DELIVERY DATES, FORCE MAJEURE. All acknowledged shipping dates are approximate, based upon known conditions existing at the time of Order placement. ITT will, in good faith, endeavor to ship by the estimated shipping date, but shall not be responsible for any delay or any damage arising therefrom. If Buyer’s Order does not cite desired delivery date(s) and/or does not expressly prohibit delivery in advance of scheduled date(s), Buyer agrees that immediate delivery is acceptable if conditions arise which prevent compliance with delivery schedules. ITT shall not be liable for any damages, including general, incidental, consequential or otherwise, arising from delays in delivery, or for failure to give notice of delays, and, further, such delays shall not constitute grounds for cancellation. Without limiting the generality of the foregoing, ITT shall under no circumstances be responsible for any failure to fill an Order when due to failure to obtain export licenses, export controls, fires, floods, earthquakes, riots, strikes, freight embargoes, transportation delays, shortage of labor, inability to secure fuel, materials, supplies or parts from suppliers, power or other energy requirements, or on account of shortages thereof, acts of God or of the public enemy, or any existing or future laws or acts of Government (including specifically, but not exclusively, any orders, rules, or regulations issued by any official of any such government) affecting the conduct of ITT’s business which, in its judgment and discretion, ITT deems advisable to comply with either as a legal, or patriotic duty, or to any other cause beyond ITT’s reasonable control. In the event ITT is prevented from completing any part of Buyer’s Order, because of any rule, regulation or order of any local, state or national government, or of any such government’s commission, body, or authority having jurisdiction, then Buyer agrees, upon request and receipt of invoice therefor, to promptly remit to ITT, for any product or products which are completed or are in process, an amount proportionate to the stage of completion of the work as reasonably determined by ITT.
DELIVERY DATES, FORCE MAJEURE. Unless otherwise agreed in writing by Seller, time shall not be of the essence of any order, except for payment, all delivery dates are approximate, and Seller shall not be responsible for any delay in delivery or damages whatsoever, whether general, special, direct, indirect, incidental, consequential or otherwise, and shall not be grounds for cancellation. Seller shall have no liability for delay or failure of delivery for any cause beyond its reasonable control, including, but not limited to epidemic or pandemic, fires, floods, earthquakes, riots, strikes, labor shortages, power outages, material shortages, transportation delays, acts of God, legal or regulatory requirements.
DELIVERY DATES, FORCE MAJEURE. All delivery and completion dates are approximate and Seller shall not be responsible for any damage of any kind resulting from any delay. Seller shall not be liable for any default or delay if caused, directly or indirectly, by acts of God, the elements, labor strikes or other labor disputes, accidents, economic shocks, any governmental action, civil commotion, acts of terrorism, prohibition or regulation, shortage or breakdown of or inability to obtain or non-arrival of any labor, material or product used in the manufacture of Product, failure of any party or third-party to perform any contract with Seller or Buyer relative to Product, or from any other cause whatever beyond Seller’s control (individually and collectively, the “Force Majeure Event”). If a Force Majeure Event prevents, delays or otherwise interferes with Seller’s delivery or completion of Product which would cause the cost of Product to exceed the total purchase price of such Product, Seller shall be under no obligation to deliver Product unless Xxxxx agrees to pay the additional costs incurred by Seller in connection with such Force Majeure Event to complete delivery of Product.
DELIVERY DATES, FORCE MAJEURE. All delivery dates are approximate and Seller shall not be responsible for damage of any kind resulting from any delay. Seller shall not be liable for any default or delay if caused, directly or indirectly, by the elements, accidents, any governmental action, prohibition or regulation, shortage or inability to obtain or non-arrival or defect of any labor, material, ingredient or product used in the Product, failure of any party or third-party to perform, or from any other cause whatever beyond Seller’s control (each, a “Force Majeure Condition”). If a Force Majeure Condition interferes with Seller’s delivery of the Product which would cause the cost of the Product to exceed the Purchase Price, Seller shall be under no obligation to deliver the Product unless Buyer agrees to pay such additional costs.
