Delivery Guarantee Clause Samples
A Delivery Guarantee clause ensures that the seller or service provider commits to delivering goods or services within a specified timeframe and according to agreed-upon standards. This clause typically outlines the expected delivery date, conditions for acceptable delivery, and remedies available if the delivery is late or does not meet the required specifications, such as penalties or the right to reject the goods. Its core practical function is to provide assurance to the buyer, reduce uncertainty, and allocate risk by holding the delivering party accountable for timely and proper fulfillment of their obligations.
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Delivery Guarantee. PBI will, upon Your request and subject to the restrictions below, provide a refund of the Rate paid for Guaranteed Parcels that do not arrive at a consignee’s address by the Delivery Date (“Guarantee”) subject to the following conditions.
(1) The Guarantee only applies to Guaranteed Parcels that You tender to a Service Provider with a label generated through PB Shipping APIs for the Transportation Method selected and sent to destinations within the Scope of Services set forth in Section 1.
(2) In the case of multiple Guaranteed Parcels shipped in a single shipment, each such Parcel may have its own applicable Guarantee. If a late delivery occurs for a number of Parcels fewer than that of the entire shipment, the refund will only be applicable to the Guaranteed Parcel(s) with late delivery as opposed to the entire shipment.
(3) The Guarantee is exclusive of all other items, including, without limitation, fines, taxes or other charges or amounts (such as any fuel surcharge component), and transportation charges resulting from returned shipments.
(4) You must notify PBI of any claim for late or failed delivery in writing to ▇▇▇▇▇▇▇▇▇@▇▇.▇▇▇, within fourteen (14) days of the Tender date and provide PBI with the shipment identification number, the date of shipment, and complete consignee information. Within sixty (60) days after You so notify PBI, PBI shall either:
(a) Provide You with a refund, via for example, a credit in a postage account;
(b) Provide You with information explaining the reason that the Parcel is not eligible for the Guarantee under the applicable limitations or exclusions; or
(c) Provide You with evidence of timely delivery.
(5) The Guarantee will not apply where late delivery or failure to deliver is due to circumstances beyond PBI’s or a Service Provider’s control including, but not limited to, inaccurate or incomplete shipment information, delivery instructions or information, or force majeure events described in Section F(8).
(6) The Guarantee does not apply to (i) any Parcel that contains Unacceptable Goods as defined in Section A(2), (ii) any Parcel that does not meet restrictions on, among other criteria, size, weight, commodity or value identified by PBI or Service Provider, of (iii) any parcel that is deemed a nonmachinable shipment as defined in Section 7.7 of the Mailing Standard of the United States Postal Service Domestic mail Manual.
Delivery Guarantee. 3.10.2.1. Delivery guarantees are given to the Customer, and the Provider will compensate the Customer if the OSD exceeds the agreed CDD for reasons caused by the Provider, its agents, contractors or sub-‐contractors. The Provider will also commence the necessary procedures to ensure that alternative connectivity is provisioned in order to ensure continuity of the Customer Services in those countries affected by any delay from the OSD.
3.10.2.2. If the OSD of a Service Item occurs after its CDD, the Provider will compensate the Customer by a rate of 4% of the monthly recurring charges per day payable for the period between the CDD and the OSD subject to a cap of 100% of the monthly recurring charge. If necessary, the Provider will also commence the necessary procedures to ensure that alternative connectivity is provisioned in order to ensure continuity of service in respect of Service Items affected by any such delay.
3.10.2.3. At the Customer’s sole discretion such compensation may be deducted from any subsequent charge payable by the Customer. Compensation will be applied as a deduction from the charges otherwise payable by the Customer for the month following the month giving rise to the compensation. Cash compensation will be made in case such payables do not exist.
Delivery Guarantee. The Photographer will deliver unedited proofs in digital format of the wedding photographs within 14 days of the wedding date and other items as described under paragraph (h), above, within 5 weeks of receiving the final selection from client. Other orders for photographs will be delivered within 4 weeks from the date of order.
Delivery Guarantee. (NOT TO BE USED FOR A SIGNATURE GUARANTEE)
Delivery Guarantee. Addendum to Lease # 490280 dated April 3rd, 2005 between Nationwide Funding, LLC as Lessor and, IsoRay Medical, Inc. as Lessee. Lessee understands and agrees that in the event the Lessee is not satisfied with the working condition of the equipment that Lessee shall only look to persons other than Lessor or its assigns such as the manufacturer, vendor, installer, or carrier, and shall not assert against Lessor or its assigns any claim or defense that Lessee may have with reference to the Equipment, its installation, or delivery. Lessee understands that despite the fact that certain items of Equipment to be leased have not been delivered or installed, this Addendum authorized Lessor to start the Lease and Leasee’s duty to make monthly payments will commence immediately. Further, Lessee authorizes Lessor to pay: Premier Technology, Inc. is the vendor for the equipment and the Lessee understands that payment shall begin on the same date that the Lessee executes this agreement and shall be continuous thereafter per the terms of the Lease. $ 37,500.00 Will be paid to Premier Technology, Inc (Vendor) upon execution of this agreement. $ 37,500.00 Will be paid to Premier Technology, Inc (Vendor) upon final verification by Lessee after completion of delivery and installation. Nationwide Funding, LLC IsoRay Medical, Inc. Lessor Lessee /s/ E▇▇▇ ▇▇▇▇ /s/ M▇▇▇▇▇▇ ▇▇▇▇▇▇ Signature Signature E▇▇▇ ▇▇▇▇, President M▇▇▇▇▇▇ ▇▇▇▇▇▇, CFO Name & Title Name & Title 04-14-05 4/12/05 Date Date Vendor: Premier Technology, Inc.
Delivery Guarantee. 9.1. In the event the Delivery Date has not taken place by ninety (90) days at the latest from the Date of Agreement, the Customer shall be entitled to demand a deduction of an amount corresponding to fifty (50) percent of the fixed fee paid for the unusable Service.
9.2. In the event the Delivery Date has not taken place by one hundred and twenty (120) days at the latest from the Date of Agreement, the Customer shall be entitled to terminate the Agreement. In the event the Agreement is terminated, any and all performance made shall be rescinded and all dealings shall be deemed settled, with the consequence, inter alia, that no further compensation shall be refunded to the Customer other than any fees paid by the Customer.
9.3. The delivery guarantee in this section 9 shall apply only if the delay in accordance with the provisions above is exclusively due to circumstances imputable to the Provider. Such shall not be deemed to be the case if, for example: • The delay is wholly or partially imputable to an operator other than the Provider, which may be the case due to such operator having a longer delivery time than the Provider. • The delay is wholly or partially imputable to the Customer, which may be the case if the Customer’s equipment is defective or incompatible with the Service, if the Customer affects or changes the date for installation/Delivery Date, or if the Customer has failed to perform its obligations under the Agreement. • The Provider or its representative is not afforded access to relevant facilities. • Information in the Agreement or in Customer Data Information is incorrect and the Provider is unable to obtain correct information (confirmed) by the Customer prior to planned installation. • The Customer has failed to provide complete and correct information or reviewed documents and notified decisions and otherwise fail to provide the information which is necessary to enable the Provider to perform its obligations. • The existence of force majeure (see section 22).