Delivery and Service Clause Samples

Delivery and Service deadlines 1. The delivery and service deadlines depend on the respective goods and services that QBF provides to its customers. More detailed information can be found in the respective contracts. 2. Delivery and service deadlines become binding only when QBF has submitted or confirmed them in writing. 3. If nothing else has been agreed upon, deliveries are made to the customer at the provided delivery address. 4. Deliveries of goods are made at the risk of the customer. 5. Delivery and service deadlines are met if the goods have been delivered before the deadline determined in writing, if the services have been performed or in the case of a remote transfer even when QBF has sent out an availability notice per e-mail in the case that the product has not yet reached the customer system. They are also considered to be met if minor touch-ups and/or customization work is necessary, as long as the usability and operational readiness of the goods or services are not impaired. 6. In the case of impediments the delivery dates are extended as follows: If QBF has to wait for participation of or information from the customer or if QBF is impeded in its services by strikes or lock-outs in third-party companies or its own company (in this case only if the labour struggle is legal), official intervention, legal prohibitions, or other circumstances that are not its fault ("force majeure") then delivery and service deadlines shall be considered extended by the duration of the impediment and an appropriate run-up period after the end of the impediment ("down time") and no violation of duties occurs for the period of the down time. QBF shall immediately inform its customers of such impediments and their probable duration. 7. If the force majeure lasts more than 90 days without interruption, either party shall be entitled to withdraw from the contract by unilateral, written statement without the provision of reasons and is set free of its respective service responsibilities.

Delivery and Service in relation to each Purchased Receivable, the Goods have been duly Delivered or the Services duly provided;

Delivery and Service deadlines 9.1. Delivery / service deadlines and dates are only binding for us if they have been set in writing. Any departure from this formal requirement must also be in writing. 9.2. We are entitled to exceed the agreed delivery deadlines by up to four weeks. Only then is the customer entitled to withdraw from the contract by setting a reasonable grace period. 9.3. Deadlines and dates are postponed in the event of force majeure, strikes, unforeseeable delays for which we are not responsible by our suppliers or other comparable events that are beyond our control during the period during which the relevant event continues. This does not affect the right of the customer to withdraw from the contract in the event of delays that make a commitment to the contract unreasonable. 9.4. If the start of the performance of the service or the performance are delayed or interrupted by circumstances attributable to the customer, in particular due to the breach of the duty to cooperate in accordance with point 7, performance deadlines will be extended accordingly and completion dates postponed accordingly. 9.5. We are entitled to charge 2% of the invoice amount for each commenced month of the delay in performance for the storage of materials and equipment and the like in our company, whereby the customer's obligation to pay as well as his obligation to accept remains unaffected. 9.6. When withdrawing from the contract due to default, the customer must set a grace period by registered letter with simultaneous threat of withdrawal.

Delivery and Service delays 1. In the event that the Lessor defaults on the timely provision and delivery of the leased device, the Lessee has to set a reasonable grace period. 2. Even if deadlines and dates have been agreed upon on a binding basis, delivery and service delays due to force majeure and due to events that make it materially difficult or impossible for the Lessor to deliver the service, the Lessor shall not be responsible for these delays, even if they occur at an upstream supplier of the Lessor. 3. The Lessor has to inform the Lessee promptly about delays in the delivery or service. In addition, the Lessor shall be entitled to postpone the delivery or service for the duration of the hindrance plus an appropriate start-up time, or to withdraw from the contract as a whole or in part on account of the unfulfilled part. This includes, for example, material procurement difficulties occurring later, interruptions of operations, strikes, lockouts, shortage of personnel, lack of means of transport, official orders, extreme weather conditions, war, etc. 4. In the event that such delays last longer than 4 weeks, the Lessee is entitled to withdraw in writing from the contract regarding the part still to be fulfilled after setting an adequate grace period in writing. 5. If the Lessor is in default on account of non-compliance with delivery dates and deadlines that were bindingly promised, a claim for damages on the part of the Lessee is excluded insofar as the delays are not due to gross negligence or wilful intent of the Seller or his vicarious agents. In this case, the Lessor is liable for each completed week of delay within the scope of a lump-sum compensation for 3% of the delivery value, at a maximum, however, for 15% of the delivery value.

Delivery and Service. At Sponsor’s expense, Sponsor shall deliver the Products to, and store such Products at, Owner’s location. Sponsor agrees to provide service personnel on an “on call” basis to assist in the delivery, installation, repair, maintenance and removal of the Products, in a number mutually agreed upon between the parties. All of Sponsor’s personnel shall be subject to Owner’s security and personnel policies and practices.