Common use of Schedule and Quantity Clause in Contracts

Schedule and Quantity. 3.1. Time and quantity are of the essence in Seller’s performance hereunder, and Seller shall strictly adhere to the schedules and quantity specified in Buyer’s purchase order. 3.2. In the event of any anticipated or actual delay, including, but not limited to, delays attributed to labor disputes, Seller shall: (a) promptly notify Buyer in writing of the reasons for the delay and the actions being taken to overcome or minimize the delay; and (b) provide Buyer with a written recovery schedule. Unless Seller is excused from prompt performance as provided in Paragraph 18 of this Agreement, Buyer shall have the right to: (a) choose other transportation service providers and require a more expeditious method of transportation for the Equipment than the transportation method originally specified by Buyer, such transportation expense incurred by Buyer to be borne by Seller; or (b) order the Equipment from an alternative source and charge Seller the difference in price between the alternative Equipment and the contract Equipment. Seller shall be liable for all additional costs incurred by Xxxxx as a result thereof, including, but not limited to, price difference (including imported parts), transportation fee, related overtime pay, and all losses of deliveries to Buyer’s customers arising from Seller’s delay.