The Supplier’s delay Sample Clauses

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.
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The Supplier’s delay. The Supplier shall immediately notify DALO of any Delays and inform DALO about the reason of the Delay and state a new Delivery Xxx x. If the Supplier is in Delay, including Delay of the submission of documentation, cf. clause 2.7, or codification data, cf. clause 2.9, the Supplier shall pay liquidated damages to DA- LO calculated as 1 % (one per cent) of the Price for each commenced seven day period. If Partial Delivery has taken place the liquidated damages shall be calculated on the basis of the part of the Price that is related to the delayed quantity of the Deliverables. However, if Partial Delivery results in the inapplicability of already delivered De liverables, the liquidated damages shall be calculated on the basis of the value of all affected Deli v- erables. The total liquidated damages cannot exceed 10 % (ten percent) of the Price.
Sample 1
The Supplier’s delay. The Supplier shall immediately notify DALO of any Delays and inform DALO about the reason of the Delay and state a new Delivery Time. If the Supplier is in Delay, including Delay of the submission of documentation, cf. clause 2.5, or codification data, cf. clause 2.7, with the delivery of Spare Parts, cf. clause 2.3, or with the delivery of the Initial Spare Parts Package, cf. clause 2.3.1, the Supplier shall pay liquidated damages to DALO calculated as 1 % (one per cent) of the Price for each commenced seven day period. In case of Delay concerning Spare Parts, the liquidated damages shall be calculated on the basis of the price of the Spare Parts in question. If Partial Delivery has taken place the liquidated damages shall be calculated on the basis of the part of the Price that is related to the delayed quantity of the Deliverables. However, if Partial Delivery results in the inapplicability of already delivered Deliverables, the liquidated damages shall be calculated on the basis of the value of all affected Deli v- erables. The total liquidated damages cannot exceed 10 % (ten percent) of the Price.
Sample 1
The Supplier’s delay. Where the Supplier fails to provide timely Delivery of the Delivery Item, and this is not due to circumstances on the part of the Buyer or force majeure, such delay shall consti- tute delay in performance, whether or not 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 - if this is not possible - to reduce such delay. The Supplier shall furthermore promptly notify the Buyer in writing that delay has oc- curred or is expected to occur and state the cause of such delay and its expected dura- 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 penalty. The penalty shall be 750 DKK per Day. The penalty amount of each delay of De- livery Items shall not exceed 10 % of the price of the Delivery Items delayed. Notwithstanding the above, the Penalty for each delay shall never be less than 3000 DKK or amount equal to 3000 DKK, which covers the internal administration costs of DALO. The Buyer shall not be entitled to any damages for delay besides the above penalty for delay.
Sample 1

Related to The Supplier’s delay

  • 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.

  • 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 non-performance is not due to the fault or neglect of Contractor.

  • Subcontractor Representations Subcontractor represents and warrants to Contractor as follows:

  • Cyber incident damage assessment activities If DoD elects to conduct a damage assessment, the Contracting Officer will request that the Contractor provide all of the damage assessment information gathered in accordance with paragraph (e) of this clause.

  • Work Loads If an employee believes the amount of work he or she is required to perform is excessive over what is required from the rest of the staff and it will result in an occupational accident or occupational injury to him or her, the question shall be referred to Section 17 of this Agreement.

  • Contractor Representations Contractor represents and warrants to Subcontractor as follows:

  • Nonconforming Work 23.1.1 Developer shall promptly remove from Premises all Work identified by District as failing to conform to the Contract Documents whether incorporated or not. Developer shall promptly replace and re-execute its own Work to comply with the Contract Documents without additional expense to the District and shall bear the expense of making good all work of other contractors destroyed or damaged by any removal or replacement pursuant hereto and/or any delays to the District or other contractors caused thereby.

  • OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU 14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with this Agreement, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Agreement or our failure to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen, or if, at the time the Agreement is made, both we and you knew it might happen. We are not responsible for any loss or damage you suffer which is a result of you breaking this Agreement or you acting fraudulently.

  • PROJECT REPRESENTATION BEYOND BASIC SERVICES 1.2.1. The State may at its option secure the services of a person or persons known as a Clerk-of-the-Works, referred to herein as a "Clerk". The Clerk(s) shall, for all purposes of this Agreement, report and be solely responsible to the State. The State may at any time dismiss the Clerk(s) for cause or convenience; however, any such action shall not affect the State's and ARCHITECT/ENGINEER'S obligations under this Agreement. In such event, the State shall use their best efforts to secure the services of a Clerk or Clerks under this paragraph as soon as is practicable if the State deems it necessary.

  • 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.

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