Delays in Shipment Sample Clauses

Delays in Shipment. Time and date of delivery are of the essence, except when delay is due to causes beyond Seller's reasonable control and without Seller’s fault or negligence.
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Delays in Shipment. Altera will use commercially reasonable efforts to ship products to arrive by any requested delivery dates quoted or acknowledged. However, Altera will not be liable for any delay in shipment or delay in performance under this Agreement due to unforeseen circumstances or due to causes beyond its control including but not limited to, acts of nature, acts of government, labor disputes, delays in transportation, and delays in delivery or inability to deliver by Altera's suppliers.
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Delays in Shipment. The Parties acknowledge that failure to meet the delivery schedule specified in any Statement of Work or Purchase Order may cause substantial financial impact to each other. Manufacturer will promptly notify Customer in writing of any anticipated delay in meeting the delivery dates specified in the applicable Statement of Work or Purchase Order stating the reasons for the delay. If Manufacturer foresees a possible delay in delivery of Products, Manufacturer shall notify Customer of its possible failure to deliver and Manufacturer will provide Customer with a proposed new delivery date at least fourteen (14) * Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions. days prior to the originally confirmed delivery date. Customer may cancel the order or agree on a new delivery date. In any case, Manufacturer shall bear all actual loss and damages (including but not limited to transportation costs, customer charges, order cancellations) that Customer suffers in the event Manufacturer fails in a timely manner to deliver the Product on the original delivery date, unless the delay was due to causes not reasonably foreseeable and outside Manufacturer’s control.
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Delays in Shipment. MSL shall notify IBM immediately of any anticipated late deliveries and any impending plant or facility shut downs for any reasons. If MSL fails to ship Product to the Delivery Point on schedule for any reason other than Force Majeure or delays caused substantially by IBM, MSL shall ship Product to the Delivery Point by air or in the most expeditious manner possible. After MSL delivers Product to the Delivery Point, MSL will ship Product to the designation stated on the IBM Customer Order by air or in the most expeditious manner possible. [*]
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Delays in Shipment. Flextronics will promptly notify Customer in writing of any anticipated delay in meeting the Product delivery dates specified in any accepted Purchase Order stating the reasons for the delay and the new delivery date. In the event of such a delay, Flextronics will promptly notify Customer and provide a recovery plan acceptable to Customer within [*] calendar days. Should Flextronics not fulfill such recovery plan at no fault of Customer and not due to a Force Majeure Event, then at Fitbit’s option it may: (i) take delivery of the Products and [*]; or (ii) have the Products that are the subject of the delay [*] any open purchase orders Flextronics has with any Suppliers related to the purchase of Materials. If Customer elects option (ii), then Flextronics shall [*]; provided however, if Flextronics notifies Customer prior to the [*] then the parties shall [*]. Further, in the event [*] pursuant to this Section, then Flextronics will cooperate related thereto in accordance with Section 11.4.
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Delays in Shipment. Flextronics will promptly notify Customer in writing of any anticipated delay in meeting the Product delivery dates specified in any accepted Purchase Order stating the reasons for the delay and the new delivery date. In the event of such a delay, Flextronics will promptly notify Customer and provide a recovery plan acceptable to Customer within [*] calendar days. Should Flextronics not fulfill such recovery plan at no fault of Customer and not due to a Force Majeure Event, then at Fitbit’s option it may: (i) take delivery of the Products and receive a credit from Flextronics equal to [*], up to a maximum of [*] of the value of the delayed portion of the Purchase Order; or (ii) have the Products that are the subject of the delay [*], all or any part of any Materials, Work-In-Progress or Finished Products that Flextronics has on hand, and [*] any open purchase orders Flextronics has with any Suppliers related to the purchase of Materials. If Customer elects option (ii), then Flextronics shall reimburse Customer for the [*] for such products, up to a maximum amount of [*], and with respect to the Products that are no longer to be manufactured by Flextronics due to such delay, Customer shall only have liability for those [*] within [*] calendar days of the Customer’s request for shipment; provided however, if Flextronics notifies Customer prior to the [*] calendar day that it is unable to ship or redirect any such [*] to Customer, but will be able to ship or redirect the [*] shortly thereafter (e.g., due to the fact that the [*] are in-transit) then the parties shall work in good faith to adjust the timeframe to permit Flextronics a reasonable period of time to ship or redirect the [*] to Customer, and so long as Flextronics ships or redirects the [*] within such mutually agreed timeframe then Customer shall have [*]. Further, in the event of a redirection of production to a third party pursuant to this Section, then Flextronics will cooperate related thereto in accordance with Section 11.4.
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Delays in Shipment. 6. In the event of any condition beyond the control of COMPANY, including but not limited to, extraordinary traffic conditions, states of belligerency, and inability to obtain any governmental permissions, delays the shipment of any Products ordered under this Agreement, COMPANY reserves the right to defer such shipment until such condition is removed. If AGENT does not cancel such deferred order, COMPANY may charge quarterly interest on the purchase price at the rate according to the COMPANY's policy then prevailing. In the event that such a delay shall extend beyond a reasonable period, as determined by COMPANY, AGENT shall cancel such deferred order upon written notice from COMPANY of not less than thirty (30) days.
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Delays in Shipment. MSL shall notify IBM immediately of any anticipated late deliveries and any impending plant or facility shut downs for any reasons. If MSL fails to ship Product to the Delivery Point on schedule for any reason other than Force Majeure or delays caused substantially by IBM, MSL shall ship Product to the Delivery Point by air or in the most expeditious manner possible. After MSL delivers Product to the Delivery Point, MSL will ship Product to the designation stated on the IBM Customer Order by air or in the most expeditious manner possible. MSL will be responsible for any additional premium costs associated with the late shipment of Product not only to the [*] but also to the [*] stated on the IBM Customer Order.
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Related to Delays in Shipment

  • Delays If no event of Force Majeure shall have occurred and be continuing and in the event that a delay shall have been caused by the negligence or willful misconduct of the Custodian in carrying out an Instruction to credit or transfer cash, the Custodian shall be liable to the Fund: (a) with respect to Principal Accounts, for interest to be calculated at the rate customarily paid on such deposit and currency by the Custodian on overnight deposits at the time the delay occurs for the period from the day when the transfer should have been effected until the day it is in fact effected; and, (b) with respect to Agency Accounts, for interest to be calculated at the rate customarily paid on such deposit and currency by the Subcustodian on overnight deposits at the time the delay occurs for the period from the day when the transfer should have been effected until the day it is in fact effected. The Custodian shall not be liable for delays in carrying out Instructions to transfer cash which are not due to the Custodian's own negligence or willful misconduct.

  • Shortages Claims for shortages in the amount of Products shipped by Patheon will be dealt with by reasonable agreement of the parties.

  • Interruptions There shall be no abatement of rent and Lessor shall not be liable in any respect whatsoever for the inadequacy, stoppage, interruption or discontinuance of any utility or service due to riot, strike, labor dispute, breakdown, accident, repair or other cause beyond Lessor's reasonable control or in cooperation with governmental request or directions.

  • Raw Materials Lonza shall procure all required Raw Materials as well as consumables other than those Raw Materials that are Customer Materials. Customer shall be responsible for payment for all consumables and Raw Materials ordered or irrevocably committed to be procured by Lonza hereunder. Upon cancellation of any Batch or termination of the Agreement, all unused Raw Materials shall be paid for by Customer within [***] days of invoice and at Customer’s option will either be (a) held by Lonza for future use for the production of Product, (b) delivered to Customer, or (c) disposed of by Lonza.

  • Transportation Transportation expenses include, but are not limited to, airplane, train, bus, taxi fares, rental cars, parking, mileage reimbursement, and tolls that are reasonably and necessarily incurred as a result of conducting State business. Each State agency shall determine the necessity for travel, and the mode of travel to be reimbursed.

  • Transportation of Accident Victims Transportation to the nearest physician or hospital for employees requiring medical care as a result of an on-the-job accident shall be at the expense of the Employer.

  • Loop Testing/Trouble Reporting 2.1.6.1 Conextel will be responsible for testing and isolating troubles on the Loops. Conextel must test and isolate trouble to the BellSouth portion of a designed/non- designed unbundled Loop (e.g., UVL-SL2, UCL-D, UVL-SL1, UCL-ND, etc.) before reporting repair to the UNE Customer Wholesale Interconnection Network Services (CWINS) Center. Upon request from BellSouth at the time of the trouble report, Conextel will be required to provide the results of the Conextel test which indicate a problem on the BellSouth provided Loop.

  • Force Majeure, Notice of Delay, and No Damages for Delay The Contractor will not be responsible for delay resulting from its failure to perform if neither the fault nor the negligence of the Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing that affect subcontractors or suppliers if no alternate source of supply is available to the Contractor. In case of any delay the Contractor believes is excusable, the Contractor will notify the Department or Customer in writing of the delay or potential delay and describe the cause of the delay either (1) within 10 days after the cause that creates or will create the delay first arose, if the Contractor could reasonably foresee that a delay could occur as a result, or (2) if delay is not reasonably foreseeable, within five days after the date the Contractor first had reason to believe that a delay could result. The foregoing will constitute the Contractor’s sole remedy or excuse with respect to delay. Providing notice in strict accordance with this paragraph is a condition precedent to such remedy. No claim for damages will be asserted by the Contractor. The Contractor will not be entitled to an increase in the Contract price or payment of any kind from the Department or Customer for direct, indirect, consequential, impact or other costs, expenses or damages, including but not limited to costs of acceleration or inefficiency, arising because of delay, disruption, interference, or hindrance from any cause whatsoever. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist the Contractor will perform at no increased cost, unless the Department or Customer determines, in its sole discretion, that the delay will significantly impair the value of the Contract to the State of Florida or to Customers, in which case the Department or Customer may (1) accept allocated performance or deliveries from the Contractor, provided that the Contractor grants preferential treatment to Customers with respect to commodities or contractual services subjected to allocation, or (2) purchase from other sources (without recourse to and by the Contractor for the related costs and expenses) to replace all or part of the commodity or contractual services that are the subject of the delay, which purchases may be deducted from the Contract quantity, or (3) terminate the Contract in whole or in part.

  • Delays and Complaints Delivery delays and service complaints will be monitored on a continual basis. Documented inability to perform under the conditions of the contract, via the Complaint to Vendor process (PUR 7017 form) contemplated for this Contract, may result in default proceedings and cancellation.

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