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”).