Common use of Partial Delivery Clause in Contracts

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. Seller will attempt to make complete delivery, but Xxxxx Buyer 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 Buyer 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. If for any reason Seller is unable to supply the total quantity for products (or materials) specified herein in one shipment, Seller may distribute its available supply on such basis as it may deem fair and practical, without liability for any failure of performance which may result there from. Seller assumes any incremental delivery costs associated with multiple shipments. DELIVERY, TITLE & RISK OF LOSS: Delivery dates are approximate, and are based upon prompt receipt by Seller of necessary raw materials, parts, or goods. Seller will attempt notify Buyer of any delivery delays in a timely manner. Failure of Seller to make complete deliveryreceive any of such items in a timely manner shall affect a corresponding extension of Seller’s performance dates. Unless otherwise specified by Seller, but Xxxxx agrees all shipments are F.O.B. Seller’s shipping dock. Full risk of loss (including transportation delays and losses) shall pass to Buyer upon delivery of products to the F.O.B. point, or if Seller consents to a delay in shipment at the request of Buyer, risk loss shall pass upon notification by Seller that the Seller may, in its discretion, make partial delivery of the building or structure and the COD amounts may be adjusted proportionally by products are ready for shipment. Notwithstanding the preceding sentence, the full amount of the balance shown on the face hereof must EXCUSABLE DELAYS: Seller shall not 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 nonperformance or delays in performance occasioned by any causes beyond Seller’s reasonable control, including, but not limited to, any labor difficulties, strikes, delays of delivery vendors or carriers, failure of accessory goods obtained from third party vendors and manufacturers that are not components of the building or structure purchasedSeller to receive promptly any parts, including without limitation, overhead doors, sliding doors, roll up doors, man or walk doors, insulation, skylights, vents and windows (hereinafter “Special Products”)goods, or for the suitability equipment to be provided by or on behalf of such Special Products for any particular use. In connection with the delivery of the goods specified in this ContractBuyer, 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 compliance by Seller after the date with Buyer’s change or other orders, fires, explosions, floods, casualties, acts of God, war, riots, acts of terrorism, governmental actions and materials shortages (each such event, a “Force Major” event). Any delays so occasioned shall affect a corresponding extension 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”)performance dates.

Partial Delivery. If for any reason Seller is unable to supply the total quantity for products (or materials) specified herein in one shipment, Seller may distribute its available supply on such basis as it may deem fair and practical, without liability for any failure of performance which may result there from. Seller assumes any incremental delivery costs associated with multiple shipments. DELIVERY, TITLE & RISK OF LOSS: Delivery dates are approximate, and are based upon prompt receipt by Seller of necessary raw materials, parts, or goods. Seller will attempt notify Buyer of any delivery delays in a timely manner. Failure of Seller to make complete deliveryreceive any of such items in a timely manner shall affect a corresponding extension of Seller’s performance dates. Unless otherwise specified by Seller, but Xxxxx agrees all shipments are F.O.B. Seller’s shipping dock. Full risk of loss (including transportation delays and losses) shall pass to Buyer upon delivery of products to the F.O.B. point, or if Seller consents to a delay in shipment at the request of Buyer, risk loss shall pass upon notification by Seller that the Seller may, in its discretion, make partial delivery of the building or structure and the COD amounts may be adjusted proportionally by products are ready for shipment. Notwithstanding the preceding sentence, the full amount of the balance shown on the face hereof must EXCUSABLE DELAYS: Seller shall not 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 nonperformance or delays in performance occasioned by any causes beyond Seller’s reasonable control, including, but not limited to, any labor difficulties, strikes, delays of delivery vendors or carriers, failure of accessory goods obtained from third party vendors and manufacturers that are not components of the building or structure purchasedSeller to receive promptly any parts, including without limitation, overhead doors, sliding doors, roll up doors, man or walk doors, insulation, skylights, vents and windows (hereinafter “Special Products”)goods, or for the suitability equipment to be provided by or on behalf of such Special Products for any particular use. In connection with the delivery of the goods specified in this ContractBuyer, 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 compliance by Seller after the date with Buyer’s change or other orders, fires, explosions, floods, casualties, acts of God, war, riots, acts of terrorism, governmental actions and materials shortages (each such event, a “Force Major” event). Any delays so occasioned shall affect a corresponding extension of Seller’s acceptance performance dates. WEIGHT OF SHIPMENTS: Weight of all shipments shall be determined at FOB point by ascertaining the purchase order gross and tare weight of each bulk container. Claims on account of weight will be allowable only i) if for one-half of one percent (“Acceptance Date”), including without limitation, 0.5%) or more of entire contents of 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”).shipments,