Common use of PREMIUM SHIPMENTS Clause in Contracts

PREMIUM SHIPMENTS. If, for any reason, Seller is unable to meet Buyer’s delivery requirements, Seller shall immediately notify Buyer of its expected duration of the delay and the reasons for such delay. Neither such notification nor an acknowledgement by Buyer shall constitute a waiver of the applicable delivery schedule or any of Buyer’s rights under the Agreement. If Buyer requires more expeditious method of transportation for the Goods other than the transportation method originally specified by Buyer because of Seller’s failure or inability to meet the specified delivery schedule, Seller shall, at Buyer’s option, (a) promptly reimburse Buyer the difference in cost which may be incurred by Buyer between the more expeditious method and the original method, (b) allow Buyer to reduce its payment of Seller’s invoices by such difference, (c) ship the goods as expeditiously as possible at Seller’s expense and invoice Buyer for the amount which Buyer would have paid for normal shipment. Seller shall also be liable for any direct and/or consequential damages incurred by Buyer resulting from any delay caused by Seller. Premium freight must be so noted on shipping documents.

Appears in 2 contracts

Samples: Purchasing Terms and Conditions, Purchasing Terms and Conditions

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PREMIUM SHIPMENTS. If, for any reason, Seller is unable to meet Buyer’s Xxxxx's delivery requirements, requirements Seller shall immediately notify Buyer of its expected duration of the delay and the reasons for such delay. Neither such notification nor an acknowledgement acknowledgment by Buyer shall constitute a waiver of the applicable delivery schedule or any of Buyer’s rights under the this Agreement. If Buyer requires a more expeditious method of transportation for the Goods other than the transportation method originally specified by Buyer because of Seller’s 's failure or inability to meet the specified delivery schedule, Seller shall, at Buyer’s 's option, (a) promptly reimburse Buyer the difference in cost which may be incurred by Buyer between the more expeditious method and the original method, (b) allow Buyer to reduce its payment of Seller’s 's invoices by such difference, or (c) ship the goods Goods as expeditiously as possible at Seller’s 's expense and invoice Buyer for the amount which Buyer would have paid for normal shipment. Seller shall also be liable for any direct and/or consequential damages incurred by Buyer resulting from any delay caused by Seller. Premium freight must be so noted on shipping documents.

Appears in 1 contract

Samples: acument.com

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PREMIUM SHIPMENTS. If, for any reason, Seller is unable to meet Buyer’s 's delivery requirements, requirements Seller shall immediately notify Buyer of its expected duration of the delay and the reasons for such delay. Neither such notification nor an acknowledgement acknowledgment by Buyer shall constitute a waiver of the applicable delivery schedule or any of Buyer’s rights under the this Agreement. If Buyer requires a more expeditious method of transportation for the Goods other than the transportation method originally specified by Buyer because of Seller’s 's failure or inability to meet the specified delivery schedule, Seller shall, at Buyer’s 's option, (a) promptly reimburse Buyer the difference in cost which may be incurred by Buyer between the more expeditious method and the original method, (b) allow Buyer to reduce its payment of Seller’s 's invoices by such difference, or (c) ship the goods Goods as expeditiously as possible at Seller’s 's expense and invoice Buyer for the amount which Buyer would have paid for normal shipment. Seller shall also be liable for any direct and/or consequential damages incurred by Buyer resulting from any delay caused by Seller. Premium freight must be so noted on shipping documents.

Appears in 1 contract

Samples: www.acument.com

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