Supply Disruption. 21.1. All or part of the Products and/or the Services to be delivered and/or performed, according to the present Contract (“Supplies”) are produced, delivered, performed in, and/or sourced from areas that are or may become affected by the COVID-19 pandemic (including variants) and/or a shortage or interruption or delay in the transportation or procurement of raw materials, power and/or components (“Circumstances”). 21.2. Such Circumstances, even if known at the time of issuing or signing the present Contract, may trigger stoppage, hindrance or delays in the Supplier’s ability to produce, deliver, perform and/or source the Supplies. 21.3. Consequently, notwithstanding any other provision of the Contract or order: (a) The delivery schedule, performance schedule and/or lead times shall be deemed to be indicative and are provided for information purposes only. The Supplier shall inform the Buyer of any changes. (b) Such Circumstances shall be considered as a cause for excusable delay. The Supplier shall not be liable for any claims, costs or losses resulting from such delays including, without limitation, for delay penalties, liquidated or other damages. In addition, such delays shall not constitute grounds for termination for default. (c) If such Circumstances render the performance of the Contract or order burdensome and/or more onerous for the Supplier (including increased costs to perform), both Parties shall meet to adjust the Contract or order conditions, including pricing and scheduling conditions. In the event that the Parties are unable to agree such adjustments within 30 days of a request for a meeting from the Supplier, the Supplier shall be entitled to terminate the affected Contract or order, without liability. In such case, the Supplier shall be paid for all Supplies then already delivered or performed.
Appears in 2 contracts
Samples: General Terms of Sale, General Terms of Sale
Supply Disruption. 21.1. All or part of the Products and/or the Services to be delivered and/or performed, according to the present Contract (“Supplies”) are produced, delivered, performed in, and/or sourced from areas that are or may become affected by the COVID-19 COVID‐19 pandemic (including variants) and/or a shortage or interruption or delay in the transportation or procurement of raw materials, power and/or components (“Circumstances”).
21.2. Such Circumstances, even if known at the time of issuing or signing the present Contract, may trigger stoppage, hindrance or delays in the Supplier’s ability to produce, deliver, perform and/or source the Supplies.
21.3. Consequently, notwithstanding any other provision of the Contract or order:
(a) The delivery schedule, performance schedule and/or lead times shall be deemed to be indicative and are provided for information purposes only. The Supplier shall inform the Buyer of any changes.
(b) Such Circumstances shall be considered as a cause for excusable delay. The Supplier shall not be liable for any claims, costs or losses resulting from such delays including, without limitation, for delay penalties, liquidated or other damages. In addition, such delays shall not constitute grounds for termination for default.
(c) If such Circumstances render the performance of the Contract or order burdensome and/or more onerous for the Supplier (including increased costs to perform), both Parties shall meet to adjust the Contract or order conditions, including pricing and scheduling conditions. In the event that the Parties are unable to agree such adjustments within 30 days of a request for a meeting from the Supplier, the Supplier shall be entitled to terminate the affected Contract or order, without liability. In such case, the Supplier shall be paid for all Supplies then already delivered or performed.the
Appears in 1 contract
Samples: General Terms of Sale
Supply Disruption. 21.1. All or part of the Products and/or the Services to be delivered and/or performed, according to the present Contract (“Supplies”) are produced, delivered, performed in, and/or sourced from areas that are or may become affected by the COVID-19 pandemic (including variants) and/or a shortage or interruption or delay in the transportation or procurement of raw materials, power and/or components (“Circumstances”).
21.2. Such Circumstances, even if known at the time of issuing or signing the present Contract, may trigger stoppage, hindrance or delays in the Supplier’s ability to produce, deliver, perform and/or source the Supplies.
21.3. Consequently, notwithstanding any other provision of the Contract or order:
(a) The delivery schedule, performance schedule and/or lead times shall be deemed to be indicative and are provided for information purposes only. The Supplier shall inform the Buyer of any changes.
(b) Such Circumstances shall be considered as a cause for excusable delay. The Supplier shall not be liable for any claims, costs or losses resulting from such delays including, without limitation, for delay penalties, liquidated or other damages. In addition, such delays shall not constitute grounds for termination for default.
(c) If such Circumstances render the performance of the Contract or order burdensome and/or more onerous for the Supplier (including increased costs to perform), both Parties shall meet to adjust the Contract or order conditions, including pricing and scheduling conditions. In the event that the Parties are unable to agree such adjustments within 30 days of a request for a meeting from the Supplier, the Supplier shall be entitled to terminate the affected Contract or order, without liability. In such case, the Supplier shall be paid for all Supplies then already delivered or performed.the
Appears in 1 contract
Samples: General Terms of Sale