Partial Delivery. Seller will attempt to make complete delivery, but Xxxxx agrees that the Seller may, in its discretion, make partial delivery of the building or structure and the COD amounts may be adjusted proportionally by shipment. Notwithstanding the preceding sentence, the full amount of the balance shown on the face hereof must be paid by Buyer at time the building or structure is delivered by the carrier to the Delivery Destination, even though accessory items obtained from third party vendors or manufacturers that are not components of the building or structure, may be separately delivered thereafter. Xxxxx specifically agrees that Seller is not responsible or liable for timeliness of delivery of accessory goods obtained from third party vendors and manufacturers that are not components of the building or structure purchased, including without limitation, overhead doors, sliding doors, roll up doors, man or walk doors, insulation, skylights, vents and windows (hereinafter “Special Products”), or for the suitability of such Special Products for any particular use. In connection with the delivery of the goods specified in this Contract, if Seller contacts Buyer to arrange for a delivery date and Buyer fails or refuses to accept Seller’s designated delivery date or postpones or attempts to postpone Seller’s designated delivery date by more than ten (10) calendar days, Seller, may, at its option: (i) treat such conduct as a Breach of this Contract, cancel the Contract and retain any deposit and payments made as partial payment of liquidated damages; or (ii) fulfill this Contract and charge to Buyer all additional costs, expenses and increases incurred by Seller after the date of Seller’s acceptance of the purchase order (“Acceptance Date”), including without limitation, all additional labor, raw material and freight costs, expenses and charges and all price increases in the goods, relating to fabrication, procurement and/ or delivery of the building or structure ordered, or the components, parts, and materials ordered and/or the Special Products ordered at a later time, plus all loading, unloading and storage costs, expenses and charges incurred by Seller(“Increased Costs”).
Partial Delivery. In the event only part of the delivery can be used by Mosaic, and Mosaic accepts partial delivery, Supplier shall be entitled to be paid for the partial delivery. In determining the price of the partial delivery, the parties shall take into consideration Supplier’s cost related to the partial delivery and the value of the partial delivery. In the event Mosaic does not accept any part of the delivery, Mosaic shall, at Supplier’s cost, return to Supplier any tangible and intangible Goods already delivered, and Supplier shall reimburse the purchase price received.
Partial Delivery. Supplier reserves the right to deliver in parts (partial deliveries) which may be invoiced separately. In case of a partial delivery, the Customer shall also pay in accordance with the provision of article 6 of these General Conditions of Sale.
Partial Delivery. The Supplier shall have the right to make partial deliveries in such quantities that are not unreason- able for the Counterparty.
Partial Delivery. With Autolus’ specific prior written consent, Miltenyi may make partial shipment against Purchase Orders, to be separately invoiced with each shipment and paid for when due in accordance with this Agreement.
Partial Delivery. Company may make partial shipments on account of Distributor's orders, to be separately invoiced and paid for when due. Delay in delivery of any installment shall not relieve Distributor of its obligation to accept the remaining deliveries.
Partial Delivery. Unless otherwise stated in the Confirmation, Mascot may make partial deliveries or deliveries by instalment of any product or combination of products it may determine, acting reasonably, and may invoice the Buyer for any product delivered and associated delivery charges on each occasion.
Partial Delivery. CONOR is allowed to make partial delivery of a confirmed Purchase Order, provided that all additional transportation costs in excess of those that would be due for a full order shipment shall be borne by CONOR. 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 406 OF THE SECURITIES ACT OF 1933, AS AMENDED.
Partial Delivery. QT shall not make partial shipments on account of any Purchase Order, without Freedom Ventures’ prior written consent. If Freedom Ventures consents to partial deliveries, each delivery shall be separately invoiced and paid.
Partial Delivery. Should the Services be only partially deliverable, the Customer will accept partial delivery unless the Service Provider has positive knowledge that a partial delivery is unreasonable for the Customer.
