Delay in acceptance Sample Clauses
The "Delay in acceptance" clause defines the procedures and consequences when one party fails to accept goods, services, or deliverables within the agreed timeframe. Typically, this clause outlines the responsibilities of the party experiencing the delay, such as bearing additional storage costs, risk of loss, or other related expenses, and may specify a grace period or remedies available to the delivering party. Its core function is to allocate risk and responsibility in situations where acceptance is postponed, ensuring that delays do not unfairly burden the party ready to perform and providing a clear framework for handling such situations.
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Delay in acceptance. 9.1 If, after expiry of a reasonable period of time set by the customer, the customer does not carry out acceptance, refuses acceptance or previously declares seriously and definitively that he does not wish to accept acceptance, we may withdraw from the contract or claim damages for non- performance.
9.2 If the customer is in default of acceptance or culpably violates other obligations to cooperate, we shall be entitled to demand compensation for the damage incurred by us in this respect, including any additional expenditure. We reserve the right to assert further claims.
9.3 If the conditions of 9.2 are met, the risk of accidental loss or accidental deterioration of the purchased item shall pass to the customer at the time at which the customer is in default of acceptance or debtor's delay.
Delay in acceptance. 11.1 If the customer delays acceptance for longer than 2 weeks (refusal of acceptance, delay in preliminary work or otherwise, no call made within an appropriate time in the case of delivery on call), and if in spite of an appropriate grace period having been set, the customer has not ensured the elimination of the circumstances attributable to him which delay or prevent the performance being rendered, we are entitled in the case of a valid contract to deploy otherwise the equipment and materials that have been specified for the performance of the work, insofar as in the event that the performance of the work is continued, we procure these again within a time appropriate to the respective circumstances.
11.2 In the case of delay in acceptance on the part of the customer, we are likewise entitled, in the case of insistence on fulfilment of the contract, to store the goods at our premises, for which we are due a storage fee pursuant to point 9.4.
11.3 In the case of a justified withdrawal from the contract, we are permitted to demand from the customer flat-rate damages of the level of 25% of the gross order value without proof of the actual damage.
11.4 Claiming higher damages is permitted
Delay in acceptance. 5 If the acceptance test is not completed within 20 days after the end of the shakedown 6 period, Contractor will be responsible for additional costs which may be incurred by 7 Authority in arranging for Recyclable Materials to be transported to and processed at a 8 different location, as well as for decreased revenue from sales of Recyclable Materials.
Delay in acceptance. Costs that are incurred due to a delay in Product acceptance, which are not due to any fault or defect in the Spire product itself, must be paid by the Buyer. Delays of Product acceptance as described above may require a readjustment of the delivery time in accordance with and appropriate to the delays of the acceptance of the Product.
Delay in acceptance. 1. If the Customer does not accept the goods on the agreed deliv- ery date or at the end of the agreed delivery period for reasons for which they are responsible, we shall be entitled to compensation for the additional expenses incurred as a result. In particular, we are entitled to charge the Customer storage costs of 0.5% of the price of the delivery or service for each month com- menced, up to a maximum of 5%. The Parties are free to prove that higher or lower storage costs have been incurred.
2. We shall be entitled to select a suitable storage place at the Customer's expense and risk and to insure the delivery or service items at the Customer's expense.
3. If we are entitled to claim damages in lieu of performance, we may, without prejudice to the possibility of claiming a higher actual loss, claim 15% of the price as damages, unless the Customer proves that no loss has been incurred or that the loss is substan- tially less than the lump sum.
Delay in acceptance. 1. If the Client does not accept the goods on the agreed date and/or after the agreed delivery time has elapsed for reasons that are his responsibility, S+P shall be entitled to claim compensation for the additional expenses incurred in this regard.
2. If there is a delay with the delivery or the service caused by the Client, S+P is entitled to charge storage costs at 0.5% per month or part thereof, up to a maximum of 5% of the total delivery or service price. The parties to the agreement shall be at liberty to provide proof of higher or lower storage costs.
3. Any products due to the Client, including, but not limited to data and data carriers will be archived by S+P after the delivery goods only if this has been expressly agreed and on payment of a special fee.
4. If S+P is entitled to claim compensation instead of the product/service, it may claim 15% of the price as compensation, without prejudice to the option to claim for a higher actual damage, unless the Client can provide proof that no damage has occurred or that it is substantially lower than the flat rate.
Delay in acceptance. 11.1. If the customer defaults in acceptance for longer than 8 weeks (refusal of acceptance, delay with preliminary services or otherwise, no call-off within a reasonable time in the case of an order on call-off), and despite a reasonable period of grace the customer has not provided for the elimination of the circumstances attributable to him, which delay or prevent the performance of the service, we may, in the case of an honourable contract, dispose of the devices and materials specified for the performance of the service elsewhere, provided that, in the case of the continuation of the performance, we provide these within a period appropriate to the respective circumstances.
Delay in acceptance. The principal is in default of acceptance of the work if he does not take delivery of it within 3 days after notification of completion of the work in accordance with section 4.1. or does not commence acceptance in accordance with the regulations in the technical descriptions for partial or complete aircraft painting (section 4.) or in the technical descriptions for aircraft cabin repairs (section 3.). If the work has not been collected after expiry of the deadlines, ADN may charge the usual storage and storage fees. At ADN's discretion, the subject of the order may also be properly stored or parked elsewhere under the usual conditions. If the subject of the order is an aircraft, the usual storage and parking fees will be charged from the time of completion, unless the client collects the aircraft within a period of 3 days after receipt of the notification of completion.
Delay in acceptance. 11.1. If the customer delays acceptance and/or is not picking up goods (although readiness of delivery was announced) for longer than 6 weeks (refusal of acceptance, delay in preliminary work or otherwise, no call made within an appropriate time in the case of delivery on call), and if in spite of an appropriate grace period ha- ving been set, the customer has not ensured the elimination of the circumstances attributable to him which delay or prevent the performance being rendered, we are entitled in the case of a valid contract to deploy otherwise the equipment and materials that have been specified for the performance of the work, insofar as in the event that the performance of the work is continued, we procure these again within a time appropriate to the respective circumstances.
11.2. In the case of delay in acceptance and/or is not picking up goods (although readiness of delivery was announced on the part of the customer, we are likewise entitled, in the case of insis- tence on fulfilment of the contract, to store the goods at our pre- mises, for which we are due a storage fee pursuant to clause 9.4.
11.3. In the case of a justified withdrawal from the contract, we are permitted to demand from the customer flat-rate damages of 15 % of the gross order value without proof of the actual da- mage.
11.4. Claiming higher damages is permitted.
Delay in acceptance. 11.1 If the customer delays acceptance for longer than 4 weeks (refusal of acceptance, delay in preliminary work or
11.2 In the case of delay in acceptance on the part of the customer, we are likewise entitled, in the case of insistence on fulfilment of the contract, to store the goods at our premises, for which we are due a storage fee pursuant to point 9.4.
11.3 In the case of a justified withdrawal from the contract, we are permitted to demand from the customer flat-rate damages of the level of 70% of the gross order value without proof of the actual damage.
11.4 Claiming higher damages is permitted.