Time and Delivery Sample Clauses

Time and Delivery. Because Xxxxx’s business and operations are in part dependent on receipt of the Products that are the subject of this Agreement, timely delivery of the Products is essential to the performance of Seller’s obligations hereunder. Unless otherwise specified on the face of this Agreement, terms of delivery of the Products are F.O.B. destination with freight prepaid. Deliveries shall be made at the times and of the quantities specified on the face of this Agreement, and Seller shall not, without the written consent of Buyer, make shipments in advance of such schedule. Buyer may order expedited routing in place of scheduled routing, if necessary to meet schedule or recover time lost by any delay, in which event any excess transportation costs shall be paid by Seller. Buyer may postpone delivery of any Products covered hereby. Overshipments may be returned by Buyer at Seller's expense or retained by Xxxxx at no increase in price. Seller shall not make any commitment or production arrangements in excess of the amounts, or in advance of the time, necessary to meet Xxxxx’s delivery schedule for Products.

Time and Delivery. Time shall be of the essence. Unless otherwise agreed in writing Seller shall deliver on the proposed schedule. If a mutually agreed extension is arrived at for the final delivery date, the Buyer will document any such changes to the original order.

Time and Delivery. 7.1 Servent shall use reasonable endeavours to provide the Services in accordance with any timescales which may be detailed in a framework agreement document or Statement of Work. However, for the avoidance of doubt, time shall not be of the essence in the delivery of Services. 7.2 If the Customer refuses or fails to take delivery of the Services tendered in accordance with this Agreement, Servent shall be entitled to payment in full for the Services so tendered. 7.3 The response times stated in any framework agreement document or Statement of Work are subject to remote access to the Customer’s equipment via Servent’s chosen remote access software. 7.4 Servent and the Customer will hold a review meeting every 90 days to discuss all open Statements of Work and agree solutions to any problems arising.

Time and Delivery. 10.1. If access to Purchaser sites is necessary for the delivery or provision of the Supplies, the Purchaser will allow access at reasonable times. The Supplier will observe the Purchaser's health & safety and security policies and procedures, and access may be denied for non-compliance. 10.2. The Supplier must comply with the Health & Safety at Work Act 2015 and accordingly ensure as far as is reasonably practicable that the health and safety of its personnel, the personnel of the Purchaser and of other persons is not put at risk from work carried out in the performance of these Terms and that it does not do anything likely to give rise to an improvement or prohibition notice or regulatory breach under such Act. 10.3. The times and dates stated in the Purchase Order for delivery or completion (including any extension of such time or date granted in writing by Lakes District) shall be binding and are of the essence of the Agreement. 10.4. The Supplier shall deliver Product without additional charge to Lakes District, to the address stated in the Purchase Order by the stated dates for delivery. 10.5. The Supplier shall not charge Lakes District for wrapping, packing, cartons, boxing or preparing the Products for shipment unless authority for such charge is expressly incorporated in the Agreement. 10.6. The Supplier must ensure that: (a) All cases, crates and packages to be used in packaging the goods shall be protected against corrosion, weather damage, condensation, distortion, damage by vermin and the ingress of foreign matter; (b) All packaging material shall comply with all legal requirements in New Zealand which are relevant to such materials, including the requirements of the Ministry of Primary Industries and the Ministry of Agriculture and Fisheries. The Supplier shall take all necessary steps to ensure that the packing materials comply with such rules and the Supplier indemnifies Lakes District against all losses, claims or expenses suffered or incurred by it as a result of such packing material not so complying; (c) A packing slip is provided with all goods; (d) The number on the Purchase Order must be quoted on all packing slips, delivery dockets, invoices and related documents, and shown clearly on all consignments. 10.7. The Supplier shall ensure that prior to the delivery or use of any Hazardous Substance on Site, the Supplier: (a) applies appropriate labelling; (b) provides Lakes District with a copy of the current Safety Data Sheet for such ...

Time and Delivery. 4.1 Where time and/or sequence for delivery and performance by the Company is specified such provision shall be of the essence of the Contract. 4.2 Failure by the Supplier to adhere to any provision as to time contained in the contract shall entitle the Company at its option to treat the Contract as repudiated, the Company shall be entitled to exercise its option at any time after the period of the time specified shall have elapsed and shall not be prejudiced by any delay or by giving time or other indulgence to the Supplier in exercising such option. 4.3 Notwithstanding any such repudiation of the Contract, the Company shall be entitled to damages in respect of all costs, losses and expenses (including damages incurred by the Company from their customers) sustained by reason of the failure of the Supplier to meet the time agreed. 4.4 Unless the Company agrees otherwise in writing all goods and materials supplied are to be delivered by the Supplier carriage paid to the address for delivery specified in the Order. 4.5 The Supplier agrees to despatch all shipments to the delivery address (es) so that goods arrive no earlier than two working days before and no later than the date requested by the Company. 4.6 Without prejudice to the other terms and conditions of this agreement, if the Supplier is subsequently unable to meet the acknowledged schedule of delivery the Company is to be notified immediately at the first indication that the default is foreseen. 4.7 If the Supplier fails to adhere to the agreed timescales the Company (in addition to its other rights) reserves the right to:  cancel, reduce or reschedule the Contract or any part of it;  enter into contracts with third parties to complete the performance;  be paid by the Supplier for all expenses necessarily incurred by the Company in order to fulfil the Order plus any damages incurred by the Company as a result of the Supplier’s failure to adhere to the agreed timescales. 4.8 The Company may at any time, without invalidating the Contract alter, amend, omit, add to or otherwise make any changes to the Order by issuing an instruction and the Supplier shall be bound by such changes, as though they formed part of the original Order. (a) Whereever possible, prior to the issue of any instruction any affect on the programming of work, Contract programme or Contract Price shall be mutually agreed. (b) If as a result of default, breach or action on the part of the Supplier, the Company, or the Company's cl...

Time and Delivery. (a) The Supplier must deliver the Goods to Krannich Solar at the Point of Delivery on the (b) Krannich Solar is not obliged to accept early delivery of the Goods. If Krannich Solar does not accept early delivery of the Goods, the Supplier must, at its cost, hold the Goods in store until the Date for Delivery. (c) The Supplier must notify Krannich Solar immediately upon the Supplier becoming (d) The Date for Delivery may only be extended by Krannich Solar to the extent that the Supplier is delayed by an act, omission or default of Krannich Solar or an agent or (e) The period of an extension to the Date for Delivery will be a reasonable time, having regard to the cause of the delay and the steps the Supplier could reasonably have taken to mitigate the effect of the delay. (f) The cost of carriage of the Goods to the Point of Delivery, and all packing, loading and unloading is included in the Price and must be borne by the Supplier. (g) If the Goods are not properly delivered to the Point of Delivery by the Date for Delivery, then the Supplier will be in breach of this Order and Krannich Solar may, without prejudice to its other rights: (i) recover liquidated damages at the rate of 0.5% of the Price for each week or part (ii) cancel the whole or part of the Order. (h) The Supplier must comply with all safety requirements of Krannich Solar relating to the Supplier’s conduct at the Point of Delivery. (i) If Krannich Solar or any of its representatives signs a delivery docket or other document required by the Supplier to acknowledge delivery, Krannich Solar will not be (j) The Supplier must deliver all applicable material safety data sheets (MSDS) with the (k) The Supplier must ensure it can supply Krannich Solar with spare parts for the Goods a period of 10 years from the Date of Delivery under reasonable conditions. (l) Partial deliveries will not be accepted without Krannich Solar’s prior written approval, and then only on the terms agreed by Krannich Solar.

Time and Delivery. 12.1 The Hirer must deliver the Equipment to the Place for Delivery at the Time for Delivery. The Hirer must give the Principal’s Representative at least 48 hours notice of the time at which the Hirer intends to deliver the Equipment. The Time for Delivery is of the essence of this Contract. 12.2 The Principal is not obliged to accept delivery at any time prior to the Time for Delivery or at any place other than the Place for Delivery. The Hirer is responsible for holding and storing the Equipment until the Time for Delivery. 12.3 The cost of carriage of the Equipment to the Place for Delivery and from the Place for Return (including payment of all freight, insurance, port handling fees and charges), is taken to be included in the Hire Fee and borne by the Hirer. 12.4 The Hirer must, in consultation with the Principal’s Representative, consolidate deliveries of the Equipment to provide for the minimum number of shipments. 12.5 If the Principal or any of its representatives signs a delivery docket or other document required by the Hirer to acknowledge delivery, the Principal will not be taken to have accepted the Equipment as being in accordance with the terms of this Contract (whether as to quantity or quality). This applies despite any terms and conditions appearing on any such acknowledgment of delivery. 12.6 Where the Equipment is to be delivered: (a) progressively and there is more than one date specified as the Time for Delivery, then the interpretation of ‘Time for Delivery’ and the provisions of this Contract will apply separately to each delivery and references to the Equipment will mean so much of the Equipment as is comprised by the relevant delivery; and (b) progressively but there is only one date specified as the Time for Delivery, then delivery of all of the Equipment must be completed by the Time for Delivery, and interim deliveries must be made at times agreed in advance with the Principal’s Representative.

Time and Delivery. 6.1 The Provider shall use all reasonable endeavours to provide the Services in accordance with any timescales which may be detailed in a Statement of Work. 6.2 Software and Software Development shall be delivered to the Customer in machine readable form together with Documentation where applicable. 6.3 The Provider and the Customer will hold a review meeting every 90 days to discuss all open Statements of Work and agree solutions to any problems arising.

Time and Delivery. 7.1 New Signature shall use all reasonable endeavours to provide the Services in accordance with any timescales which may be detailed in the relevant Statement of Work. 7.2 New Signature and the Customer will hold a review meeting every 90 days (or at intervals otherwise agreed between the parties or otherwise reasonably requested by either party) to discuss all open Statements of Work and to endeavour to promptly agree solutions to any problems arising.

Time and Delivery. Adherence to the Delivery Date is an essential part of the Agreement. Goods shall be forwarded to the delivery location, and Services must be completed in accordance with the Purchase Order requirements. Should it be necessary to utilise premium freight to meet the agreed Delivery Date, any associated costs will be at the Seller's expense. Part delivery may be accepted if agreed in writing. Upon the occurrence of any event (including a force majeure event) likely to affect the agreed Delivery Date, the Seller will immediately give the Purchaser written notice of the event and take all steps to minimise the delay. The Purchaser may then at its sole discretion either: (a) request the Seller to supply the Goods or complete the Services by a mutually agreed alternative Delivery Date; (b) claim liquidated damages at a rate of 2% of the purchase price of the delayed Goods or Services calculated for each completed week of delay. The liquidated damages shall not exceed 20% of the purchase price of the delayed Goods or Services; or (c) cancel the Purchase Order. The Seller will be liable to the Purchaser for any loss or damage incurred or suffered by the Purchaser as a result of any delay of Goods and/or Services.