Common use of Customer Delay Clause in Contracts

Customer Delay. Herdstar shall not be liable for any delays directly or indirectly caused by Customer and/or its employees, contractors or vendors. Delay in delivery of Product shall not relieve Customer of its obligation to accept remaining deliveries unless: (i) Herdstar has failed to perform its material obligations under the Agreement; (ii) any material portion of the Product has not been made available for shipment within thirty (30) days of the last Shipment Schedule date. If Customer fails or refuses to accept delivery of any Product within four (4) days of the date that Herdstar and Customer have agreed for delivery of any Product (provided that such refusal or delay is not due to action or failure to act of Herdstar) then Herdstar may store the Product at Customer’s expense and risk in a warehouse on Herdstar’s (or its agent’s) premises or at a location of Herdstar’s choosing and Customer shall immediately pay all handling, transportation and storage costs at the prevailing commercial rates upon submission of invoices.

Customer Delay. Herdstar HerdStar shall not be liable for any delays directly or indirectly caused by Customer and/or its employees, contractors or vendors. Delay in delivery of Product shall not relieve Customer of its obligation to accept remaining deliveries unless: (i) Herdstar HerdStar has failed to perform its material obligations under the Agreement; (ii) any material portion of the Product has not been made available for shipment within thirty (30) days of the last Shipment Schedule date. If Customer fails or refuses to accept delivery of any Product within four (4) days of the date that Herdstar HerdStar and Customer have agreed for delivery of any Product (provided that such refusal or delay is not due to action or failure to act of HerdstarHerdStar) then Herdstar HerdStar may store the Product at Customer’s expense and risk in a warehouse on HerdstarHerdStar’s (or its agent’s) premises or at a location of HerdstarHerdStar’s choosing and Customer shall immediately pay all handling, transportation and storage costs at the prevailing commercial rates upon submission of invoices.