FAILURE TO ACCEPT DELIVERY Sample Clauses

FAILURE TO ACCEPT DELIVERY. If Purchaser fails to accept delivery at the scheduled time, the purchase price shall become due and payable in accordance with the original payment schedule and all risks associated with the product or parts of the product to be delivered, shall be borne by the Purchaser. Purchaser shall be responsible for all storage and handling costs incurred and to be incurred as a result thereof.
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FAILURE TO ACCEPT DELIVERY. The Buyer hereby agrees that if the Buyer fails to accept delivery within the time specified in paragraph (5) hereof, or any extension thereof, the Buyer will pay to the government as liquidated damages, and not as a penalty, the sum of $500 per day, in addition to any other actual damages, for each day it fails to accept delivery of the vessel. The Buyer shall be liable for the amount thereof, provided, however, that in the event of such default or failure of the Buyer in accepting delivery, the Contracting Officer shall also have the right, upon giving ten (10) days written notice to the Buyer (a) to store the Obsolete Vessel for the account and at the risk and expense of the Buyer, or (b) to resell such Obsolete Vessel for the account of the Buyer upon such terms and conditions as the Contracting Officer may deem proper, charging against the Buyer in either of such cases any excess cost occasioned the Government thereby, together with any liquidated damages accrued on account of such default or failure. The exercise by the Contracting Officer of one or more of the rights herein specified will not preclude the Contracting Officer from exercising any other rights the Contracting Officer may have against the Buyer.
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FAILURE TO ACCEPT DELIVERY. In the event the Customer has not accepted delivery of, and paid for, the Contracted Quantity of Fuel by the expiration of the Term, then the Coop shall have the right to charge the Customer the difference between the Price and the price of Fuel charged by the Coop at the expiration of the Term, multiplied by the number of gallons of the Contracted Quantity of Fuel the Customer has failed to purchase from the Coop during the Term. Alternatively, the Coop may, at its sole option, require that the Customer accept delivery of, and pay for, the number of gallons of the Contracted Quantity of Fuel the Customer has not purchased from the Coop during the Term at the Price.
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FAILURE TO ACCEPT DELIVERY. 10.1 The Hirer must accept Delivery of the Container whenever it is tendered for Delivery. 10.2 Where the Hirer fails to accept Delivery of the Container as arranged, Container Works, in its sole discretion, may immediately terminate this Hire Agreement, in which case, the Hirer will pay to Container Works all Service Charges plus one month’s Hire Charge. 10.3 The Hirer shall be liable for any additional costs that may be incurred due to the postponement or failure to accept Delivery by the Hirer including but not limited to re-delivery costs, transit costs to any storage facility (including Container Works’ premises), storage fees and Service Charges.
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FAILURE TO ACCEPT DELIVERY. Where the buyer fails to accept delivery of the goods, or fail to arrange for their collection, the company may, without prejudice to any other rights it may have, make such of the following provisions as it considers appropriate. a) it may store the goods at the buyer’s expense. b) it may insure the goods at the buyer’s expense. c) it may make additional charges for any further transport costs. d) it may proceed to sell the goods, on giving written notice to the buyer, and any loss suffered by ourselves shall be a debt owed by you to the company as though it were part of the invoice price. The contract goods), passes to the Company and the foregoing provisions e) It may maintain a lien on any property of the buyers with a right to sell any such property, which is in the Company’s possession, until such time as the buyer has paid in full all amounts outstanding under this clause. Where the Company exercises its right to sell, it will account to the buyer for any surplus after allowing for all amounts outstanding and for any costs and expenses incurred in relation to the goods. The foregoing provisions are also to apply where delivery or collection of the goods has been delayed or deferred at the buyer’s request, even though the Company may have agreed to such request.
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FAILURE TO ACCEPT DELIVERY. Where you, for whatever reason, fail to accept delivery of goods, or fail to arrange for their collection, the risk in those goods insofar as it had not previously passed shall be on you, and the following rules, or any of them, will Xxxxxxxx Lakes South Phone Fax e-mail Xxxxxxxx, Xxxxx xx Xxxxx XX0 0XX +00 (0)0000 000000 +00 (0)0000 000000 xxxxx@xxxxx.xx.xx apply but without prejudice to such other rights as the company might have, that is to say the company may: a) Store the goods at your expense (which shall include the costs of any extra security and insurance necessitated by such storage). b) Insure the goods at your expense. c) Charge any additional transport costs to your account. d) On giving you written notice, proceed to sell goods, and any loss suffered by the company shall be a debt owed by you to the company as though it were, or were part of, the invoice price. e) Exercise a lien on any other property of yours, and shall possess a right to sell such property, which is in the company’s possession, until such time as you have paid in full all amounts outstanding under this clause. Where the company exercises this right to sell, it shall account to you for any surplus after allowing for all amounts outstanding and for any costs and expenses it may have incurred in relation to the goods. For the avoidance of doubt, it is expressly agreed that the foregoing provision shall also apply where delivery or collection of the goods has been delayed or deferred at your request, and the company has agreed thereto.
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FAILURE TO ACCEPT DELIVERY. If the Customer is unable or otherwise fails to take delivery of the Solosafe Device as arranged, the Company is entitled to charge a reasonable fee (including its costs) for storage, insurance and re-delivery (as applicable) of any Solosafe Device.
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FAILURE TO ACCEPT DELIVERY. If the customer fails to accept delivery of the Goods, the Company shall, without prejudice to its other rights, be entitled to store the Goods at the customer's sole risk and expense and the customer shall pay all storage and additional delivery costs incurred until such delivery is accepted by customer. In the event the delivery is rejected because the customer alleges such Goods are defective, then the provisions of Section 10 (Defective Returns) shall apply.
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FAILURE TO ACCEPT DELIVERY. Where the buyer fails to accept delivery of the goods, or fail to arrange for their collection, the Company may, without prejudice to any other rights it may have, make such of the following provisions as it considers appropriate. i) It may store the goods at the buyer’s expense. ii) It may insure the goods at the buyer’s expense. iii) It may make additional charges for any further transport costs. iv) It may proceed to sell the goods, on giving written notice to the buyer, and any loss suffered by ourselves shall be a debt owed by you to the Company as though it were part of the invoice price. v) It may maintain a lien on any property of the buyers with a right to sell any such property, which is in the Company’s possession, until such time as the buyer has paid in full all amounts outstanding under this clause. Where the Company exercises its right to sell, it will account to the buyer for any surplus after allowing for all amounts outstanding and for any costs and expenses incurred in relation to the goods. The foregoing provisions are also to apply where delivery or collection of the goods has been delayed or deferred at the buyer’s request, even though the Company may have agreed to such request.
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Related to FAILURE TO ACCEPT DELIVERY

  • Failure to Deliver Applicable

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Deliver Shares Company understands that a delay in the issuance of Common Stock could result in economic damage to the Investor. If the Company fails to cause the delivery of the Shares when due, the Company shall pay to the Investor on demand in cash by wire transfer of immediately available funds to an account designated by the Investor as liquidated damages for such failure and not as a penalty, an amount equal to five percent (5%) of the payment required to be paid by the Investor on such Settlement Date (i.e., the Advance Amount) for the initial 30 days following such date until the Shares have been delivered, and an additional 5% for each additional 30-day period thereafter until the Shares have been delivered. If, by the third (3rd) business day after the Closing Date, the Company fails to deliver any portion of the shares of the Put to the Investor (the "Advance Shares Due") and the Investor purchases, in an open market transaction or otherwise, shares of Common Stock necessary to make delivery of shares which would have been delivered if the full amount of the shares to be delivered to the Investor by the Company (the "Open Market Share Purchase") , then the Company shall pay to the Investor, in addition to any other amounts due to Investor pursuant to the Put, and not in lieu thereof, the Open Market Adjustment Amount (as defined below). The "Open Market Adjustment Amount" is the amount equal to the excess, if any, of (x) the Investor's total purchase price (including brokerage commissions, if any) for the Open Market Share Purchase minus (y) the net proceeds (after brokerage commissions, if any) received by the Investor from the sale of the Advance Shares Due. The Company shall pay the Open Market Adjustment Amount to the Investor in immediately available funds within two (2) business days of written demand by the Investor. By way of illustration and not in limitation of the foregoing, if the Investor purchases shares of Common Stock having a total purchase price (including brokerage commissions) of $11,000 to cover an Open Market Purchase with respect to shares of Common Stock it sold for net proceeds of $10,000, the Open Market Purchase Adjustment Amount which the Company will be required to pay to the Investor will be $1,000.

  • Failure to Deliver Certificates If, in the case of any Notice of Conversion, such certificate or certificates are not delivered to or as directed by the applicable Holder by the Share Delivery Date, the Holder shall be entitled to elect by written notice to the Company at any time on or before its receipt of such certificate or certificates, to rescind such Conversion, in which event the Company shall promptly return to the Holder any original Note delivered to the Company and the Holder shall promptly return to the Company the Common Stock certificates issued to such Holder pursuant to the rescinded Conversion Notice.

  • Failure to Agree If the Contractor claims entitlement to a change in the Contract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contract, as it determines are appropriate pursuant to the Contract. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 12. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

  • Failure to Elect If no election as to the Class of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be deemed to be under the Multicurrency Commitments. If no election as to the Currency of a Syndicated Borrowing is specified, then the requested Syndicated Borrowing shall be denominated in Dollars. If no election as to the Type of a Syndicated Borrowing is specified, then the requested Borrowing shall be a Eurocurrency Borrowing having an Interest Period of one month and, if an Agreed Foreign Currency has been specified, the requested Syndicated Borrowing shall be a Eurocurrency Borrowing denominated in such Agreed Foreign Currency and having an Interest Period of one month. If a Eurocurrency Borrowing is requested but no Interest Period is specified, (i) if the Currency specified for such Borrowing is Dollars (or if no Currency has been so specified), the requested Borrowing shall be a Eurocurrency Borrowing denominated in Dollars having an Interest Period of one month’s duration, and (ii) if the Currency specified for such Borrowing is an Agreed Foreign Currency, the Borrower shall be deemed to have selected an Interest Period of one month’s duration.

  • Failure to Cure If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate’s obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate’s obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible.

  • Failure to Close (A) If Seller(s) fails to convey the property as provided in this contract: Buyer(s) may exercise legal remedies including suit for specific performances or damages. Agent may xxx Xxxxxx(s) to recover loss of commission. Agent may pay Xxxxxxx Money into a court of competent jurisdiction, or retain Xxxxxxx Money until directed to distribute the same by a court of competent jurisdiction. (B) If Buyer(s) fail to purchase the property as provided in this contract: Seller(s) may exercise legal remedies including suit for specific performance or damages. Seller(s) may elect to retain Xxxxxxx Money deposit as liquidated damages for breach of contract, in this case, it is agreed that Agent may retain from such Xxxxxxx Money deposit an amount not greater than his total commission of the sale had been consummated and the residue, if any, will be paid to Seller(s). (C) Xxxxx(s) and Seller(s) further agree that in the event of default by either that results in litigation, that the non-defaulting party may recover reasonable attorney fees and any other court costs, in addition to other damages provided for herein.

  • Failure to Supply 4.2.1 If Company becomes aware that a Supply Interruption is reasonably likely to occur, Company shall promptly notify AbbVie by telephone or by written notification and shall provide AbbVie with the opportunity to meet in person or by teleconference to discuss the details to the extent they are known by Company. 4.2.2 In the event that Company is unable, or notifies AbbVie that it is unable or otherwise receives notice from its CMO that it will be unable to supply, for any reason, except for a Force Majeure Event, to supply Product in accordance with the quantities and/or delivery dates specified by AbbVie for such Product via Purchase Orders, Company shall have a period of *** days or such longer time as necessary so long as Company is using commercially reasonable efforts to cure such interruption to supply, during which time Company will prioritize AbbVie Purchase Orders of Product over Company or other customer orders. If such interruption to supply continues after such sixty (60) day period, AbbVie may, in its sole discretion: (a) cancel outstanding Purchase Orders with Company; (b) require Company to supply the undelivered Product at a future date agreed upon by the Parties; or (c) at Company’s sole expense, manufacture or have manufactured by a Third Party designated and qualified by AbbVie such quantity of ribavirin as AbbVie may reasonably determine with notice to Company as will meet AbbVie’s worldwide requirements in light of such interruption to supply. AbbVie shall be entitled to receive from Company *** % of AbbVie’s cover damages, comprising cost differences between the Product’s cost and the replacement product’s cost, and reasonable costs associated with procuring replacements for the Product, until such time as Company is capable of resuming its supply obligations under this Agreement. Upon Company’s resolution of the interruption to supply to the reasonable satisfaction of AbbVie, AbbVie shall be required to resume purchasing the Applicable Percentage of AbbVie Product Requirements from Company but shall be excused from purchasing that portion attributable to the permitted purchases from the Third Party manufacturer under Section 4.2.2(c).

  • Non Delivery C15.1 Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery).

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