Failure to Take Delivery Clause Samples
The "Failure to Take Delivery" clause defines the consequences and procedures if a buyer does not accept or receive goods as agreed under a contract. Typically, this clause outlines the seller's rights in such situations, such as the ability to store the goods at the buyer's expense, resell them, or claim damages for any resulting losses. Its core practical function is to protect the seller from financial harm and logistical complications caused by the buyer's failure to fulfill their delivery obligations, ensuring clear remedies and responsibilities in such events.
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Failure to Take Delivery. If Customer fails to accept all or part of the renewable energy acquired or generated by EKPC or Cooperative, or to pay for any RECs acquired by EKPC and or Cooperative, when such purchases are made in performance of their respective obligations under this agreement, and such failure is not excused by EKPC’s or the Cooperative’s failure to perform, then the Customer shall pay to the Cooperative, on the date payment would otherwise be due in respect of the month in which the failure occurred an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the amount for which the renewable energy or RECs are actually sold by EKPC or Cooperative to another buyer from the price set forth herein or the purchased REC price. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount and efforts made by EKPC and or Cooperative to market the renewable energy or RECs at the best market price attainable.
Failure to Take Delivery. If Client fails to take delivery on any scheduled delivery date, Client shall be invoiced on the first day of each month for the stored Product and a commercially reasonable administration fee. For each such batch of undelivered Product, Client agrees that: (A) Client has made a fixed commitment to purchase such Product, (B) title and risk of loss for such Product passes to Client, (C) such Product shall be on a ▇▇▇▇ and hold basis for legitimate business purposes, (D) if no delivery date is determined at the time of billing, Catalent shall have the right to ship the Product to Client within four months after billing, and (E) Client will be responsible for any decrease in market value of such Product that relates to factors and circumstances outside of Catalent’s control. Within ten (10) days following a written request from Catalent, Client shall provide Catalent with a letter confirming items (A) through (E) of this Section for each Batch of undelivered Product.
Failure to Take Delivery. If Reliant fails to take delivery within seven (7) days of any scheduled delivery date solely with respect to Product that has been deemed acceptable by Reliant, Reliant shall be invoiced for such Product pursuant to Section 7.5 On the first day of each subsequent month Reliant shall be invoiced for the stored Product at a rate of [***] of Batch price per month for administration and storage costs. For each such batch of accepted but undelivered Product, Reliant agrees that: (A) Reliant has made a fixed commitment to purchase such Product, (B) title and risk of loss for such Product passes to Reliant, (C) such Product shall be on a ▇▇▇▇ and hold basis for legitimate business purposes, (D) if no delivery date is determined at the time of billing, Cardinal Health shall have the right to ship the Product to Reliant or Reliant’s designee within four months after billing, and (E) Reliant will be responsible for any decrease in market value of such Product that relates to factors and circumstances outside of Cardinal Health’s control. Within five (5) days following a written request from Cardinal Health, Reliant shall provide Cardinal Health with a letter confirming items (A) through (E) of this Section for each Batch of undelivered Product.
Failure to Take Delivery. 11.1. If the Client has not taken delivery of any object after the expiry of the delivery period, this object will remain at the Client's disposal. All objects that have not been taken delivery of by the Client will be stored at the expense (including handling and insurance costs) and risk of the Client. ▇▇▇ ▇▇▇ ▇▇▇▇ shall at all times be entitled to invoke Article 6:90 of the Dutch Civil Code.
Failure to Take Delivery. If Client fails to take delivery of any Product and/or Packaged Product on any scheduled delivery date, then, beginning […***…] days after the scheduled delivery date, Client shall be invoiced on the first day of the subsequent month for the stored Product and/or Packaged Product and the first day of each subsequent month for reasonable administration and storage costs. For each such Batch of undelivered Product and/or Packaged Product, Client agrees that: (A) Client has made a fixed commitment to purchase such Product and/or Packaged Product, (B) title and risk of loss for such Product and/or Packaged Product passes to Client, (C) such Product and/or Packaged Product shall be on a ▇▇▇▇ and hold basis for legitimate business purposes, (D) if no delivery date is determined at the time of billing, Catalent shall have the right to ship the Product and/or Packaged Product to Client within one month after billing, and (E) Client will be responsible for any decrease in market value of such Product and/or Packaged Product that relates to factors and circumstances outside of Catalent’s control. Within […***…] days following a written request from Catalent, Client shall provide Catalent with a letter confirming items (A) through (E) of this Section for each Batch of stored Product and/or Packaged Product. 9 ***Confidential Treatment Requested
Failure to Take Delivery. If Xencor fails to take delivery on any scheduled delivery date, Cardinal Health shall invoice Xencor for the stored Product and shall invoice Xencor on a monthly basis for reasonable administration and storage costs. For each such batch of undelivered Product, Xencor agrees that: (A) Xencor has made a fixed commitment to purchase such Product, (B) risk of ownership and storage for such Product passes to Xencor, (C) such Product shall be on a ▇▇▇▇ and hold basis for legitimate business purposes, (D) if no delivery date is determined at the time of billing, Cardinal Health shall have the right to ship the Product to Xencor within […***…] after billing, and (E) Xencor will be responsible for any decrease in market value of such Product that relates to factors and circumstances outside of Cardinal Health’s control. Within […***…] following a written request from Cardinal Health, Xencor shall provide Cardinal Health with a letter confirming items (A) through (E) of this Article 4 for each Batch of undelivered Product.
Failure to Take Delivery. If Buyer fails to take delivery of the Goods or any part thereof, the Goods not delivered shall be held at Buyer’s sole risk and at Buyer’s sole cost and expense in all respects. Nevertheless, ▇▇▇▇▇▇, acting as ▇▇▇▇▇’s agent and at ▇▇▇▇▇’s expense, may thereafter store, insure and/or otherwise protect such Goods or may resell same for Buyer’s account.
Failure to Take Delivery. If Customer fails to accept all or part of the renewable energy sold hereunder and such failure is not excused by EKPC’s or the Cooperative’s failure to perform, then the Customer shall pay to the Cooperative, on the date payment would otherwise be due in respect of the month in which the failure occurred an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the amount for which the renewable energy is actually sold by EKPC or Cooperative to another buyer from the price set forth herein. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation of such amount.
Failure to Take Delivery. If the Contractor fails to take delivery of or collect the Goods or fails to give the Company adequate delivery instructions after notification by the Company that the Goods are ready the Company may (without prejudice to its other rights and remedies)
9.1 store the Goods (on its own or any third party’s premises) and charge the Contractor for its reasonable costs (including without limitation VAT costs of storage, carriage and insurance); and/or
9.2 sell the Goods at any time and after deducting all costs and expenses account to the Contractor for any excess over the price already paid under the Contract or charge the Contractor for any shortfall between the Contract price and such costs and expenses.
Failure to Take Delivery. If the Buyer fails to accept delivery at the time for delivery, he shall nevertheless pay any part of the purchase price which becomes due at the time for delivery, as if delivery had taken place at the time for delivery. SANOVO shall arrange for stor- age of the Product at the risk and expense of the Buyer. SANOVO may by notice in writing require the Buyer to accept delivery within a final reasonable period. If the Buyer fails to accept delivery within such period, SANOVO may terminate the parties agreement in whole or in part. SANOVO shall then be entitled to compensation for the loss suffered by reason of the Buyer’s default, including any consequential and indirect loss.