or on fulfilling their contractual contrac- tual duties, or if the Purchaser fails to comply with the payment terms. 6.3 In case of delays demonstrably caused by SiemensXxxxx, the Pur- chaser Purchaser has the right to claim compensation for losses resulting from default, provided pro- vided the Purchaser can prove that it has in- curred incurred a loss. If the Purchaser Pur- chaser receives a substitute delivery in a timely manner, the aforementioned afore- mentioned claim shall not apply. 6.4 As of the end of the second week, the compensation shall be no more than 0.5% for every full week of delay, but in total no more than 5%, calculated on the contractual price of the de- layed delayed portion of the deliverable. 6.5 Once the compensation for losses resulting from default has reached the maximum, the Purchaser may grant Siemens Yunex a reasonable grace period in writing. If Siemens Xxxxx fails to comply with this period for reasons attributable to SiemensYunex, the Pur- chaser Purchaser has the right to decline acceptance ac- ceptance of the late portion of the deliverable. If partial acceptance is financially unreasona- ble unreasonable for the Purchaser, the Purchaser has the right to withdraw from the Agreement and to reclaim any prior payments pay- ments made in exchange for return of the corresponding deliverables. 6.6 As regards late delivery or services, the Purchaser has no rights or claims except for those expressly specified in this pa- rapara. 6. 6.7 If a particular date is agreed upon in lieu of a delivery period, this date shall be considered as the last day of a delivery peri- odperiod. Paragraphs Para- graphs 6.1 through 6.6 are applicable accordingly.

Appears in 1 contract

Samples: General Conditions of Delivery

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