FAILURE TO ACCEPT DELIVERY Clause Samples

FAILURE TO ACCEPT DELIVERY. Where you, for whatever reason, fail to accept delivery of the goods, or fail to arrange for their collection, the following rules, or any of them, will apply but without prejudice to such other rights as the company might have: a) it may store the goods at your expense, b) it may insure the goods at your expense, c) any additional costs of carriage will be incurred at your expense, d) on giving you written notice, the company may proceed to sell such goods and any loss suffered by it shall be a debt owed by you to the company as though the debt were, or were part of, the invoice price, e) The company shall have a lien on any property of yours, and a right to sell such property, which is in its possession, until such time as you have paid in full all amounts outstanding under this clause. Where the ▇▇▇▇▇▇▇▇ Lakes South Phone Fax e-mail ▇▇▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇ ▇▇▇▇▇ ▇▇▇ ▇▇▇ +▇▇ (▇)▇▇▇▇ ▇▇▇▇▇▇ +▇▇ (▇)▇▇▇▇ ▇▇▇▇▇▇ ▇▇▇▇▇@▇▇▇▇▇.▇▇.▇▇ company exercises its rights 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 provisions shall also apply where delivery or collection of the goods has been delayed or deferred at your request, and the company agreed thereto.

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.

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.

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.

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.

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.

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.

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.