On-Time Delivery Sample Clauses
The On-Time Delivery clause establishes the requirement for goods or services to be delivered by a specified deadline. It typically outlines the expected delivery schedule, the consequences of late delivery—such as penalties, liquidated damages, or the right to terminate the contract—and may define what constitutes an acceptable delay. This clause ensures that both parties are clear about delivery expectations and provides remedies if deadlines are not met, thereby minimizing disruptions and managing the risk of late performance.
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On-Time Delivery. On-Time Delivery is considered as no more than seven (7) days early and zero (0) days late. Deliveries made more than seven (7) working days prior to the designated delivery date will be considered early and may be returned at the Seller’s expense for delivery on the designated delivery date. Early delivery may also affect timely payment of any related invoice(s). Any request for extension of time of delivery from that confirmed by the Seller on the original order must be approved by Battelle with such extension applying only to the particular item or shipment affected.
On-Time Delivery. (a) Patheon and the Client understand that there may be uncertainties and necessary adjustments in production schedules during the Initial Manufacturing Period. The parties agree that they will work together closely to expedite deliveries and manage the scheduling of the initial Product launch.
(b) If, after the Initial Manufacturing Period, Patheon is unable to deliver the quantity of Product ordered under a Firm Order within five days of the Delivery Date due to an act or omission by Patheon (a “Late Delivery”), Client will receive a credit from Patheon for the Late Delivery that will be applied against the purchase price under the next Firm Order. The credit will be 5% of the Price of the quantities of Product not delivered by Patheon under the Firm Order (i.e., Client Credit = [Quantity Ordered in the Firm Order – Actual Delivery Quantities of Product] * Price * 5%). The parties agree that the credits provided for under this Section 5.5(b) are considered liquidated damages for the shortage of supply of Product for commercial sale and will not be considered a penalty.
(c) A Late Delivery will not be a material breach of this Agreement by Patheon for the purposes of Section 8.2 except as set forth in Section 2.2(e). If Patheon has two consecutive Late Deliveries in a calendar quarter, the parties will meet as necessary to amicably resolve the reasons for the Late Deliveries. The parties will agree on a delivery improvement plan within five Business Days. If, after the delivery improvement plan is in place, Patheon has two further consecutive Late Deliveries in any calendar quarter, Client may exercise its right to terminate this Agreement for cause under Section 8.2(a) without a further opportunity to cure.
(d) For clarity, a Late Delivery will not include any delay in shipment of Product caused by events outside of Patheon’s reasonable control, such as a Force Majeure Event, a delay in delivery of API or Materials (provided that Patheon ordered Materials with sufficient lead time for such Materials to be delivered on a timely basis), a delay in Product release approval from Client, inaccurate Client forecasts, or receipt of non-conforming API or Client-Supplied Components.
On-Time Delivery. Contractor shall maintain a 95% on-time delivery rate with a goal of 99% on-time deliveries. Delivery lead times will not exceed one-hundred eighty (180) days after receipt of order (ARO) unless mutually agreed in writing between the Contractor and the Purchaser. Adjustments to delivery still within the one-hundred eighty (180) day window must be documented in the Purchaser ordering paperwork. If an order’s ETA surpasses the one- hundred eighty (180) day window after receipt of order, Contractor will need to obtain mutual agreement in writing between Purchaser and Contractor or allow Purchaser to withdraw their order. Upon Purchaser or Enterprises Services request, Contractor must provide documentation supporting compliance with this requirement. Documentation must be received by requestor within ten (10) days of request.
On-Time Delivery. The delivery of all items within a single order to the receiving point designated by the ordering entity within the delivery time required.
On-Time Delivery. (a) Patheon and the Client understand that there may be uncertainties and necessary adjustments in production schedules during the initial Manufacturing Period. The parties agree that they will work together closely to expedite deliveries and manage the scheduling of the initial Product launch.
(b) If after the Initial Manufacturing Period, Patheon is unable to deliver the quantity of Product ordered under a Firm Order on the Delivery Date due to an act or omission by Patheon (a “Late Delivery”), Client will receive a credit from Patheon for the Late Delivery that will be applied against the purchase price under the next Firm Order The credit will be [***].
(c) A Late Delivery will not be a material breach of this Agreement by Patheon for the purposes of Section 8.2 unless the Products are delivered more than [***] after the Delivery Date.
(d) For clarity, a Late Delivery will not include any delay in shipment of Product caused by events outside of Patheon’s reasonable control, such as [***].
(e) Patheon will not ship Products to Client or its agents in advance of a scheduled delivery date, without Client’s prior approval.
(f) No shipment will be deemed complete until all ordered Product SKUs have been delivered in accordance with Client’s instructions and a certificate of compliance has been issued by Patheon Partial shipment must be authorized by Client.
On-Time Delivery. The JVC will maintain On-Time Delivery Performance equal to or greater than *** percent (***%), as measured each ***. *** CONFIDENTIAL MATERIAL REDACTED AND SEPARATELY FILED WITH THE SECURITIES AND EXCHANGE COMMISSION.
On-Time Delivery. (a) Patheon and the PGx understand that there may be uncertainties and necessary adjustments in production schedules during the Initial Manufacturing Period. The parties agree that they will Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended. work together closely to expedite deliveries and manage the scheduling of the initial Product launch.
(b) If, after the Initial Manufacturing Period, Patheon is unable to deliver the quantity of Product ordered under a Firm Order on the Delivery Date not due to an act or omission by PGx nor a Force Majeure (a “Late Delivery”), PGx will receive a credit from Patheon for the Late Delivery that will be applied against the any amounts due by PGx to Patheon. The credit will be [*]% of the Price of the quantities of Product not delivered by Patheon under the Firm Order on the Delivery Date [*]. In addition, if [*] or more Late Deliveries occur in any [*] month period, [*]
(c) A Late Delivery will not be a material breach of this Agreement by Patheon for the purposes of Section 8.2.
(d) Any Late Delivery that has not occurred by the date that is [*] days after the Delivery Date may have its Firm Order cancelled by PGx, in its sole discretion with no fees or penalties owed by PGx.
(e) For clarity, a Late Delivery will not include any delay in shipment of Product caused by events outside of Patheon’s reasonable control, such as a Force Majeure Event, a delay in delivery of API or Materials, a delay in Product release approval from PGx, receipt of non-conforming API or Components supplied by PGx, or any market driven delays in deliveries from approved vendors.
On-Time Delivery. Time is of the essence in Supplier’s delivery of Products and performance of Services. Supplier will promptly notify RTI if it is unable to comply with the delivery or performance date specified in the Agreement. If Supplier fails to deliver or perform on time, and the parties are unable to mutually agree to an extension of time, Supplier will be liable for actual and reasonable costs and damages incurred as a result of the late delivery or performance.
On-Time Delivery. KeHE will utilize commercially reasonable efforts to maintain an On-Time Delivery performance rate of [***] for all deliveries to SFM Stores, measured [***] (the “OTP Rate”). Any Split Orders that are delivered more than [***] outside of the Delivery Windows will be considered late and included in the OTP Rate calculation. Split Orders shall not comprise [***] orders during any Fiscal Period. KeHE shall report on the [***]. The Parties agree and understand that Delivery Uncontrollable Factors shall occur from time to time that may affect the OTP Rate. [***], as mutually agreed in good faith by the Parties. KeHE shall provide SFM all supporting documentation that created such Delivery Uncontrollable Factors upon reasonable request. Delivery Uncontrollable Factors shall be the exception and not the rule for calculating the OTP Rate. SFM shall have the ability to review and audit the OTP Rate calculation at any time during the ordinary course of business with reasonable notice.
a) [***]. During any Fiscal Period that the OTP Rate for any particular DC is not met, KeHE will [***]
b) [***]
c) On-Time [***]. If the aggregate OTP Rate for all DCs combined is below [***] in any consecutive [***] period, taking into account any Delivery Uncontrollable Factors, SFM may provide notice to KeHE of same (the “OTP Deficiency Notice”). KeHE shall then have a cure period of [***] (“OTP Cure Period”) to remedy such deficiency (i.e., bring it back to [***] or above) from the date of the OTP Deficiency Notice. [***]
On-Time Delivery. Supplier will deliver Products to Seagate on the delivery date specified in Seagate’s order. If Supplier does not deliver any Product within one day of the scheduled delivery date, then Seagate may require Supplier to ship Product by an expedited mode of transportation at Supplier’s expense. Alternatively, Seagate may purchase substitute product and charge Supplier any additional cost incurred, including the difference between a higher price charged for the substitute product and the price Seagate would have paid to Supplier for the Product.