DELIVERY AND COMPLETION. Time is of the essence in this Agreement. Should delivery or completion for any reason fail to be timely, Seller/Contractor shall be liable for all damages suffered by CCPRC as a result of such failure. Failure to furnish materials or services within the scheduled time shall give CCPRC the right to cancel any remaining portion of this contract without additional charge.
DELIVERY AND COMPLETION. 10.1. Except where this Agreement provides otherwise, the Supplier is responsible for ensuring that the Goods are properly packed and delivered by the date/s and/or time/s the Goods are required as specified in the Purchase Order and to the delivery address/es or Site/s as specified in the Purchase Order. If no time or place is specified in the Purchase Order, the Parties will use reasonable endeavours to agree such detail and, failing agreement, the delivery point will be the nearest branch office of the Company and the delivery time will be during normal business hours at that branch, subject to the Supplier giving the Company not less than 2 business days’ prior written notice of delivery.
DELIVERY AND COMPLETION. (a) The Supplier must at its own cost properly pack and protect all Goods to ensure safe arrival, and safely transport the Goods along appropriate routes, in accordance with industry best practice.
DELIVERY AND COMPLETION. (a) Unless stated otherwise in this Contract, Goods must be delivered Delivery Duty Paid (Incoterms 2010) to the Delivery Location. The Supplier shall complete the delivery of the Goods and performance of any Services in accordance with the times or milestones specified in this Contract.
DELIVERY AND COMPLETION. In the case of Products
DELIVERY AND COMPLETION. 7.1 MWP will endeavour to complete the contract within the time agreed (or within a reasonable time in the absence of agreement), but shall not be liable for any Loss of any kind whatsoever caused directly or indirectly by any delay or failure to so deliver, supply or complete (whether in whole or part).
DELIVERY AND COMPLETION. Any Milestone will be considered complete upon notice to Representative by the ITC, unless such Milestone includes a Deliverable. If the Milestone includes a Deliverable, Representative shall review the Deliverable, and perform interim testing of the Deliverable at the request of the ITC (itself, or with the other Companies), and Representative shall provide feedback promptly upon delivery by the ITC. If the Deliverable passes a test that is part of the Specifications, the Companies may not reject the Deliverable. Refusal to accept a Deliverable must be in writing and must be accompanied by a notice in reasonable detail of a material non-conformity with the Specifications for such Deliverable. Any Deliverable will be deemed accepted if the ITC has not received from Representative notification of rejection of the Deliverable within 15 business days after delivery thereof. In the event a Deliverable is properly rejected, the ITC shall use reasonable efforts to correct such Deliverable and deliver a corrected Deliverable within 15 business days after receiving notice of rejection, and the procedure above will be repeated until such Deliverable is accepted. Each Milestone that includes a Deliverable will be deemed complete upon acceptance as described in this Section 2.2. Each Deliverable consisting of computer software will be delivered in source code format unless otherwise agreed by the ITC and the Companies, as a group.
DELIVERY AND COMPLETION. (a) Professional Services will be deemed completed by Aternity upon the sooner of (i) mutual agreement by the parties, (ii) for T&M Services, once each applicable hour or day has been delivered, or (iii) for FP Services, upon delivery of the FP Services or each applicable phase or milestone identified in the applicable Service Documentation and/or SOW. Notwithstanding the foregoing, if Aternity has partially completed a FP Service and Aternity is not able to complete the FP Service due to Customer’s failure to schedule completion of the FP Services within the later of (A) ninety (90) days after Customer purchased the FP Service or (B) thirty (30) days after the originally agreed upon completion date for the FP Service, such FP Services will be deemed delivered and completed on such later date. Aternity will use commercially reasonable efforts to schedule Professional Services as promptly as practicable; however, Aternity requires a minimum of ten (10) business days after Aternity’s acceptance of an Order to prepare and plan for Professional Services to begin. Customer shall schedule all remote work in one (1) day minimum blocks of time. If Customer purchases five (5) or more days of T&M Services in an Order, Customer shall schedule such T&M Services in minimum increments of five (5) consecutive days unless otherwise approved in advance by Aternity. If Professional Services will be performed onsite at a location designated by Customer, such onsite visits must include fixed or budgeted travel and expenses as part of the Order, and Customer shall schedule each day of onsite Professional Services in consecutive days, and in minimum increments of five (5) consecutive days if five (5) or more days are purchased, unless otherwise approved in advance by Aternity. Unless otherwise expressly provided in the applicable Service Documentation or a SOW, as used with respect to Professional Services, a “day” is defined as eight (8) hours during the regular business hours 7:00 AM to 7:00 PM local time, Monday through Friday, of a single day (excluding local holidays). Customer is not permitted to cancel or reschedule any Professional Services without Aternity’s prior consent except as otherwise expressly set forth in this Agreement. Without limiting the foregoing, Professional Services that are not completed within six (6) months after the Order date will be deemed completed unless otherwise agreed by Aternity in writing. Regardless of how such Professional Services are b...
DELIVERY AND COMPLETION. 3.1 Delivery occurs at the time possession of the goods passes to the Buyer or a person nominated by the Buyer. The date on which delivery occurs is referred to in these terms as the Possession Date.
DELIVERY AND COMPLETION. 6.1 The delivery of any Goods is deemed to have occurred when loading of the Goods commences by the Customer (or its carrier) or when the Goods are unloaded at the delivery place by WesTrac (or its carrier) (as the case may be).
