Performance Excused. Seller shall not be liable for loss, damage or delay in manufacture, shipment or delivery of the Goods or for its inability to perform any or all of its obligations hereunder due to the failure or happening of events or conditions rendering performance commercially impracticable, or to any causes beyond Seller’s control. If any such failure results in a delay in performance, the date of delivery or of performance shall be extended for a period equal to the time lost by reason of the delay, and such extension shall be Purchaser’s exclusive remedy. Acceptance of the material by Purchaser shall constitute a waiver of all claims for loss or damage due to delay resulting from any cause.
Appears in 6 contracts
Samples: www.kilrich.ca, Sales Agreement, Sales Agreement
