Delayed Shipments Sample Clauses

Delayed Shipments. If shipments are delayed by Xxxxx, ECT may nevertheless invoice Buyer when ECT is prepared to ship.
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Delayed Shipments. Seller may, prior to Buyer’s vessel having been accepted by the terminal, delay the delivery of any shipment for operational reasons beyond the delivery date set forth in the Delivery Schedule (a “Delayed Shipment”). Seller shall notify Buyer in writing of the reasons for the delay and Buyer shall notify Seller of its intention to (i) cancel such Delayed Shipment, or (ii) seek delivery of such Delayed Shipment within sixty (60) days of the originally agreed laycan. In the event that Seller does not make-up such Delayed Shipment within sixty (60) days after receipt of this written notice, Buyer shall in its sole discretion a) have the right to cancel such Delayed Shipment without penalty or further obligation, and such Shipment shall be excised from this Agreement if Buyer elects such remedy or b) Seller shall pay Buyer an amount for each ton of coal not delivered equal to the positive difference, if any, obtained by subtracting the Base Price from the Replacement Price as set forth in Section 10.1. In the event that Buyer delays taking delivery of any shipment for operational reasons beyond the delivery date set forth in the Delivery Schedule (a “Delayed Shipment”), Buyer shall notify Seller in writing of the reasons for the delay and Seller shall notify Buyer of its intention to (i) cancel such Delayed Shipment, or (ii) seek delivery of such Delayed Shipment within sixty (60) days of the originally agreed laycan. In the event that Buyer does not take delivery of such Delayed Shipment within sixty (60) days after receipt of this written notice, Seller shall at its sole discretion have the right to cancel such Delayed Shipment without penalty or further obligation, and such Shipment shall be excised from this Agreement if Seller elects such remedy or b) Buyer shall pay Seller an amount for each ton of coal not taken equal to the positive difference, if any, obtained by subtracting the Resale Price from the Base Price as set forth in Section 10,1. If at any time a Party has reason to believe that deliveries will not be made or accepted as scheduled, such Party shall give written notice to the other Party setting forth the cause of the anticipated delay. At all material times, the Parties shall exercise commercially reasonable efforts to mitigate any losses or damages resulting from any delayed shipment. Each Party shall be responsible for payment of the amounts set forth in the preceding paragraphs, as well as demurrage, unless its performance is excused for...
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Delayed Shipments. Except as provided in Section 8.1, Galectin Therapeutics shall ship all Compound within ninety (90) days of receipt of a Product Order compliant with this Agreement. If the Compound is not shipped within ninety (90) days of receipt of the applicable Product Order, Galectin Therapeutics will have thirty (30) days to initiate shipment of the Compound for such Product Order. If the Compound is not shipped by the end of such additional thirty (30) day period, Procaps will receive a xx discount to the invoice price of such Product Order. If the Compound shipment is (i) delayed beyond one-hundred and twenty (120) days and (ii) Procaps inventory of Product and Compound is fully depleted due to the delayed shipment, Procaps will receive a [****]% discount to the invoice price of such Product Order. Galectin Therapeutics’ shipment obligations end upon transfer of the shipment to the Carrier. Such delayed shipment discounts shall be Procaps’ sole remedy in the event of Galectin Therapeutics’ failure to ship Compound within the time required under this Agreement. The above delayed shipment discounts shall not apply if due to an Act of God or a Force Majeure. Galectin Therapeutics and Procaps agree to maintain levels of inventory as provided in Sections 10.3 and 10.6, respectively.
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Delayed Shipments. DHL will make every reasonable effort to deliver the Shipment according to DHL’s regular delivery schedules, but these delivery schedules are not guaranteed and do not form part of the contract. DHL is not liable for any damages or loss caused by delays.
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Delayed Shipments. We agree to make every effort to deliver the Shipment according to the delivery schedules provided in Clause 8 above, but we are not liable for any delays, even if they are our fault in:-
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Delayed Shipments. DMC Stratex may request MTI to delay shipment of any Products for only up to [****] beyond the original shipment date, at no cost to DMC Stratex. The maximum allowable delayed shipments will not exceed [****] of the [****] scheduled shipments. Any shipment delayed at DMC Stratex's request for [****] or more than the original shipment date shall be fully paid by DMC Stratex to MTI at its total price in the applicable Purchase Order, regardless of whether the shipment has been delivered to DMC Stratex or DMC Stratex's customers, and payment for such shipment shall be due and payable in accordance with Section 10.1 of this Agreement. Upon such payment, title to Products in such delayed shipment will fully vest in DMC Stratex. MTI shall issue the invoice for such delayed shipment upon the earlier of: (a) the shipment date of the Products; and (b) the expiration of such [****] period.
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Related to Delayed Shipments

  • Shipments The Vendor shall ship, deliver or provide ordered products or services within a commercially reasonable time after the receipt of the order from the TIPS Member. If a delay in said delivery is anticipated, the Vendor shall notify TIPS Member as to why delivery is delayed and shall provide an estimated time for completion of the order. TIPS or the requesting entity may cancel the order if estimated delivery time is not acceptable or not as agreed by the parties.

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • Vendor's After Hours RS Means Coefficient

  • Drop Shipped Off loaded by carrier to an Agency loading dock or designated area. There will be no charge to the ordering Agency for this delivery method.

  • Bidder Supplied Samples The Commissioner reserves the right to request from the Bidder/Contractor a representative sample(s) of the Product offered at any time prior to or after award of a contract. Unless otherwise instructed, samples shall be furnished within the time specified in the request. Untimely submission of a sample may constitute grounds for rejection of Bid or cancellation of the Contract. Samples must be submitted free of charge and be accompanied by the Bidder’s name and address, any descriptive literature relating to the Product and a statement indicating how and where the sample is to be returned. Where applicable, samples must be properly labeled with the appropriate Bid or Contract reference. A sample may be held by the Commissioner during the entire term of the Contract and for a reasonable period thereafter for comparison with deliveries. At the conclusion of the holding period the sample, where feasible, will be returned as instructed by the Bidder, at the Bidder’s expense and risk. Where the Bidder has failed to fully instruct the Commissioner as to the return of the sample (i.e., mode and place of return, etc.) or refuses to bear the cost of its return, the sample shall become the sole property of the receiving entity at the conclusion of the holding period.

  • Delivery Point (a) All Energy shall be Delivered hereunder by Seller to Buyer at the Delivery Point. Seller shall be responsible for the costs of delivering its Energy to the Delivery Point consistent with all standards and requirements set forth by the FERC, ISO-NE, the Interconnecting Utility and any other applicable Governmental Entity and any applicable tariff.

  • Contractor’s Equipment Payment for required equipment owned by the Construction Manager or an affiliate of the Construction Manager will be based solely on an hourly rate derived by dividing the current appropriate monthly rate by 176 hours. No payment will be made under any circumstances for repair costs, freight and transportation charges, fuel, lubricants, insurance, any other costs and expenses, or overhead and profit. Payment for such equipment made idle by delays attributable to the Government will be based on one-half the derived hourly rate under this subsection.

  • FURNISHED SERVICES The County agrees to:

  • Contract Quantity The Contract Quantity during each Contract Year is the amount set forth in the applicable Contract Year in Section D of the Cover Sheet (“Delivery Term Contract Quantity Schedule”), which amount is inclusive of outages.

  • Warranty Work Failure by the Contractor to take corrective action within twenty four (24) hours after personal or telephonic notice by the County's OC Public Works on items affecting essential use of the facility, safety or the preservation of property, and within ten (10) calendar days following written notice on other deficiencies, will result in the County taking whatever corrective action it deems necessary. All costs resulting from such action by the County will be claimed against Contractor or, if necessary, the Contractor's Performance Bond.

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