Delay in supply and Termination नमूना खंड

Delay in supply and Termination. 14.2.1 Should the Contractor fail to deliver the Stores or any part thereof within the period prescribed for such delivery, it shall be construed as a breach of the Contract and the Purchaser shall be entitled at his option to the following: - 14.2.1.1 To purchase from elsewhere, after 30 (thirty) days notice to the Contractor, on his account and at the risk of the Contractor, the Stores, not delivered or other items of similar description when such Stores exactly complying with the Particulars are not in the opinion of the Purchaser readily procurable, such opinion being final, without canceling the Contract in respect of the consignment(s), not yet due for delivery. 14.2.1.2 To cancel the total contract or balance portion thereof, and if so desired, to purchase or authorise the purchase of Stores not so delivered or other Stores of similar description, when such Stores exactly complying with the particulars are not, in the opinion of the Purchaser, readily procurable, such opinion being final, at the risk and cost of the Contractor. 14.2.2 In the event of action being taken under clause 14.2.1.1 or 14.2.1.2 above, the Contractor shall be liable for any loss which the Purchaser may sustain on that account provided an agreement to purchase from elsewhere, is made within 6 (six) months of the notice of failure or letter of cancellation sent to the Contractor. The Contractor shall not however be entitled to any gain on such purchase made on account of his default. The manner and method of such alternate purchase shall be at the entire discretion of the Purchaser, whose decision shall be final. This right shall be without prejudice to the right of the Purchaser, to recover the damages for breach of Contract by the Contractor as provided in the Contract or under the general law. 14.3