Delays by Buyer. If for any reason Buyer delays or postpones Buyer’s or Seller’s performance, including without limitation, delays in the manufacture, procurement or delivery of the building or structure or Special Products, the order shall be subject to re-costing to include the Increased Costs that occur or are incurred after the Acceptance Date. Xxxxx specifically acknowledges and agrees that it shall pay Seller all Increased costs as a part of this Contract when such Increased Costs are confirmed in writing by Seller and the Total Purchase Price for the order shall be deemed increased by the amount of all Increased Costs. Without limiting or waiving the remedies or rights available to Seller under Section 3(A) or(3)(C) hereof or any other provision of this Contract, if Buyer does not, within, seven (7) days of receipt of notice from Seller accept the delivery of the building or structure or the other goods ordered hereunder on the delivery date or during the delivery period scheduled by Seller, (i) any future delivery date requested by Buyer shall be subject to Seller’s schedule at the time of request by Xxxxx (and Seller may therefore need to postpone delivery from Buyer’s desired rescheduled date), and (ii) after such future delivery date is rescheduled by Seller, Seller may notify Buyer of any Increased Costs that are due to the Buyer’s delay or postponement of its or Seller’s performance and Xxxxx agrees that it shall pay Seller all Increased Costs upon demand. Buyer specifically acknowledges and agrees that Seller will not under any circumstances ship or deliver the building or structure or any ordered goods to Buyer until all Increased Costs and other increases, amounts, costs, and charges due to Seller, whether by reason of re-costing, Buyer’s delay, Change Orders, changes to drawings, or increases due under any provision of this Contract, are first paid in full by Buyer to Seller in advance of shipment, such that the only amount to be due and payable COD upon delivery of the building or structure ordered hereunder is the original COD balance due on delivery set forth on the face of this Contract. Failure by Buyer to pay Increased Costs and all other increases, amounts, costs and charges described in this Section 21 shall be a Breach by Buyer of this Contract entitling Seller to the damages and remedies described in Sections 5 and 6 above, respectively.
Delays by Buyer. In the event that Goods cannot be shipped to Buyer when ready due to any cause not attributable to Seller, upon notice to Buyer, Seller may ship such Goods to storage. If such Goods are placed in storage, including storage at the facility where manufactured, the following conditions shall apply: (i) all risk of loss or damage shall thereupon pass to Buyer; (ii) any amounts otherwise payable to Seller upon delivery shall be payable upon presentation of Seller’s invoice; (iii) the Goods shall be deemed as shipped and the warranty time period shall commence; (iv) all expenses incurred by Seller, such as preparation for and placement into storage, handling, inspection, preservation, insurance, storage and removal charges and any taxes shall be payable by Buyer; and (v) when conditions permit and upon payment of all amounts due hereunder, Seller shall resume delivery of Goods to the originally agreed point of delivery.
