Common use of Delayed Delivery Dates Clause in Contracts

Delayed Delivery Dates. If NP is unable to deliver OEM Product on the Agreed Delivery Date, NP shall promptly notify the appropriate SunConnect materials management personnel (as identified by the SunConnect Administrator), giving SunConnect a new delivery date. SunConnect may, at its option, (1) accept the new delivery date, (2) reschedule the purchase order, (3) require NP, at NP's expense, to use any expedited transportation methods that are available to deliver the OEM Products to SunConnect or a designated customer via Drop Ship as quickly as possible, or, if new date is greater than 5 days after Agreed Delivery Date, (4) cancel the purchase order without liability. In all cases, NP agrees to respond to SunConnect's purchase orders within 3 days after receipt. Time is of the essence with respect to this agreement.