Common use of The Supplier’s delay Clause in Contracts

The Supplier’s delay. Where the Supplier fails to provide timely Delivery, and this is not due to circumstances on the part of the Buyer or force majeure, such delay shall constitute delay in Delivery. This applies if the entire Delivery Item or only part thereof is delayed (partial delay/back order). Where a delay occurs or is expected to occur, the Supplier shall promptly take effective steps to remedy or to reduce such delay. The Supplier shall furthermore promptly notify the Buyer in writing that delay has occurred or is expected to occur and state the cause of such delay and its expected duration. In the notification, the Supplier shall indicate the steps to be taken by the Supplier to remedy or reduce the delay. In the event of delay of the Delivery Item, the Supplier shall pay to the Buyer a daily Liquidated Damage. The Liquidated Damages shall be calculated per Day on the basis of the price of the Delivery Items delayed. The Liquidated Damages shall be at a rate of 0,25 % per Day, however not less than amount equal to DKK 1,500 per Day. The Liquidated Damages amount of each delay of a Delivery Item shall not exceed 10 % of the price of the Delivery Items delayed. Notwithstanding the above, the Liquidated Damages for each delay shall never be less than DKK 3000 (three thousand) or amount equal to DKK 3000 (three thousand), which covers the internal administration costs of DALO. If the Supplier has not received a written notice of payment of Liquidated Damages from the Buyer within 12 (twelve) months after the Liquidated Damage has fallen due, or if the Buyer has failed within the same time-limit to set off the amount of the Liquidated Damages against payments to be made by the Buyer to the Supplier, the n the Buyer shall forfeit the right to the accrued Liquidated Damages. The Buyer shall not be entitled to any damages for delay besides the above Liquidated Damages for the delay.

Appears in 2 contracts

Samples: Framework Agreement, Framework Agreement

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The Supplier’s delay. Where If the Supplier fails to provide timely Delivery, and this is not due to circumstances on the part of the Buyer or force majeure, cf. clause 15, such delay shall constitute delay in Delivery. This applies if performance, whether or not the entire or only a part of the Delivery Item or only part thereof is delayed (partial delay/back order). Where a delay occurs or is expected to occur, the Supplier shall promptly take effective steps to remedy or to reduce such delay. The Supplier shall furthermore promptly notify the Buyer in writing that delay has occurred or is expected to occur and state the cause of such delay and its expected duration. In the notification, the Supplier shall indicate the steps to be taken by the Supplier to remedy or reduce the delay. In the event of delay of the a Delivery Item or a part of a Delivery Item, the Supplier shall pay to the Buyer a daily Liquidated DamageDamages. The Liquidated Damages shall be calculated per Day on the basis of the price of the delayed Delivery Items delayedItem or delayed part of the Delivery Item. The Liquidated Damages shall be at a rate of 0,25 % per Day, however not less than amount equal to DKK 1,500 per Day. The Liquidated Damages amount of for each delay of a Delivery Item or part of a Delivery Item (e.g. a specific product line/position on a Purchase Order or part of such product line/position) shall amount to 0,25 % per Day of the price of the delayed item. However, the Liquidated Damages amount shall not exceed 10 % of the price of the Delivery Items delayeddelayed item. Notwithstanding the above, the Liquidated Damages for each delay shall Purchase Order must never be less than DKK 3000 (three thousand) DKK or amount equal to DKK 3000 (three thousand)) DKK, which covers the internal administration costs of DALO. If the Supplier has not received a written notice of payment of Liquidated Damages Damage s from the Buyer within 12 (twelve) months after the Liquidated Damage has fallen due, or if the Buyer has failed within the same time-limit to set off the amount of the Liquidated Damages against payments to be made by the Buyer to the Supplier, the n then the Buyer shall forfeit the right to the accrued Liquidated Damages. The Buyer shall not be entitled to any damages for delay besides the above Liquidated Damages for the delay.

Appears in 1 contract

Samples: Framework Agreement

The Supplier’s delay. Where the Supplier fails to provide timely Delivery, and this is not due to circumstances on the part of the Buyer or force majeure, such delay shall constitute delay in Delivery. This applies if the entire Delivery Item or only part thereof is delayed (partial delay/back order). Where a delay occurs or is expected to occur, the Supplier shall promptly take effective steps to remedy or to reduce such delay. The Supplier shall furthermore promptly notify the Buyer in writing that delay has occurred o c- curred or is expected to occur and state the cause of such delay and its expected durationdura- tion. In the notification, the Supplier shall indicate the steps to be taken by the Supplier to remedy or reduce the delay. In the event of delay of the Delivery Item, the Supplier shall pay to the Buyer a daily Liquidated Damage. The Liquidated Damages shall be calculated per Day on the basis of the price of the Delivery Items delayed. The Liquidated Damages shall be at a rate of 0,25 0,5 % per Day, however not less than 500 (five hundred) DKK of an amount equal to 500 (five hundred) DKK 1,500 per Day. The Liquidated Damages amount of each delay of a Delivery Item shall not exceed 10 20 % of the price of the Delivery Items delayed. Notwithstanding the above, the Liquidated Damages for each delay shall never be less than DKK 3000 (three thousand) DKK or amount equal to DKK 3000 (three thousand)) DKK, which covers the internal administration costs of DALO. If the Supplier has not received a written notice of payment of Liquidated Damages Damage s from the Buyer within 12 (twelve) months after the Liquidated Damage has fallen due, or if the Buyer has failed within the same time-limit to set off the amount of the Liquidated Damages Dam- ages against payments to be made by the Buyer to the Supplier, the n then the Buyer shall forfeit the right to the accrued Liquidated Damages. The Buyer shall not be entitled to any damages for delay besides the above Liquidated Damages for the delay.

Appears in 1 contract

Samples: Framework Agreement

The Supplier’s delay. Where the Supplier fails to provide timely Delivery, and this is not due to circumstances on the part of the Buyer or force majeure, such delay shall constitute delay in Delivery. This applies if the entire Delivery Item or only part thereof is delayed (partial delay/back order). Where a delay occurs or is expected to occur, the Supplier shall promptly take effective steps to remedy or to reduce such delay. The Supplier shall furthermore promptly notify the Buyer in writing that delay has occurred or is expected to occur and state the cause of such delay and its expected duration. In the notification, the Supplier shall indicate the steps to be taken by the Supplier to remedy or reduce the delay. In the event of delay of the Delivery Item, the Supplier shall pay to the Buyer a daily Liquidated Damage. The Liquidated Damages shall be calculated per Day on the basis of the price of the Delivery Items delayed. The Liquidated Damages shall be at a rate of 0,25 0,75% per Day, however not less than amount (equal to DKK 1,500 3000 DKK) per Day. The Liquidated Damages amount of each delay of a Delivery Item shall not exceed 10 % of the price of the Delivery Items delayed. Notwithstanding the above, the Liquidated Damages for each delay shall never be less than DKK 3000 (three thousand) DKK or amount equal to DKK 3000 (three thousand)) DKK, which covers the internal administration costs of DALO. If the Supplier has not received a written notice of payment of Liquidated Damages Damage s from the Buyer within 12 (twelve) months after the Liquidated Damage has fallen due, or if the Buyer has failed within the same time-limit to set off the amount of the Liquidated Damages against payments to be made by the Buyer to the Supplier, the n then the Buyer shall forfeit the right to the accrued Liquidated Damages. The Buyer shall not be entitled to any damages for delay besides the above Liquidated Damages for the delay.

Appears in 1 contract

Samples: Framework Agreement

The Supplier’s delay. Where If the Supplier fails to provide timely Delivery, and this is not due to circumstances that entail a right on the part of the Buyer Supplier to postpone the time of Delivery, see clause 11.2, or force majeure, see clause 15, such delay shall constitute delay in Delivery. This applies if performance, whether or not the entire or only a part of the Delivery Item or only part thereof is delayed (partial delay/back order). Where a delay occurs or is expected to occur, the Supplier shall promptly take effective steps to remedy or to reduce such delay. The Supplier shall furthermore promptly notify the Buyer in writing that delay has occurred or is expected to occur and state the cause of such delay and its expected duration. In the notification, the Supplier shall indicate the steps to be taken by the Supplier to remedy or reduce the delay. In addition, the Supplier shall notify the Buyer on an ongoing basis about the delay that has occurred or is expected to occur, including when Delivery is expected. In the event of delay of the a Delivery Item, in whole or in part, the Buyer shall be entitled to charge a Penalty from the Supplier shall pay due to the delay, see below. However, the Buyer may choose not to charge a daily Liquidated DamagePenalty if the delay is due to circumstances that are beyond the Supplier’s control, but without entailing a right on the part of the Supplier to postpone the time of Delivery, see clause 12. 1, or in case of force majeure, see clause 16. The Liquidated Damages shall be calculated per Day on the basis decision of whether or not to charge a Penalty in case of the price of Supplier’s delay shall rest exclusively with the Delivery Items delayedBuyer. The Liquidated Damages shall be at a rate of 0,25 % per Day, however not less than amount equal to DKK 1,500 per Day. The Liquidated Damages amount of Penalty for each delay of a Delivery Item or part of a Delivery Item (e.g. a specific product line/position on a Purchase Order or part of such product line/position) shall amount to 0,5% per Day of the price of the delayed item. However, the Penalty amount shall not exceed 10 exceed30% of the price of the Delivery Items delayeddelayed item. Notwithstanding the above, the Liquidated Damages Penalty for each delay shall Purchase Order must never be less than DKK 3000 (three thousand) DKK or amount equal to DKK 3000 (three thousand)) DKK, which covers the internal administration costs of DALO. If the Supplier has not received a written notice of payment of Liquidated Damages Penalty from the Buyer within 12 (twelve) months after the Liquidated Damage Penalty has fallen due, or if the Buyer has failed within the same time-limit to set off the amount of the Liquidated Damages Penalty against payments to be made by the Buyer to the Supplier, the n then the Buyer shall forfeit the right to the accrued Liquidated DamagesPenalty. The Buyer shall not be entitled to any damages for delay besides the above Liquidated Damages Penalty for the delay.

Appears in 1 contract

Samples: Framework Agreement

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The Supplier’s delay. Where If the Supplier fails to provide timely Delivery, and this is not due to circumstances on the part of the Buyer or force majeure, cf. clause 15, such delay shall constitute delay in Delivery. This applies if performance, whether or not the entire or only a part of the Delivery Item or only part thereof is delayed (partial delay/back order). Where a delay occurs or is expected to occur, the Supplier shall promptly take effective steps to remedy or to reduce such delay. The Supplier shall furthermore promptly notify the Buyer in writing that delay has occurred or is expected to occur and state the cause of such delay and its expected duration. In the notification, the Supplier shall indicate the steps to be taken by the Supplier to remedy or reduce the delay. In the event of delay of the a Delivery Item or a part of a Delivery Item, the Supplier shall pay to the Buyer a daily Liquidated DamageDamages. The Liquidated Damages shall be calculated per Day on the basis of the price of the delayed Delivery Items delayedItem or delayed part of the Delivery Item. The Liquidated Damages shall be at a rate of 0,25 % per Day, however not less than amount equal to DKK 1,500 per Day. The Liquidated Damages amount of for each delay of a Delivery Item or part of a Delivery Item (e.g. a specific product line/position on a Purchase Order or part of such product line/position) shall amount to 0,5 % per Day of the price of the delayed item. However, the Liquidated Damages amount shall not exceed 10 35 % of the price of the Delivery Items delayeddelayed item. Notwithstanding the above, the Liquidated Damages for each delay shall Purchase Order must never be less than DKK 3000 (three thousand) DKK or amount equal to DKK 3000 (three thousand)) DKK, which covers the internal administration costs of DALO. If the Supplier has not received a written notice of payment of Liquidated Damages Damage s from the Buyer within 12 (twelve) months after the Liquidated Damage has fallen due, or if the Buyer has failed within the same time-limit to set off the amount of the Liquidated Damages against payments to be made by the Buyer to the Supplier, the n then the Buyer shall forfeit the right to the accrued Liquidated Damages. The Buyer shall not be entitled to any damages for delay besides the above Liquidated Damages for the delay.

Appears in 1 contract

Samples: Framework Agreement

The Supplier’s delay. Where If the Supplier fails to provide timely Delivery, and this is not due to circumstances on the part of the Buyer or force majeure, cf. clause 15, such delay shall constitute delay in Delivery. This applies if performance, whether or not the entire or only a part of the Delivery Item or only part thereof is delayed (partial delay/back order). Where a delay occurs or is expected to occur, the Supplier shall promptly take effective steps to remedy or to reduce such delay. The Supplier shall furthermore promptly notify the Buyer in writing that delay has occurred or is expected to occur and state the cause of such delay and its expected duration. In the notification, the Supplier shall indicate the steps to be taken by the Supplier to remedy or reduce the delay. In the event of delay of the a Delivery Item or a part of a Delivery Item, the Supplier shall pay to the Buyer a daily Liquidated DamageDamages. The Liquidated Damages shall be calculated per Day on the basis of the price of the delayed Delivery Items delayedItem or delayed part of the Delivery Item. The Liquidated Damages shall be at a rate of 0,25 % per Day, however not less than amount equal to DKK 1,500 per Day. The Liquidated Damages amount of for each delay of a Delivery Item or part of a Delivery Item (e.g. a specific product line/position on a Purchase Order or part of such product line/position) shall amount to 1 % per Week of the price of the delayed item. However, the Liquidated Damages amount shall not exceed 10 15 % of the price of the Delivery Items delayeddelayed item. Notwithstanding the above, the Liquidated Damages for each delay shall Purchase Order must never be less than DKK 3000 (three thousand) DKK or amount equal to DKK 3000 (three thousand)) DKK, which covers the internal administration costs of DALO. If the Supplier has not received a written notice of payment of Liquidated Damages Damage s from the Buyer within 12 (twelve) months after the Liquidated Damage has fallen due, or if the Buyer has failed within the same time-limit to set off the amount of the Liquidated Damages against payments to be made by the Buyer to the Supplier, the n then the Buyer shall forfeit the right to the accrued Liquidated Damages. The Buyer shall not be entitled to any damages for delay besides the above Liquidated Damages for the delay.

Appears in 1 contract

Samples: Framework Agreement

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