Failed Delivery Sample Clauses

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Failed Delivery an Order that is cancelled for unsuccessful delivery, for example due to: (i) the delivery address (either physical or email) provided by the Buyer or by Lazada being incorrect; (ii) where acceptance of delivery of the Product is required, the Buyer being unable to accept the Product; (iii) where the Product is a physical product, the Buyer refusing to accept the delivery of the Product in accordance with the Policies; or (iv) where the Buyer remains uncontactable after various attempts (the number of delivery attempts shall be determined by the relevant carrier).
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Failed Delivery. Notwithstanding anything in this Agreement to the contrary, CAI shall not be liable to AWA for the failure to deliver any Aircraft during a Scheduled Delivery Week (a "FAILED DELIVERY") if: (i) the failure to deliver is the result of the manufacturer's failure to deliver the Aircraft to CAI as a result events, facts or circumstances beyond the control of CAI and not directly or indirectly attributable to or arising or resulting from the acts or omissions of CAI, its agents, employees or contractors; (ii) CAI uses commercially reasonable efforts to acquire a replacement aircraft for the Aircraft that was not delivered; and (iii) CAI pays to AWA any compensation, damages or award obtained by Mesa from the manufacturer as a result of the failed delivery (an "EXCUSED FAILURE"). In the event of a Failed Delivery, CAI shall use commercially reasonable efforts to obtain the applicable Aircraft as soon as practicable after the Scheduled Delivery Week. If the Aircraft that is the subject of a Failed Delivery is not delivered within 90 days after the Scheduled Delivery Week, then AWA shall have the option to elect not to include such Aircraft under this Agreement by providing written notice to CAI at any time prior to the actual delivery of such Aircraft. If a Failed Delivery is not the result of an Excused Failure, then AWA shall have all rights and remedies under this Agreement for such Failed Delivery.
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Failed Delivery. Medartis may make an additional Delivery Charge if it is not able to deliver the Products when tendered due to any breach, act or omission of the Customer or of any person at the Delivery Location.
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Failed Delivery. A. The Logistics Parties acknowledge that a delivery failure (“Failed Delivery”) may occur for various reasons, including but not limited to: (i) the recipient’s name is incorrectly stated in the Delivery Note; (ii) the delivery address is incorrectly stated in the Delivery Note; (iii) there is no recipient available at the designated delivery address to receive the Package; (iv) the recipient refuses to receive the Package; and/or (v) any other reasons as determined by ▇▇▇. B. In the event of Failed Delivery due to the reasons stated above: (i) LEI shall retain the Package and make any reasonable efforts to deliver the Package to the Seller’s address as may be set out in the Policies notified to Seller from time to time by LEI (through Lazada); and (ii) If LEI is unable to return the Package to the Seller despite taking reasonable efforts in accordance with the applicable Policies, including to contact Seller (through Lazada), or LEI reasonably determines that it is not reasonably practicable to return the Package to Seller, and following expiration of the Seller’s claim period (as determined in the Policies), the Package and the Products contained in the Package may be released, disposed of or sold by LEI at its sole discretion, without incurring any liability whatsoever to Seller or any other party, in accordance with Lazada and/or LEI’s Policies as notified from time to time.
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Failed Delivery an Order that is cancelled for unsuccessful delivery, for example due to: (i) the delivery address (either physical or email) provided by the Buyer or by AgendasuriaMall being incorrect; (ii) where acceptance of delivery of the Product is required, the Buyer being unable to accept the Product; (iii) where the Product is a physical product, the Buyer refusing to accept the delivery of the Product in accordance with the Policies; or (iv) where the Buyer remains uncontactable after various attempts (the number of delivery attempts shall be determined by the relevant carrier). FBL: Fulfilment by AgendasuriaMall (see explanation under Clause 5A and Annex 3). Fee: the service fee payable by you to AgendasuriaMall in consideration for the provision of Services, which shall be calculated in accordance with Schedule A. Force Majeure: any event or cause beyond a Party's reasonable control including but not limited to: (i) an act of God, explosion, flood, tempest, fire or accident; (ii) war or threat of war, sabotage, insurrection, civil disturbance or requisition, act of terrorism or civil unrest; (iii) Acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; (iv) import or export regulations or embargoes; (v) interruption of traffic, strikes, lock-outs or other industrial actions ortrade disputes (whether involving employees of AgendasuriaMall or AgendasuriaMall Affiliates, or of a third party); and (vi) health epidemics declared by the World Health Organization. Fulfilled Buyer Contract: an Order the status of which is showing as ,"Delivered, in Seller Center, or is otherwise deemed by AgendasuriaMall as having been executed by you, including instalments thereof.
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Failed Delivery. In the event that the Supplier receives notification from any shipping, courier or delivery company that delivery of the Goods to the Buyer has failed, the Supplier may, in their absolute discretion, pass on any delivery failure fee charged by the shipping, courier or delivery company to the Buyer by way of an additional invoice.
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Failed Delivery. 8.1. If you are not present at the time of delivery, a delivery note will be left inviting you to contact the delivery company directly in order to arrange collection or—if you have selected a courier service when placing your order—re-delivery at a convenient time. If the delivery company is unable to deliver to you the parcel may be returned to the postal service’s sorting office or the courier's warehouse and you will be contacted. If the delivery company then returns the items to us, we will refund you for the value of the items ordered but not for the delivery charge. 8.2. If after thirty days following notification of the tracking number you have not received the parcel or a delivery note, you must email us at ▇▇▇▇▇▇▇▇.▇▇▇▇▇▇▇▇@▇▇▇▇▇▇▇▇▇▇▇▇▇.▇▇▇. If the parcel is found it will be sent to you immediately. In the event that the parcel has been lost, we will refund the total amount of the order including delivery costs.
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Failed Delivery any Good which cannot be successfully delivered because a) the delivery address reported on the Order is not correct; b) the Customer is not reachable after various attempts – the number of delivery attempts will be defined by the carrier; or c) the Customer refuses and cancels the Order when the Good is delivered to the address specified on the Order
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Failed Delivery when delivery to the recipient cannot be made due to a fault not imputable to the Carrier.
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Related to Failed Delivery

  • Shipment and Delivery Seller grants the Company the right at any time to specify the carrier and/or method of transportation to be employed in conveying any part or all of the Goods covered herein. In the event that Seller uses an unauthorized carrier and/or method of transportation, then all shipping expenses shall be assumed by Seller. Unless otherwise stated in the Order, all Goods will be shipped FCA shipment point. FCA shall be interpreted in accordance with the version of Incoterms valid at the time of the Seller’s acceptance of the Order. The Seller shall be responsible for preparing and filing all export documentation for all shipments. The Company shall not be obligated to accept early deliveries, partial deliveries or excess deliveries. If Goods are incorrectly delivered, the Seller shall be responsible for any additional expense incurred in delivering the Goods to the correct destination. The delivery date set forth on the Order is of the essence of the Contract. If the Seller anticipates that it will not be able to deliver the Goods upon the agreed delivery date, then the Seller shall immediately notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to on-time delivery hereunder. In such event, the Company may request that the Seller expedite delivery to the maximum extent possible at the Seller’s sole expense. If the Seller does not deliver the Goods by the agreed delivery date, then the Company shall be entitled to liquidated damages as agreed between the parties, up to and including the total Order value. Notwithstanding the foregoing, the Company reserves the right to claim repayment for any and all costs, losses, expenses and damages incurred by the Company that are attributable to the Seller’s delay in delivery. Such liquidated damages shall be paid at the Company’s written demand. Partial deliveries shall not relieve the Seller from liability for any late delivery hereunder. If the Seller discovers that it has shipped any non-conforming Goods to the Company, it shall immediately (and not more than 24 hours after such discovery) notify the Company thereof in writing; provided, however, that such notice shall not relieve the Seller of its responsibilities and liabilities with respect to defective goods hereunder.