Common use of Liability for Delay Clause in Contracts

Liability for Delay. 11.1 Any lead times quoted by Xxxxxx shall run from Xxxxxx’x acceptance of the Buyer’s order and/or on Xxxxxx’x receipt of all necessary information to enable Xxxxxx to commence work under the Contract, whichever is later, and shall be subject to continued and timely performance from the Buyer. 11.2 In the event of a delay in the supply of the Goods or Services, which is solely attributable to the fault of Howden, Howden shall be liable to pay liquidated damages in a sum equal to half of one percent (0.5%) of the value of the delayed Goods or Services per week, subject to a maximum of five percent (5%) of the value of the delayed Goods or Services. Such liquidated damages shall be the Buyer’s sole and exclusive remedy in the event of Howden’s delay. 11.3 If Howden is delayed in its performance of the Contract, which is solely attributable to the fault of the Buyer, the Buyer’s agent and/or other contractors, Howden is entitled to receive payment at the time Howden was originally scheduled to be paid notwithstanding the delay. Any shipments held or delayed beyond the scheduled delivery date at the request or fault of the Buyer may be invoiced to the Buyer immediately including all reasonable expenses incident to such delay, and the Buyer shall assume the risk of loss thereof.

Liability for Delay. 11.1 Any lead times quoted by Xxxxxx for performance of the Contract shall run from Xxxxxx’x acceptance by Howden of the Buyer’s order and/or on Xxxxxx’x receipt of all necessary information (including, but not limited to, and if applicable, mutually agreed bank guarantee formats and orientation(s) of the fan to prepare general arrangement drawing(s)) to enable Xxxxxx to commence the work under the Contract, whichever is later, and shall be subject to continued and timely performance from on the Buyer’s part. 11.2 In the event of a delay in the supply of the Goods or Services, Services which is solely attributable to the fault of Howden, Howden shall be liable to pay liquidated damages in a sum equal to half of one percent (0.5%) of the value of the delayed Goods or Services per week, subject to a maximum of five percent (5%) of the value of the delayed Goods or Services. Such liquidated damages shall be the Buyer’s sole and exclusive remedy in the event of Howden’s Xxxxxx’x delay. 11.3 If Howden is delayed in its performance of the Contract, which is solely attributable to the fault of the Buyer, the Buyer’s agent and/or other contractorsContractors, Howden is shall be entitled to receive payment be paid at the time Howden which Xxxxxx was originally scheduled to be paid notwithstanding the delay. . 11.4 The Buyer shall be responsible for any delay beyond five (5) days from submission of information by Xxxxxx. 11.5 Any shipments held or delayed beyond the scheduled delivery date at the request or fault of the Buyer may be invoiced to the Buyer immediately including all reasonable expenses incident to such delay, and the Buyer shall assume the risk of loss thereof.