Confirmed Delivery Date Clause Samples
The Confirmed Delivery Date clause establishes a specific date by which goods or services must be delivered under a contract. In practice, this clause requires the supplier to ensure that delivery occurs on or before the agreed-upon date, and may include provisions for notification or documentation to confirm that delivery has taken place. Its core function is to provide certainty and accountability regarding delivery timelines, helping to prevent disputes and manage expectations between the parties.
Confirmed Delivery Date. 5.1 In any case the Purchaser shall perform the payment of the amounts due in compliance with the Purchase Order confirmed by the Seller, even when the Purchaser fails to take delivery of the Products at the place and date as established in the aforesaid Purchase Order Confirmation.
5.2 The Seller may arrange for the Products to be stored in a warehouse without any obligation for custody, being it understood that any risks related to storage as well as any related expenses shall be borne by the Purchaser. In such case, the Seller shall notify the Purchaser in writing, by soliciting to accept delivery of the Products not later than 14 (fourteen) days after sending such notice. If the Purchaser fails to accept the delivery, the Seller shall have the right to terminate the Purchase Order and retain any pre- payment made so far in relation to the same Purchase Order as indemnity for the damages suffered, in addition to exercising any other action provided for by law in order to obtain compensation for any additional damages suffered, exceeding the retained amounts.
5.3 The Parties mutually agree that the Confirmed Delivery Date shall not be binding to the Seller. Should the Parties agree upon changing contents of Purchase Orders confirmed by the Seller, the Confirmed Delivery Date may be postponed to any later date at the Seller’s discretion.
5.4 The Seller reserves the right to deliver a quantity exceeding or lower than the ordered quantity by five per cent (5%). Any excess or shortage will be charged or deducted pro rata at the price as to Art. 2 herein.
Confirmed Delivery Date. DISTRIBUTOR will use its best efforts to place purchase orders with iSecureTrac at least [confidential treatment requested] prior to delivery dates. The delivery date on each such purchase order for iTracker-ET PTU(s) in quantities of [confidential treatment requested] shall automatically be deemed a "Confirmed Delivery Date" hereunder, and iSecureTrac shall accept and timely fill each such purchase order issued by SERVICE PROVIDER in accordance with its terms. Upon receipt of any purchase order issued [confidential treatment requested] prior to the delivery date specified thereon or for iTracker-ET PTU(s) in quantities of more than 500 units, iSecureTrac shall promptly confirm the delivery date designated thereon with DISTRIBUTOR, or arrange for a mutually agreeable alternative delivery date with DISTRIBUTOR (each, a "Confirmed Delivery Date") and shall fill each such purchase order on its Confirmed Delivery Date in accordance with its terms; provided, however, that if the parties fail to agree upon an alternative delivery date for any such purchase order within five (5) business days after iSecureTrac's receipt thereof, DISTRIBUTOR may cancel such purchase order free of charge, cancellation fee, or penalty, and all iTracker-ET PTUs listed on any such cancelled purchase order ("Cancelled Products") shall nevertheless be applied against and count towards satisfaction of the [confidential treatment requested]Commitment, subject to the Double Counting Prohibition applicable to any Previously Applied Products subsequently purchased by DISTRIBUTOR. If iSecureTrac does not confirm any delivery date to DISTRIBUTOR in writing within fifteen (15) calendar days of its receipt of the applicable purchase order, the delivery date stated thereon shall be deemed the Confirmed Delivery Date. iSecureTrac understands and agrees that all Products purchased by DISTRIBUTOR from iSecureTrac hereunder shall be purchased for the purpose of resale and other distribution by DISTRIBUTOR to third parties, and that DISTRIBUTOR may make resale and delivery commitments to its customers based on the terms of this Agreement.
Confirmed Delivery Date. 5.1 If the Buyer fails to take delivery of the Products at the place and time confirmed by Seller (“Confirmed Delivery Date”), Buyer shall remain liable for payment of Products. Seller may arrange for Products to be stored at the risk and cost of the Buyer and may subsequently direct the Buyer in writing to accept delivery of the Products within [14 days] of sending notice. If Buyer fails to accept delivery, Seller may terminate the Purchase Order, retain any pre-payments made pursuant to the accepted Purchase Order, and seek all other remedies available at law.
5.2 Seller is not bound by the Confirmed Delivery Date. The parties may mutually agree that changes to accepted Purchase Orders postpone the Confirmed Delivery Date to such other date as the Seller deems reasonable.