Common use of Delivery and Specifications Clause in Contracts

Delivery and Specifications. Deliveries must be made on the delivery date specified in the P.O. during normal business hours or otherwise at the times specified in the P.O. Time is of the essence. Goods not timely delivered are non- conforming and shall constitute a material breach of the Agreement notwithstanding any other provision of these Terms and Conditions that may allow Supplier to replace non-conforming Goods. Supplier also agrees to pay whatever additional cost, expense, loss or damage Xxxxx sustains as a result of any delay or any other deviation from the P.O. in addition to any other damages or relief to which Xxxxx may be entitled. Supplier shall not use material or processes other than what is required by Xxxxx’x specifications (“Specifications”). Supplier represents and warrants that it shall not make any changes to the specifications, materials, processes, or location where the Goods are manufactured, without Xxxxx'x consent. Any delay caused by a material change shall be a breach of the Agreement. Xxxxx shall not be liable for material processed in excess of the volumes indicated in the P.O. Any over-deliveries are made at Supplier’s risk and shall not be reimbursed or paid for by Xxxxx, and Supplier shall pay for any return of such Goods. Until the Goods are delivered by Supplier to Xxxxx, Xxxxx shall have the right to cancel any future delivery on the P.O. for any reason.