Supplier Delays Clause Samples

The Supplier Delays clause defines the responsibilities and consequences when a supplier fails to deliver goods or services on time. Typically, it outlines what constitutes a delay, the process for notifying the other party, and any remedies such as penalties, liquidated damages, or the right to terminate the contract if delays persist. This clause ensures that both parties are aware of the expectations regarding delivery timelines and provides a clear mechanism for addressing late performance, thereby minimizing disruptions and allocating risk associated with supplier delays.
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Supplier Delays. Subject to Section 6.11 and Section 17, if the Supplier has not despatched the Products (or any of them) by the Despatch Date then: (a) the Customer may notify the Supplier in writing of the delay and require Delivery within ten (10) Business Days of such notice; and (b) if Delivery of those Products does not take place within that extended period then that Order (or the relevant part of it) will be deemed cancelled (and neither Party shall have any liability to the other in respect of that part of the Order) and the Customer may obtain similar products in respect of that Order from an alternative supplier (on the condition that it notifies the Supplier in advance of its intention to do so). The Parties agree and acknowledge that this Section 6.10 sets out the Customer’s only remedy for any delay or failure by the Supplier to Deliver the Products (in whole or in part) and any such delay or failure will not be a breach of the Agreement. The Supplier will not be liable for any loss or damage arising from or relating to its delay or failure to Deliver the Products including the Customer’s costs of obtaining similar products from an alternative supplier.
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Supplier Delays. Subject to Section 6.12 and Section 17, if the Supplier has not delivered the Products (or any of them) by the Delivery Date then: (a) the Customer may notify the Supplier in writing of the delay and require Delivery within ten (10) Business Days of such notice; and (b) if Delivery of those Products does not take place within that extended period then that Order (or the relevant part of it) will be deemed cancelled (and neither Party shall have any liability to the other in respect of that part of the Order) and the Customer may obtain similar products in respect of that Order from an alternative supplier (on the condition that it notifies the Supplier in advance of its intention to do so).
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Supplier Delays. Subject to Section 7.13 and Section18, if the Supplier has not despatched the Products (or any of them) by the Despatch Date then: (a) the Customer may notify the Supplier in writing of the delay and require Delivery within ten (10) Business Days of such notice; and (b) if Delivery of those Products does not take place within that extended period then that Order (or the relevant part of it) will be deemed cancelled (and neither Party shall have any liability to the other in respect of that part of the Order) and the Customer may obtain similar products in respect of that Order from an alternative supplier (on the condition that it notifies the Supplier in advance of its intention to do so). 7.12 The Parties agree and acknowledge that Section 7.11 sets out the Customer’s only remedy for any delay or failure by the Supplier to Deliver the Products (in whole or in part) and any such delay or failure will not be a breach of the Agreement. The Supplier will not be liable for any loss or damage arising from or relating to its delay or failure to Deliver the Products including the Customer’s costs of obtaining similar products from an alternative supplier. 7.13 Customer Delays If the Customer fails to collect, or fails to accept any shipment of the Products or Delivery is delayed due to the Customer's carrier or a failure by the Customer to provide information or instructions that have been requested by the Supplier then: (a) risk will pass to the Customer on the Despatch Date; and/or (b) the Customer will reimburse the Supplier for any additional costs incurred (including for interim storage).
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Supplier Delays. (a) If the Supplier fails or notifies the RTA under clause 8.2 that it may fail to meet a Milestone for any reason other than: (i) a failure by the RTA to perform its obligations under this Agreement or the Purchase Order; or (ii) subject to compliance with clause 31.6 (Force Majeure), a Force Majeure Event, then the RTA is under no obligation to grant an extension of time for the achievement of that Milestone, but may in its absolute discretion grant an extension of time. (b) If no extension of time is granted by the RTA in its absolute discretion for failure to meet a Milestone, then:
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Supplier Delays. If Supplier fails to pay the Administrative Fee, or fails to submit a Quarterly Sales Statement in accordance with the requirements set forth in this Agreement, Supplier will be subject to the payment of the following sums. Because of the difficulty in determining the injury to UHC caused by such failure, the following represents an assessment of the administrative costs caused, and is not a penalty: Upon the occasion of the first failure to receive Administrative Fees or a Quarterly Report, Supplier will receive a written warning. Supplier will have fifteen (15) days to correct the deficiency. Should Supplier fail to remit the Administrative Fee or Quarterly report, Supplier will be sent a second failure notice and have fifteen (15) days to correct the deficiency. This process will continue until the Administrative Fee and Quarterly report is submitted. In addition to the failure notices, Supplier will be subject to the following fees for each quarterly failure to pay Administrative Fee or submit a Quarterly report occurrence: 2nd failure: $ 1000.00 3rd failure: $ 1,500.00 4th failure: $ 2,500.00 5th failure: $ 5,000.00 UHC’s assessment of administrative costs in accordance with this Section will be in addition to any other rights and remedies UHC may have by reason of Supplier’s failure to pay the Administrative Fees or provide the Quarterly Reports within the time and manner required by this Agreement.
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Supplier Delays. Any material delay in the project completion of longer than 3 months after the applicable Target Completion Date, up to and including completion of [*] activities, caused solely and directly by matters reasonably within the control of Supplier will be considered a Supplier delay in project. Supplier will provide a [*]% discount on all Company’s Milestone Payments at the time the delay is incurred up to and including Company’s full Company Contribution. If a delay in the project goes beyond [*] months after the applicable Target Completion Date, an additional [*]% discount will be credited within [*] days of such delay being triggered. All Supplier delay discounts will be in the form of an evenly applied discount to manufacturing services in the first [*]of commercial production. In addition, this Agreement may be terminated by Company in its sole discretion with immediate effect in the case of a delay in the project beyond [*]from the Target Completion Date. In the event of such termination, Supplier shall refund to Company all payments made, plus [*]%. Notwithstanding the foregoing, Company shall not be entitled to any discount and may not terminate this Agreement to the extent any delay in the project is due in whole or in part to Company’s actions, failure to make payments in a timely fashion, inactions, vendors and contractors engaged directly by Company, requests, changes or change orders, or a Force Majeure event that is governed by Section 25.8.
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Related to Supplier Delays

  • Excusable Delays Except with respect to defaults of subproviders, the Engineer shall not be in default by reason of any failure in performance of this contract in accordance with its terms (including any failure to progress in the performance of the work) if such failure arises out of causes beyond the control and without the default or negligence of the Engineer. Such causes may include, but are not restricted to, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather.

  • Tenant Delays A "Tenant Delay” shall be defined as any delay in the design, permitting or performance of the Base Building Work to the extent that such delay is actually caused by any act or, where there is a duty to act under this Lease, any failure to act by Tenant or Tenant's contractors, architects, engineers, or anyone else engaged by or on behalf of Tenant in connection with the construction of the Tenant Improvement Work as set forth in this Article III (including, without limitation, any delays resulting from the Approved Tenant Finishes under Section 3.l(C) above) and disclosed to Tenant as hereinafter provided. Notwithstanding the foregoing, in no event shall any delays in the completion of the Base Building Work caused by Tenant’s use of non-union labor constitute a Tenant Delay hereunder. Notwithstanding the foregoing, no event shall be deemed a Tenant Delay unless and until Landlord has given Tenant written notice (the "Tenant Delay Notice") advising Tenant: (x) that a Tenant Delay is occurring and setting forth Landlord's good faith estimate as to the likely length of such Tenant Delay; (y) of the basis on which Landlord has determined that a Tenant Delay is occurring; and (z) the actions which Landlord believes that Tenant must take to eliminate such Tenant Delay. No event shall be deemed to be a Tenant Delay unless and until Tenant has failed to rectify the situation causing the Tenant Delay within forty-eight (48) hours after Tenant's receipt of the Tenant Delay Notice (which for the purposes of determining receipt may be delivered by hand to Tenant's Construction Representative, with copies to follow to Tenant at the notice address set forth in Section 1.2 of this Lease within five (5) days thereafter); provided, however, that if Tenant shall fail to eliminate the delay within the aforesaid 48-hour period, then the 48-hour cure period shall be included in the period of time charged to Tenant pursuant to such Tenant Delay Notice (it being understood and agreed that if Tenant shall in fact eliminate the Tenant Delay within the 48-hour cure period, no Tenant Delay shall be deemed to have occurred for the purposes of this Article III). In addition, any delay to the extent caused by (i) Landlord Delay or (ii) subject to the limitations of subsection (D) below, Tenant's Force Majeure (as defined in said subsection (D)) shall not constitute Tenant Delay. Tenant covenants that no Tenant Delay shall delay commencement of the Term or the obligation to pay Annual Fixed Rent or Additional Rent. The Delivery Dates and/or the date of substantial completion of the Base Building Work, as applicable, shall be deemed to have occurred as of the date when such Delivery Dates and/or date of substantial completion of the Base Building Work, as applicable, would have occurred but for any Tenant Delays, as determined by Landlord in the exercise of its good faith business judgment (it being understood and agreed that the foregoing shall not be construed so as to relieve Landlord of its obligation to actually complete the Base Building Work, notwithstanding the fact that substantial completion may have been deemed to have occurred prior to actual completion as the result of Tenant Delays).

  • Nonconforming Work 5.6.1 Rejection, Removal and Replacement of Nonconforming Work

  • CORRECTION OF WORK 13.2.1 The Contractor shall be responsible for correcting all Work which the Architect has found to be defective or which fails to conform to the Contract Documents whether observed be- fore or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the Architect's and the State’s additional services made necessary thereby. 13.2.2 If, within one year after the Date of Substantial Completion of the Work or designated portion thereof or within one year after acceptance by the State of designated equipment or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the State to do so unless the State has previously given the Contractor a written acceptance of such condition. This obligation shall survive termination of the Contract. The State shall give such notice promptly after discovery of the condition. 13.2.3 The Contractor shall remove from the site all portions of the Work which are defective or non-conforming and which have not been corrected under Subparagraphs 4.5.1, 13.2.1 and 13.2.4 If the Contractor fails to correct defective or nonconforming Work as provided in Subparagraphs 4.5.1, 13.2.1 and 13.2.2, the State may correct it in accordance with Paragraph 13.2.5 If the Contractor does not proceed with the correction of such defective or non- conforming Work within a reasonable time fixed by written notice from the Architect, the State may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the State may upon ten additional days written notice sell such Work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor, including compensation for the Architect's and the State’s additional services and expenses made necessary thereby. If such proceeds of sale do not cover all costs which the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the State. 13.2.6 The Contractor shall bear the cost of making good all work of the State or separate contractors destroyed or damaged by such correction or removal. 13.2.7 Nothing contained in this Paragraph 13.2 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the

  • Unavoidable Delays Delays due to acts of God, acts of public agencies, labor disputes, strikes, fires, freight embargoes, inability (despite the exercise of due diligence) to obtain supplies, materials, fuels or permits, or other causes or contingencies (excluding financial inability) beyond the reasonable control of Landlord or Tenant, as applicable. Landlord shall use commercially reasonable efforts to provide Tenant with prompt notice of any Unavoidable Delays.