Supplier’s Delay Sample Clauses

Supplier’s Delay. 9.1. lf the Supplier for reasons attributable to it, fails to complete the Services by the agreed time, the Purchaser may by notice in writing to the Supplier fix a reasonable final period for completing the Services, which shall not be less than one week. lf the Supplier for reasons attributable to the Supplier fails to fulfil its obligations within such final period, the Purchaser may terminate the Contract by notice in writing to the Supplier and may itself carry out or employ a reasonably skilled third party to carry out the necessary work. 9.2. Where such work has been undertaken by the Purchaser or a third party pursuant to Clause 9.1., the Supplier shall reimburse the reasonable costs thereof incurred by the Purchaser as well as any remuneration already paid by the Purchaser to the Supplier pursuant to Clause 4.1. related to such part of the Services which proved to be of no benefit to the Purchaser, the aforementioned payments being in full settlement of the Supplier’s obligations with regard to the failure to complete the Services by the agreed time.
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Supplier’s Delay. If the Supplier is delayed at any time during the progress of the Work by the neglect or failure of the Purchaser or by a cause described below, then the time for completion of the relevant Work and/or affected delivery date(s) may be extended by the Supplier for a commensurate period of time subject to the following conditions: 1. The cause of the delay must arise after the notice of award and neither was nor could have been anticipated by the Supplier by reasonable investigation before such award; 2. The Supplier demonstrates to the Purchaser that the completion of the Work and/or affected delivery(ies) will be actually and necessarily delayed; 3. The effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay; and 4. The Supplier makes written request and provides other information to the Purchaser as described in section 8.02 (Notification of Supplier Delay). A delay that meets all of the conditions of this section shall be deemed an excusable delay. Any concurrent delay that does not constitute an excusable delay shall not be the sole basis for denying a request hereunder. None of the above shall relieve the Supplier of any liability for the payment of any liquidated damages owing from a failure to complete the Work by the specified time for completion pursuant to Article 9 (Liquidated Damages) for delays occurring prior or subsequent to the occurrence of an excusable delay. The Purchaser reserves the right to rescind or shorten any extension previously granted if, subsequently, the Purchaser determines that any information provided by the Supplier in support of a request for an extension of time was erroneous provided that such information or facts, if known, would have resulted in a denial of the request for an excusable delay. Notwithstanding the above, the Purchaser will not rescind or shorten any extension previously granted if the Supplier acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Supplier.
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Supplier’s Delay. 9.1 If delivery of the Goods is delayed, Supplier shall pay a penalty to Purchaser. The percentage penalty for not meeting the delivery date shall be 0.35 % of the Price per calendar day. Supplier's cumulative liability for penalty under this Article is, however, limited to 20% of the Price. 9.2 Purchaser may in addition claim damages for delays according to law.
Sample 1
Supplier’s Delay. 13.1 In the event that the delivery of the Goods, whether partially or in whole, is delayed beyond the delivery time specified in the Purchase Order, Supplier will be automatically in default (in Dutch: verzuim) without a formal notice of default (in Dutch: ingebrekestelling) being required. If delivery of the Goods has not taken place within the agreed time of delivery or it is obvious that such a delay will occur, Buyer has the right to terminate according to Art. 14.1 or uphold the Purchase Order. Xxxxx is always entitled to terminate according to Art. 14.1 if maximum penalty according to Art. 13.2 is reached or it is obvious that the delay will result in maximum penalty. 13.2 In addition to its rights under the law, Xxxxx is entitled to claim a penalty for delay if the delay is not caused by Buyer or by someone it is responsible for or delivery has been prevented by Force Majeure. Unless other- wise agreed in writing this penalty shall be 0,75% of the Price per day for the duration of the delay limited to 15% of the Price, which fine is immediately due and payable, notwithstanding Buyer’s rights to claim the actual damage incurred from Supplier. Article 6:92 of the Dutch Civil Code does not apply. 13.3 Supplier is obliged to reduce the extent and consequences of any possible delay.
Sample 1
Supplier’s Delay. 12.1 If delivery of the Goods has not taken place within the agreed time of delivery 12.2 is reached or it is obvious that the delay will result in maximum penalty. 12.2 Buyer is entitled to claim a penalty for delay if the delay is not caused by Buyer or by someone it is responsible for or delivery has been prevented by Force Majeure. Unless other- wise agreed in writing this penalty shall be 0,75% of the Price per day for the duration of the delay limited to 15% of the Price. 12.3 Supplier is obliged to reduce the extent and consequences of any possible delay. 12.4 Buyer can chose between penalty according to Art. 12.2 or compensation in full if the delay or the consequences of the delay is caused by faults or omissions by Supplier or by someone it is responsible for.
Sample 1
Supplier’s Delay. 12.1 If de livery of the Goods has not taken place within the agreed time of delivery or it is obvious that such a delay will occur, Purchaser has the right to terminate according to Art. 13.1 or uphold the Purchase Order. Purchaser is always entitled to terminate according to Art. 13.1 if maximum penalty according to Art. 12.2 is reached or it is obvious that the delay will result in maximum penalty. 12.2 Purchaser is entitled to claim a penalty for delay if the delay is not caused by Purchaser or by someone it is responsible for or delivery has been prevented by Force Majeure. Unless other- wise agreed in writing this penalty shall be 0,75% of the Price per day for the duration of the delay limited to 15% of the Price. 12.3 Supplier is obliged to reduce the extent and consequences of any possible delay. 12.4 Purchaser can chose between penalties according to Art. 12.2 or compensation in full if the delay or the consequences of the delay is caused by faults or omissions by Supplier or by someone it is responsible for.
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Supplier’s Delay 
Sample 1
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Related to Supplier’s Delay

  • Force Majeure Delays In any case where either party hereto is required to do any act (other than the payment of money), delays caused by or resulting from Acts of God or Nature, war, civil commotion, fire, flood or other casualty, labor difficulties, shortages of labor or materials or equipment, government regulations, delay by government or regulatory agencies with respect to approval or permit process, unusually severe weather, or other causes beyond such party’s reasonable control the time during which act shall be completed, shall be deemed to be extended by the period of such delay, whether such time be designated by a fixed date, a fixed time or “a reasonable time.”

  • Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within 10 days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part.

  • Excusable Delay The parties shall not be obligated to perform and shall not be deemed to be in default hereunder, if the performance of a non-monetary obligation required hereunder is prevented by the occurrence of any of the following, other than as the result of the financial inability of the party obligated to perform: acts of God, strikes, lock-outs, other industrial disturbances, acts of a public enemy, war or war-like action (whether actual, impending or expected and whether de jure or de facto), acts of terrorists, arrest or other restraint of government (civil or military), blockades, insurrections, riots, epidemics, landslides, lightning, earthquakes, fires, hurricanes, storms, floods, washouts, sink holes, civil disturbances, explosions, breakage or accident to equipment or machinery, confiscation or seizure by any government or public authority, nuclear reaction or radiation, radioactive contamination or other causes, whether of the kind herein enumerated or otherwise, that are not reasonably within the control of the party claiming the right to delay performance on account of such occurrence.

  • 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.

  • FORCE MAJEURE CLAUSE Contractor shall be excused from performance hereunder during the time and to the extent that it is prevented from obtaining delivery, or performing by act of God, fire, strike, loss, or shortage of transportation facilities, lock-out, commandeering of materials, product, plant, or facilities by the government, when satisfactory evidence thereof is presented to the District, provided that it is satisfactorily established that the

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

  • Warranty Work Failure by the Contractor to take corrective action within twenty four (24) hours after personal or telephonic notice by the County's OC Public Works on items affecting essential use of the facility, safety or the preservation of property, and within ten (10) calendar days following written notice on other deficiencies, will result in the County taking whatever corrective action it deems necessary. All costs resulting from such action by the County will be claimed against Contractor or, if necessary, the Contractor's Performance Bond.

  • WARRANTY OF CONTRACTOR’S ABILITY TO PERFORM The Contractor warrants that, to the best of its knowledge, there is no pending or threatened action, proceeding, or investigation, or any other legal or financial condition, that would in any way prohibit, restrain, or diminish the Contractor’s ability to satisfy its Contract obligations. The Contractor warrants that neither it nor any affiliate is currently on the Suspended Vendor List, Convicted Vendor List, or the Discriminatory Vendor List, or on any similar list maintained by any other state or the federal government. The Contractor shall immediately notify the Department in writing if its ability to perform is compromised in any manner during the term of the Contract. Contractor’s candidates shall complete this Resume Self-Certification Form. Completed Resume Self-Certification Forms shall be submitted within the Contractor’s response to Customer’s requests for quote. “I the undersigned do hereby certify, under the penalty of perjury, that information in my resume submitted for consideration of the State of Florida contract position is true, correct, complete, and made in good faith to the best of my knowledge and belief. If an omission, falsification, misstatement, or misrepresentation has been made regarding my education, work ability, experience, employment history, and/or fitness for employment as a contractor, I may be disqualified as a contractor, and the matter will be reported to appropriate agency or law enforcement personnel. I understand that there may be civil and/or criminal penalties for misrepresenting pertinent information in connection with contract positions, including, but not limited to, penalties available under sections 287.133 or 817.566, Florida Statutes. I further understand that if I am not a United States citizen, violation cases may be reported to the US Department of Homeland Security for potential deportation.” “In addition, I the undersigned do hereby consent to the release of my information by employers, educational institutions, law enforcement agencies, and other individuals and organizations to investigators and other authorized agents of Florida for verification and investigation purposes. I understand that any documents submitted to procure a contract(s) with the State of Florida, including resumes, are public records.” Print Full Legal Name of Candidate Candidate’s Signature Date Candidate’s Form of Identification Presented Identification number Contractor’s Witness Signature One Date Contractor’s Witness Signature Two Date Print Name Contractor’s Witness One Print Name Contractor’s Witness Two Customers shall complete this Contractor Selection Justification Form for each candidate selected and attach all completed forms to the purchase order. Date: Contractor’s Name: Contractor’s Contact Information: Candidate’s Name: Address: _ Phone: _ Email: Date Candidate will be available: _ Hourly rate of candidate: $ Position candidate recommended for: _ Justification for selection of candidate: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Agency: Division/Section/Unit: _ Printed Name: _ Title: _ Signature _ Date: Contractor's Name: Quarter: Purchase Order (PO) Number: PO Total $ Amount: PO Starting Date Ending Date Please review the attached Rating Definitions and provide your opinion by rating the following: 1. Effectiveness performing tasks 2. Quality & completeness of work 3 ❒ 3 ❒ 2 ❒ 2 ❒ 1 ❒ 1 ❒

  • Contract Work Contract work means capital project work within existing plant facilities, major maintenance and/or revamp work, plant modifications and/or shutdown work, minor maintenance and/or repair work, breakdown maintenance.

  • 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).

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