DELIVERY/LATE DELIVERY Clause Samples
The DELIVERY/LATE DELIVERY clause defines the obligations and timelines for delivering goods or services under a contract, as well as the consequences if delivery is delayed. Typically, it specifies the expected delivery date, the party responsible for arranging shipment, and may outline penalties or remedies if the delivery is late, such as liquidated damages or the right to terminate the agreement. This clause ensures both parties are clear on delivery expectations and provides a mechanism to address delays, thereby reducing uncertainty and encouraging timely performance.
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DELIVERY/LATE DELIVERY. The delivery dates indicated on the order are binding. The Supplier is obligated to deliver in a timely manner. Delivery shall be made to the place of delivery indicated in the order. STRATEC reserves the right to reject deliveries made ahead of schedule. Unless otherwise agreed, deliveries shall be made to DAP Birkenfeld (INCOTERMS® 2020). Should the Supplier become aware that an agreed delivery date cannot be met, he shall notify STRATEC in writing immediately and indicate the reasons for, and the likely duration of, the delay. This shall be without prejudice to the Supplier’s obligation to facilitate delivery on schedule. If the Supplier and STRATEC agree delivery of the order on an exactly specified date, and should the Supplier fail to deliver by that date at the latest, the Supplier shall be in default, without a default notification being required. In the event of late delivery STRATEC shall be entitled to assert its statutory claims without limitation. In the event of the Supplier’s default, STRATEC may - in addition to its statutory rights - claim a contractual penalty of 0.5% for each complete week of delay, up to a maximum of 5% of the total order value. The contractual penalty shall be offset against any loss due to the delay to be compensated by the Supplier. The Supplier is not permitted to make partial order without the prior written consent of STRATEC.
DELIVERY/LATE DELIVERY. Supplier shall deliver the Products to the agreed ship-to location on the agreed delivery date. Delivery terms are EXW Supplier’s shipping point, per Incoterms 2010. Supplier shall notify Cisco and any affected Cisco Authorized Purchasers promptly if Supplier reasonably anticipates that delivery may be delayed. If the order is delayed more than [**] and the parties cannot agree on a new delivery date, Cisco or its Authorized Purchaser may reschedule or cancel the affected Order(s) without penalty. After a [**] grace period, [**] an Order is delayed, Cisco shall receive, as fixed and agreed liquidated damages, a credit against such Order(s) in the amount of [**]% of the price of the undelivered portion of the Order for each additional day delivery has been so delayed. The parties acknowledge that quantifying the amount damages for Supplier’s failure to deliver the Products as set forth in such Order(s) may be difficult, and that such liquidated damages are reasonable in light of the anticipated harm. Upon delivery of any such delayed Order Supplier shall pay the cost to expedite delivery (including freight, expedited charges, Supplier overtime and any other charges associated with the delivery).
DELIVERY/LATE DELIVERY. 11.1 Promptly after the Effective Date, Supplier shall mutually agree with Company to implement flexible delivery arrangements set out in Attachment I (the “Flexible Delivery Arrangements”). At Company’s request, Supplier will enter into other flexible delivery arrangements, such as, without limitation, a “Vendor Managed Inventory” program, as may be agreed by the Parties. Any such “Vendor Managed Inventory” program agreed to by the Parties with respect to Products provided by Supplier to Company under this Agreement will be set out and incorporated in this Agreement as Attachment L.
11.2 Supplier agrees that except for the liability as set forth in Article 13 or as otherwise provided in this Agreement, and subject to the provisions of Article 10, all Forecasts provided by Company in relation to a Flexible Delivery Arrangement are for planning purposes only and shall not be deemed a commitment by Company. Supplier shall use its reasonable commercial efforts to satisfy Company’s requirements exceeding any upside flexible delivery or Forecast increase limits as may be agreed to as part of the Flexible Delivery Arrangements. Notwithstanding anything to ▇▇▇▇▇▇ – Elcoteq Proprietary Use Pursuant to Company Instructions CONFIDENTIAL TREATMENT REQUESTED Manufacturing Supply Agreement Page 10 the contrary, any failure by Supplier to satisfy any such requirements of Company shall not be deemed to constitute a breach by Supplier of its obligations under this Agreement, and shall not be deemed to affect any measure of Supplier’s performance of its obligations under this Agreement.