Delayed Pickup Clause Samples

The Delayed Pickup clause establishes the procedures and responsibilities when a party fails to collect goods or property at the agreed-upon time. Typically, this clause outlines any additional fees, storage arrangements, or risk transfers that may apply if the pickup is delayed, and may specify a grace period before such measures take effect. Its core function is to allocate risk and costs associated with late pickups, ensuring both parties understand their obligations and minimizing disputes over delays.
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Delayed Pickup. If the buyer refuses to pick up or fails to pick up goods according to the pickup date on the b▇▇▇ of lading and delivered amount of current batch, and still fails to pick up goods within 10 days after the seller notice, such buyer’s pickup shall be deemed as delayed pickup. Upon the term of pickup period agreed by both parties, the risk of goods shall be transferred to the buyer, meanwhile the seller shall be entitled to re-arrange the delivery term and quantity without bearing resulting liabilities for breach of contract for delayed delivery. According to foregoing provisions, though the risk is transferred to the buyer, the seller shall still be responsible for taking care of the goods. The protective measures adopted by the seller for the goods shall not be worse than the measures adopted for the goods to which the seller takes risks. if the seller has fullfilled above-mentioned responsibilities but this batch of goods are still damaged or lost, the above-mentioned losses shall be borne by the buyer.
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Delayed Pickup. If the buyer refuses to pick up or fails to pick up goods according to the pickup date on the b▇▇▇ of lading and delivered amount of current batch, and still fails to pick up goods within 10 days after the seller notice, such buyer’s pickup shall be deemed as delayed pickup. Upon the term of pickup period agreed by both parties, the risk of goods shall be transferred to the buyer, meanwhile the seller shall be entitled to re-arrange the delivery term and quantity without bearing resulting liabilities for breach of contract for delayed delivery. According to foregoing provisions, though the risk is transferred to the buyer, the seller shall still be responsible for taking care of the goods. The protective measures adopted by the seller for the goods shall not be worse than the measures adopted for the goods to which the seller takes risks. if the seller has fullfilled above-mentioned responsibilities but this batch of goods are still damaged or lost, the above-mentioned losses shall be borne by the buyer. * This portion of the Long Term Sales Contract between Sunergy Nanjing and Suzhou GCL Photovoltaic Technology Co., Ltd. has been omitted and filed separately with the Securities and Exchange Commission, pursuant to Rule 24b-2 under the Securities Exchange Act of 1934.
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