Rescheduling and Cancellation. DISTRIBUTOR may, upon at least forty five (45) days prior written notice, reschedule or cancel the Acknowledged Order without cost, penalty or additional charge to DISTRIBUTOR except orders stipulated as NCNR or requirement of 90 days notice of change, provided, however, that DISTRIBUTOR may not reschedule any order for delivery after the termination or expiration of this Agreement unless agreed to by SUPPLIER.
Rescheduling and Cancellation. Buyer may reschedule the delivery of any goods at any time up to the time of shipment for a period of up to ninety (90) days beyond the delivery date, and Buyer shall not have any liability for any costs associated with such rescheduling. Buyer may cancel this Purchase Order in whole or in part upon notice at any time and notwithstanding the fact such Purchase Order contains orders for non-cancellable/non-returnable (“NCNR”) or custom goods. Upon Buyer’s cancellation, Seller shall (a) stop work on such cancelled goods and deliver to Buyer such work in process or completed goods as may be requested by Buyer, (b) cancel orders for components or raw materials for such cancelled goods, and (c) return any unneeded components or raw materials for such cancelled goods. Unless otherwise stated on the face of this Purchase Order, all goods ordered hereunder are one hundred percent (100%) cancellable and one hundred percent (100%) returnable with no restocking or other such charges. Except for cancellation due to default or delay by Seller, Seller shall be entitled to commercially reasonable compensation for NCNR goods and custom components to the extent such liability is indicated on the face of this Purchase Order, which were properly ordered by Seller and which Seller cannot return, cancel or broker using diligent efforts within ninety (90) days after notice of cancellation by Buyer. The total compensation paid by Buyer for any NCNR or custom goods subject to cancellation shall not exceed the price on this Purchase Order for such cancelled goods. Buyer shall have no liability to Seller beyond payment of any balance owing for goods or services delivered to and accepted by Buyer prior to Seller's receipt of the notice of termination, and for work in process and completed goods requested by, delivered to, and accepted by Buyer after Seller’s receipt of notice of termination in accordance with this Section 12.
Rescheduling and Cancellation. Orders accepted by Supplier may be cancelled, rescheduled or returned by Buyer only with the written consent of Supplier (which consent Supplier may withhold for any reason) and upon payment of Supplier's cancellation, rescheduling or restocking charges. Returned products must be shipped freight prepaid. The minimum cancellation or storage charge is twenty-five percent (25%) of the value of the order. This cancellation charge may be greater than twenty five (25%) if Supplier has incurred expenses and commitments that exceed the value of twenty-five percent (25%) at the time the order is cancelled or rescheduled. At Supplier’s sole option, all deposits received by Supplier may be applied to any cancellation charges due to Supplier. Supplier shall have the right without penalty or payment to cancel any order accepted (i) if Buyer fails to make any payment when due to Supplier under the contract or any other contract (ii) if any act or omission of Buyer delays Supplier’s performance, (iii) if Buyer violates any of these Terms and Conditions, or (iv) if Buyer’s credit becomes impaired; and in the event of such cancellation Supplier shall be entitled to receive reimbursement for its reasonable and proper cancellation charges. Supplier reserves the right to discontinue any product at any time without notice. Supplier reserves the right to make changes and modifications in product design at any time without incurring any obligation to install the same on units previously purchased.
Rescheduling and Cancellation. Except in the event of unreasonable delays beyond the quoted delivery dates or an uncured default of a material term of this Agreement by Xxxx, Customer shall not have the right to change, cancel, or reschedule an accepted quotation in whole or in part without the prior consent of Xxxx. In the event Customer requests a rescheduling of any Hardware Product and such request is accepted by Xxxx, Customer agrees to promptly pay Xxxx’x standard reschedule charge. Xxxx may not cancel a quotation after it has accepted Xxxxxxxx’s signed submission thereof. Customer may not cancel an order after submission to Xxxx of a signed quotation. Any cancellations following such times will be at the non-cancelling party’s sole discretion and upon terms dictated by the non-cancelling party.
Rescheduling and Cancellation. 4.1 Unless stated otherwise in the Order Form and subject to Clauses 4.2 and 4.3 below, BUYER may reschedule delivery dates or cancel the Order Form by notifying SUPPLIER in writing no less than thirty (30) Days prior to the scheduled delivery date. In the event of cancellation, SUPPLIER shall be entitled to claim all the Charges as set in the Order Form. If BUYER cancels the Order Form less than thirty (30) Days prior to the scheduled delivery date, BUYER shall be liable to pay SUPPLIER.
(a) all payments contractually required to be made and actually made by SUPPLIER and its subcontractors to a third party as a direct consequence of the cancellation;
(b) any other direct actual cost (including reasonable allocation of overhead expenses) that SUPPLIER incurred or will incur as a direct consequence of the cancellation;
(c) the amount as agreed by the Parties in the Order Form as liquidated damages for the cancellation (in the event of a dispute over any such compensation, the Parties agree to resolve the matter amicably); and
(d) one-off installation charge and other non- recurring charge as set forth in the Order Form.
4.2 If Initial Term has been specified in the Order Form and BUYER terminates the Services prior to the end of such Initial Term, BUYER shall pay the following termination charges:
(a) all unpaid and/or outstanding Charges incurred up to and including the date of termination;
(b) all Charges that would have been payable for the remainder of the Initial Term; and
(c) any taxes payable by BUYER.
4.3 Notwithstanding anything herein to the contrary, cancellation of any services ordered from third party service provider(s) on behalf of BUYER shall be subject to the terms and conditions imposed by such service provider(s).
Rescheduling and Cancellation. Any rescheduling or cancellation of orders of Products by CUSTOMER must conform to the terms set forth below:
(a) During the period that is […***…] or less prior to the scheduled delivery date of an order, CUSTOMER shall not be permitted to modify, reschedule or cancel any order.
(b) During the period […***…] but more than […***…] prior to the scheduled delivery date of an order, CUSTOMER may modify and/or reschedule such order or part thereof. CUSTOMER will use commercially reasonable efforts to reschedule delivery of the complete order within […***…] following the originally scheduled delivery date, but shall not reschedule any delivery more than […***…] after the originally scheduled delivery date of such items. CUSTOMER may push out the scheduled delivery date up to […***…], provided that the cumulative effect is not greater than […***…] after the originally scheduled delivery date. Entropic shall use commercially reasonable efforts to accommodate a request by CUSTOMER to re-schedule any delivery to an earlier date. CUSTOMER may cancel prior rescheduled orders or part thereof; cancellation charges shall be determined per the cancellation schedule listed in Exhibit A 8(d).
(c) Outside […***…], CUSTOMER may modify, reschedule […***…] or cancel any order or part thereof at no charge to CUSTOMER. Multiple schedule changes are allowed.
(d) During the period […***…] but more than […***…] prior to the scheduled delivery date of an order, CUSTOMER may cancel orders or portions of orders per the below schedule. Supplier agrees to divert completed material and work in process to other customers wherever possible in order to minimize charges. CUSTOMER will pay the applicable cost set forth below for any order or portion of order so canceled. Additionally, Supplier agrees to use commercially reasonable efforts to stop processing material within […***…] of cancellation but in no event greater than […***…]. Cost incurred for Product inventory and work-in-process intended to service packaged device deliveries shall be as follows:
Rescheduling and Cancellation. Orders accepted by Supplier may be cancelled or rescheduled by Buyer only with the written consent of Supplier (which consent Supplier may withhold for any reason) and upon payment of Supplier's cancellation or rescheduling charges. Supplier shall have the right without penalty or payment to cancel any order accepted (i) if Buyer fails to make any payment when due to Supplier under the contract or any other contract (ii) if any act or omission of Buyer delays Supplier’s performance, (iii) if Buyer violates any of these Terms and Conditions, or (iv) if Buyer’s credit becomes impaired; and in the event of such cancellation Supplier shall be entitled to receive reimbursement for its reasonable and proper cancellation charges.
Rescheduling and Cancellation. Atheros will promptly notify Buyer if any order or part of an order cannot be filled or if there will be any delays in delivery. Atheros will use all reasonable efforts to ship and deliver on indicated dates but will not be liable for failure to do so. Alternatively, should Atheros find that the delivery date agreed on cannot be met, Atheros shall notify Buyer in writing, stating the cause of the delay and an estimated delivery date. For non-custom products, Buyer may reschedule orders accepted by Atheros and scheduled for delivery, subject to the following limitations: Days until Atheros scheduled shipment of an order Limits on order reschedules and cancellations 61 – 90 Rescheduling for a period of up to 90 days later than the original scheduled ship date. One reschedule per order only. Rescheduled orders may not be subsequently cancelled; OR Cancellation of up to 20% of original order.
Rescheduling and Cancellation. 6 ARTICLE 11 INSPECTIONS.........................................................7 ARTICLE 12
Rescheduling and Cancellation. If Expert is scheduled for a consultation, deposition, or court testimony and the case is settled or delayed, Expert’s fees for the time away from Expert’s services remain the same. Attorney can avoid charges for events requiring rescheduling or cancellation by notifying me at least one week in advance of the scheduled event.
