Responsibility for Breach of Contract. 1. If Party B fails to deliver the products on schedule, it shall bear the following default liabilities for late delivery unless such delay is caused by force majeure: 1.1 Party B shall pay Party A 0.01% of the value of delayed products for each day of delay, capped at the full value of products. The payment of liquidated damage by Party B shall not relieve it of delivery obligation and the time of delivery shall be otherwise determined by both parties. 1.2 Party A shall be entitled to terminate the Agreement unilaterally if such delay exceeds 90 calendar days. In addition to paying the liquidated damage to Party A, Party B shall also compensate Party A for any direct loss caused thereby. 1.3 In case of partial delivery where Party B delays any part of delivery that leads to the unilateral termination of this Agreement by Party A, Party A shall be entitled to return the products already received by it to Party B, in which case Party B shall return the payment of those products, bear the cost arising from product return, and compensate Party A for any direct loss caused thereby. 2. If the products delivered by Party B are under-supplied according to the Agreement, Party B shall make up for the shortfall within the period requested by Party A, otherwise it shall bear the responsibility for breach of contract for late delivery according to the first clause of this article. 3. If the products delivered by Party B fail to meet the quality requirements of this Agreement, it shall bear the following default liabilities for quality: 3.1 If any noncompliance with quality requirements specified herein is found during on-site unpacking and inspection or installation and commissioning, Party A shall be entitled to reject products, refuse to make payment and request Party B to repair or replace products immediately. 3.2 During the warranty period, Party B shall, at its own cost, repair or replace any product with quality defect caused by Party B within the time period given by Party A.
Appears in 2 contracts
Samples: Sale and Purchase Agreement (CloudMinds Inc.), Sale and Purchase Agreement (Cloudminds Inc.)
Responsibility for Breach of Contract. 1. If Party B fails to deliver the products on schedule, it shall bear the following default liabilities responsibilities for breach of contract for late delivery unless such delay is caused by force majeure:
1.1 Party B shall pay Party A 0.01% of the value of delayed products for each day of delay, capped at the full value of products. The payment of liquidated damage by Party B shall not relieve it of delivery obligation and the time of delivery shall be otherwise determined by both parties.
1.2 Party A shall be entitled to terminate the Agreement unilaterally if such delay exceeds 90 calendar days. In addition to paying the liquidated damage to Party A, Party B shall also compensate Party A for any direct loss caused thereby.
1.3 In case of partial delivery where Party B delays any part of delivery that leads to the unilateral termination of this Agreement by Party A, Party A shall be entitled to return the products already received by it to Party B, in which case Party B shall return the payment of those products, bear the cost arising from product return, and compensate Party A for any direct loss caused thereby.
2. If the products delivered by Party B are under-supplied according to the Agreement, Party B shall make up for the shortfall within the period requested by Party A, otherwise it shall bear the responsibility for breach of contract for late delivery according to the first clause of this article.
3. If the products delivered by Party B fail to meet the quality requirements of this Agreement, it shall bear the following default liabilities responsibilities for breach of contract for quality:
3.1 If any noncompliance with quality requirements specified herein is found during on-site unpacking and inspection or installation and commissioning, Party A shall be entitled to reject products, refuse to make payment and request Party B to repair or replace products immediately.
3.2 During the warranty period, Party B shall, at its own cost, repair or replace any product with quality defect caused by Party B within the time period given by Party A.
Appears in 2 contracts
Samples: Sale and Purchase Agreement (CloudMinds Inc.), Sale and Purchase Agreement (Cloudminds Inc.)
Responsibility for Breach of Contract. 115.1 If the Leased Unit is not provided to Party B for use within the specified time due to Party A’s reasons, and if it is still not delivered after more than 60 days, Party B has the right to terminate the Agreement and request Party A to return the lease security deposit. In addition to that, Party A has no other responsibilities.
15.2 If Party B terminates or cancels the Agreement without authorization, it shall notify Party A in writing 60 days in advance, and the lease security deposit paid by Party B will not be refunded. Party B shall settle all the money owed to Party A and the property company (including but not limited to rent, property management fees, utilities, etc.) on the day of termination of the agreement. If Party B fails to deliver give a written notice in advance, Party A has the products right to require Party B to pay liquidated damages to Party A based on schedulethe monthly rent of the current year and twice the remaining lease period agreed in the Agreement (in years, it including the current year). The specific calculation is as follows: the total amount of liquidated damages = the monthly rent for the current year × the number of years remaining in the lease term (including the current year) × 2.
15.3 Party B shall bear accept the following default liabilities for late delivery unless such delay is caused by force majeure:
1.1 Leased Unit in strict accordance with the agreed time and go through the relevant acceptance procedures. Otherwise, not only Party B shall pay Party A 0.01% one thousandth of the value rent of delayed products the current month as penalty for each every day of delay, capped but also Party A shall have the right to start calculating all expenses such as rent according to the agreed starting time.
15.4 If Party B fails to pay the rent, lease security deposit, property service fee, utilities and other expenses according to the time agreed in this agreement, it shall pay Party A or the property company one thousandth of the total amount of the overdue expenses as overdue penalty for each day.
15.5 In case of any of the following breach of contract by Party B, Party A has the right to unilaterally terminate or dissolve this Agreement at any time, and the full value of products. The payment of liquidated damage lease security deposit paid by Party B shall will not relieve it of delivery obligation and the time of delivery shall be otherwise determined by both parties.
1.2 Party A shall be entitled to terminate the Agreement unilaterally if such delay exceeds 90 calendar days. In addition to paying the liquidated damage to Party A, Party B shall also compensate Party A for any direct loss caused thereby.
1.3 In case of partial delivery where Party B delays any part of delivery that leads to the unilateral termination of this Agreement refunded by Party A, and Party B shall settle all the money owed to Party A shall be entitled and the property company (including but not limited to return rent, property management fees, utilities, etc.) on the products already received day of dissolution of the Agreement, and at the same time Party A has the right to require Party B to pay liquidated damages for two months.
15.5.1 Party B fails to accept the Leased Unit and go through the acceptance formalities after more than fifteen days (including fifteen days);
15.5.2 Party B fails to make corrections after being warned by Party A or the property management company three times because of violating the national regulations or the regulations of the property management company;
15.5.3 Party B maliciously defaults on any money such as rent, lease security deposit, property service fee, water and electricity fee, air conditioning fee, etc., and refuses to pay it after being asked for payment.
15.5.4 Party B terminates its business or provides a false business license due to incomplete business qualifications;
15.5.5 Party B subleases without the consent of Party A;
15.5.6 Party B engages in illegal activities in the leased premises, which damages the public interests or the interests of others;
15.5.7 Party B changes Party A’s facilities without authorization, rebuilds or adds or changes decoration without authorization, and does not accept Party A’s treatment;
15.5.8 Party B changes the use of the Leased Unit without the consent of Party A or uses the Leased Unit in violation of the Agreement;
15.5.9 The main structure of the Unit is damaged due to Party B, in which case ’s reasons;
15.5.10 Party B shall return engages in illegal activities in the payment of those productsLeased Unit;
15.5.11 Party B violates this Agreement and does not undertake maintenance responsibility or pay maintenance expenses;
15.5.12 Due to Party B’s reasons, bear the cost arising from product returnLeased Unit is sealed up or its business license is revoked due to court enforcement, or the Leased Unit cannot be used normally;
15.5.13 Party B uses the Leased Unit to conceal contraband, inflammable and compensate explosive goods and other dangerous chemicals, or store any prohibited items such as weapons, ammunition and explosives, or engage in gambling or other illegal activities, including but not limited to selling fake and shoddy goods, endangering Party A for any direct loss caused thereby.
2. If or the products delivered by Party B are under-supplied according to the Agreement, Party B shall make up for the shortfall within the period requested by Party A, otherwise it shall bear the responsibility for breach of contract for late delivery according to the first clause of this article.
3. If the products delivered by Party B fail to meet the quality requirements of this Agreement, it shall bear the following default liabilities for quality:
3.1 If any noncompliance with quality requirements specified herein is found during on-site unpacking and inspection or installation and commissioning, Party A shall be entitled to reject products, refuse to make payment and request Party B to repair or replace products immediately.
3.2 During the warranty period, Party B shall, at its own cost, repair or replace any product with quality defect caused by Party B within the time period given by Party A.public interest;
Appears in 2 contracts
Samples: Supplementary Agreement to Lease Contract (Loha Co. Ltd.), Supplementary Agreement to Lease Contract (Loha Co. Ltd.)