Late Deliveries i. When applicable, delivery must be made as ordered or as directed by Battelle and confirmed by the Seller when not in conflict with the original order. The decisions of Battelle as to reasonable compliance with delivery terms shall be final. The burden of proof of delay in receipt of goods by Battelle shall rest with the Seller.
ii. Seller must provide Battelle immediate notice with a minimum of 48 hours notice when it is determined that any delivery is expected to be a late delivery.
iii. Suppliers with a delivery late to the confirmed delivery date will assume any additional freight or premium cost incurred in the effort to improve a late delivery in addition to any and all other rights and remedies under this agreement.
Late Deliveries. If the Seller cannot meet the agreed delivery schedule or that such a delay seems likely, the Seller shall notify CMC in writing of the reason for the delay and the new delivery time.
Late Deliveries. Supplier shall notify Cisco and any affected Cisco Authorized Purchasers promptly if Supplier reasonably anticipates that delivery consistent with CT2R may be delayed. In the event that delivery is delayed for more than [****] business days for reasons caused in whole or in substantial part by Supplier and the parties cannot reasonably agree on a new delivery date, Cisco or its Authorized Purchaser may reschedule or cancel the affected Order(s) without penalty and Supplier shall not be liable to Cisco or any Authorized Purchaser for any monetary damages resulting from such delay, reschedule or cancellation, or assume any liability in connection with the shipment, nor shall the carrier be deemed an agent of Supplier.
Late Deliveries. (a) In the event that the Supplier becomes aware that it does not expect to meet the delivery schedule in the Binding Forecast, the Supplier shall promptly (but not later than [***] after Supplier becomes aware of the delay) advise HQ of the reasons therefore, and of the date by which the Supplier will be able to confirm whether it will be able to meet the delivery schedule. As soon as the Supplier is able to advise whether it can meet the delivery schedule, the Supplier shall notify HQ in writing, which notice shall indicate the Supplier’s next anticipated delivery date and delivery quantity. In the event that the Supplier’s inability to meet one or more deliveries results in HQ inventory having less than [***] weeks supply of a Product or HQ is expected to have less than [***] weeks supply of a Product in HQ inventory at the time of Supplier’s next anticipated shipment, HQ shall notify the Supplier in writing and the Supplier shall have five (5) Business Days from receipt of such notice to make arrangements reasonably satisfactory to HQ to ensure delivery of sufficient quantities of such Product, or of a substitute therapeutic for such Product acceptable to HQ (“Replacement Product”), are delivered to HQ to increase its inventory of such Product or of a substitute therapeutic to the Target Level. If Supplier has not made such satisfactory arrangements within the five (5) Business Days, HQ may purchase the above mentioned Replacement Product from an alternate source(s) to replace that Product which the Supplier has indicated that it is unable to supply and the remedies in Section 3.9 shall apply. The Supplier will make all reasonable efforts to assist HQ in identifying an alternate source from which HQ can obtain Replacement Products.
(b) To the extent that the late delivery is the result of HQ requiring Products over and above the Binding Forecast, then the provisions set out in Section 3.9 shall not apply.
Late Deliveries. In the event a shipment does not meet the delivery date, due to Jabil’s negligence, specified in the order, unless mutually agreed upon, Company may change shipping to premium transportation upon request. In that event, Jabil shall bear the expense of any difference in freight costs for the premium transportation. In the event the delay is due to a Supplier’s failure to perform and/or deliver or Gigamon’s failure to perform or deliver, then Gigamon shall bear the expense of any difference in freight costs for the premium transportation.
Late Deliveries. The Supplier is required to notify Buyer in writing immediately if there is any reason to believe that the time of delivery agreed upon cannot be met. Such notification shall state the reason as well as the probable length of the delay. The Supplier is responsible for all direct and potential indirect losses that Buyer suffers and that could have been avoided if the Supplier had informed Buyer in due time or if Supplier is unable to resume deliveries according to schedules within a reasonable time. In case of a delay of delivery, failure to comply with the delivery schedules or shipping requirements the Buyer is entitled to compensation for any damages, losses, costs and expenses incurred.
Late Deliveries. When applicable, delivery must be made as ordered or as directed by Xxxxxxxx and confirmed by the Seller when not in conflict with the original order. The decisions of Battelle as to reasonable compliance with delivery terms shall be final. The burden of proof of delay in receipt of goods by Xxxxxxxx shall rest with the Seller. Seller must provide Battelle immediate notice with a minimum of 48 hours’ notice when it is determined that any delivery is expected to be a late delivery. Suppliers with a delivery late to the confirmed delivery date will assume any additional freight or premium cost incurred in the effort to improve a late delivery in addition to any and all other rights and remedies under this agreement. Certificate of Conformance: If a Certificate of Conformance is indicated as required on the purchase document, the COC must contain at a minimum the Seller’s name, manufacturer (if other than Seller), Battelle PO#, Battelle Item Identification (Part) Number with revision level, Manufacturer’s part number with revision level (if applicable), serial numbers (if applicable), batch identification of the item such as date code, lot, etc.; quantity of items covered on COC, signature of Seller’s representative, and date of certification.
Late Deliveries. Supplier shall notify Cisco and any affected Cisco Authorized Purchasers promptly if Supplier reasonably anticipates that delivery may be delayed. In the event that the parties cannot agree on a new delivery date, Cisco or its Authorized Purchaser may reschedule or cancel the affected Order(s) without penalty.
Late Deliveries. Seller shall not be liable for any delay or impossibility to deliver Products (whether total or partial) within the scope of a Purchase Order due to delays in the approvals or authorizations from governmental agencies, acts of nature or force majeure, such as, those events that could not been foreseen or avoided, or if foreseen, could not be avoided, and any external unforeseeable event - other than Seller’s express intention- that make it impossible to execute their obligations arising from the Purchase Order, including but not limited to the restrictions imposed by competent authorities on product imports, strikes, lockouts, flooding, governmental approvals, laws, regulations or any other cause beyond the Seller’s control, such as delays by any third party.
4.9.1 Buyer acknowledges and accepts that the Products must be imported to Argentina by Seller and that the Customs clearance procedure might be subject to several restrictions and governmental authorizations, as well as to the observations of governmental agencies that regulate the foreign trade operations, among other. Consequently, Seller accepts that the purchase orders and/or quotations shall only refer to the Products in stock at the Seller’s facilities, or those Products imported without any governmental restriction, and this not implying any preference or privilege for the Client over the Seller’s distribution network. Otherwise, Xxxxx accepts the additional delay on the delivery of the Products or the cancellation of the purchase order, subject to such restrictions, waiving any claim to Seller due to these events.
4.9.2 Likewise, the Client acknowledges and accepts that Seller shall not be forced to reject laws, decrees, resolutions, regulations or regulatory provisions that may restrict or delay the import of Products into the country, or even promote defense at Administrative or Judicial Courts trying to obtain licenses and/or authorizations for the import of Products.
4.9.3 If Seller is responsible for any delay or the impossibility to deliver the Products - whether partially or totally - within the scope of the Purchase Order, due to internal delays, it shall apply a penalty equal to 1% and up to 10% of the item’s value per week or fraction exceeding 3 (three) days.
Late Deliveries. If manufacturing difficulties or significant delivery delays are foreseen by Flextronics, Flextronics shall without undue delay notify Customer thereof in writing. If deliveries are delayed beyond the agreed delivery date due to causes directly attributable to Flextronics, Customer shall be entitled to claim from Flextronics and Flextronics agrees to pay the reasonable direct costs actually incurred by Customer or its Affiliates as a result of such delayed delivery.