Late Shipment. If, due to Seller's failure to ship Goods in a timely manner, the identified method of transportation would not permit Seller to meet the Delivery Date, Seller shall ship the Goods by air transportation or other means acceptable to AGILENT, and shall pay for any resulting increase in the cost of freight.
Late Shipment. Chemport ships API pursuant to [***] or more Purchase Orders after the applicable Shipment Date during any [***] period.
Late Shipment. EIS will use its best efforts to ship the Software within ten (10) days of receipt of an acceptable order. However, EIS does not guarantee specific delivery dates. If EIS fails to deliver the Software in the time frame required by the State, the State may cancel its order. EIS will not be responsible for any losses incurred by the State in purchasing software elsewhere.
Late Shipment. (m) Not later than thirty (30) days prior to the Ship Date relating to Product covered by a Purchase Order, Buyer may notify Seller in writing that (i) Buyer does not wish to receive shipment of any Products on the date set forth in such Purchase Order, or (ii) Buyer's facilities are not prepared in sufficient time for Seller to make delivery on such date. In either case, Seller shall delay delivery as requested by Buyer. Seller may, subject to Buyer's consent, store such Products in a commercially reasonable manner consistent with the storage requirements set forth in the Product Specifications at Buyer's risk of loss. Buyer shall reimburse Seller for reasonable out-of-pocket storage and shipping fees associated with such delay.
Late Shipment. If, due to Seller's failure to ship Goods in a timely manner, the identified method of transportation would not permit Seller to meet the Delivery Date, Seller shall ship the Goods by air transportation or other means acceptable to Esco, and shall pay for any resulting increase in cost of freight.
Late Shipment. When, for reasons other than force majeure as set out in Clause 2. or late or extended shipment under Clause 4. the goods have not been shipped by seven (7) days after contract shipment time, or when goods have not been shipped within an extended shipment period under Clause 5. Seller shall immediately notify Buyer (either directly or through his agent) of such failure to ship, the reason therefor and his best estimate of the prospective delay in shipment. Such goods when shipped shall be accepted by Buyer with the following allowances which must automatically be deducted from Seller's invoice:
Late Shipment. In addition to other obligations and remedies under this Agreement, whenever shipment of Product orders is delayed beyond the date specified in this Agreement, Elite shall use commercially reasonable efforts to expedite shipment of the Product to PRECISION DOSE, and shall exert at least equivalent effort in resolving a Product shortage as compared to ELITE’s production requirements for its other customers’ production requirements. ARTICLE 3
Late Shipment. In the event that any Products are shipped to Client more than 14 days after the agreed upon date (for reasons other than Client's failure to deliver Tablet Cores required to manufacture such Products to Patheon within the time frames requested), the parties shall meet as necessary in order to try to resolve the reasons, if any for the late shipment, amicably. Should the parties fail to reach resolution under this Section 5.5, then their dispute will be handled in accordance with Section 12.1 hereof.
Late Shipment. 5.4.1. Other than as solely a result of (a) a force majeure events contemplated by Article 13, (b) delays due to the poor quality of OJO-consigned Components, (c) delays due to vendors that Kenmec was specifically directed by OJO to purchase a specific component from and that fail to meet agreed upon delivery dates, or (d) equipment and test inefficiencies provided by OJO that directly affected the delivery of the Product, (A) in addition to any other remedies available to OJO, any Order with respect to a Product that has not been made available for shipment thirty (30) or more days after the Scheduled Shipment Date may be cancelled by OJO without charge or penalty to OJO and (B) OJO shall have the right to require Kenmec to pay liquidated damages to OJO, as partial relief for the damages suffered by OJO for such delay, in an amount equal to the expedited shipping costs for the delayed Products plus, for any Product made available for shipment more than thirty (30) days after the Scheduled Shipment Date, five percent (5%) of the purchase price for such Product.
Late Shipment. 6.4.1 If Supplier is late in shipping Product, following a [ * ] business day cure period, as [ * ]. [ * ] will be responsible for all expedited shipping charges. Further, Supplier hereby verifies that it does not discriminate the demands of one customer versus another and * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential Treatment has been requested with respect to the omitted portions. Asterisks within brackets denote omission. stipulates that Sprint will receive the same priority in terms of availability, shipping, and delivery of Deliverables as any other valued customer under similar circumstances.
