Period for Delivery. 4.1 The period for delivery shall run from the date of the order. If Seller has reason to assume that he will not be able to meet, or meet in time, all or part of his contractual obligations, he shall inform Buyer thereof immediately, stating the reasons and the likely duration of the delay. If Seller fails to do this, he shall not be entitled to claim exemption from responsibility for the delay on the grounds of the hindrance. 4.2 Should Seller fail to effect delivery within the agreed period, he shall be held liable for the delay under the existing legal provisions and the Buyer shall be entitled to recover from the Seller any and all liabilities, losses, damages, costs and expenses incurred by the Buyer as a result of the Seller’s failure to effect delivery within the agreed period. This shall not affect Seller’s obligation to pay any liquidated damages for delayed delivery as may have been agreed by the parties. If a penalty has been agreed, this can be invoked at any time until the final payment becomes due, without reservation.
Appears in 6 contracts
Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement
Period for Delivery. 4.1 The period for delivery shall run from the date of the order. If Seller Xxxxxx has reason to assume that he will not be able to meet, or meet in time, all or part of his contractual obligations, he shall inform Buyer Xxxxx thereof immediately, stating the reasons and the likely duration of the delay. If Seller fails to do this, he shall not be entitled to claim exemption from responsibility for the delay on the grounds of the hindrance.
4.2 Should Seller fail to effect delivery within the agreed period, he shall be held liable for the delay under the existing legal provisions and the Buyer shall be entitled to recover from the Seller any and all liabilities, losses, damages, costs and expenses incurred by the Buyer as a result of the Seller’s failure to effect delivery within the agreed period. This shall not affect Seller’s obligation to pay any liquidated damages for delayed delivery as may have been agreed by the parties. If a penalty has been agreed, this can be invoked at any time until the final payment becomes due, without reservation.
Appears in 3 contracts
Samples: Purchase Agreement, Purchase Agreement, Purchase Agreement
