Common use of Delivery of Goods Clause in Contracts

Delivery of Goods. Vendor hereby agrees to on-time delivery based upon the timeline set forth in the Agreement. If the Agreement does not specify a delivery date (the “Delivery Date”) or timeline, Vendor shall provide the Goods as if time is of the essence. Changes, modifications or any delay resulting from FIU that prevents Vendor from achieving the Delivery Date shall not constitute a breach of the Agreement by Vendor. If Vendor anticipates a delay in the delivery of the Goods, Vendor shall immediately notify FIU. In the event that Vendor fails to deliver the Goods by the Delivery Date not due to the fault of FIU, or Vendor fails to deliver conforming Goods, FIU may purchase substitute Goods elsewhere and charge Vendor for any additional expense incurred relating to the purchase of such substitute Goods. Vendor shall deliver all Goods in accordance with the terms of the Agreement. If delivery of the Goods is not complete by the Delivery Date, FIU may, without liability, and in addition to its other rights and remedies, terminate the Agreement, by notice effective when received by Vendor, as to Goods not yet delivered or rendered. Acceptance (as defined below) of any part shall not bind FIU to Accept any future shipments nor deprive it of the right to return Goods already Accepted.

Appears in 8 contracts

Samples: University Standard Terms and Conditions, University Standard Terms and Conditions, University Standard Terms and Conditions

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Delivery of Goods. Vendor hereby agrees to on-time delivery based upon the timeline set forth in the Agreement. If the Agreement does not specify a delivery date (the “Delivery Date”) or timeline, Vendor shall provide the Goods as if time is of the essence. Changes, modifications or any delay resulting from FIU that prevents Vendor from achieving the Delivery Date shall not constitute a breach of the Agreement by Vendor. If Vendor anticipates a delay in the delivery of the Goods, Vendor shall immediately notify FIU. In the event that Vendor fails to deliver the Goods by the Delivery Date not due to the fault of FIU, or Vendor fails to deliver conforming Goods, FIU may purchase substitute Goods elsewhere and charge Vendor for any additional expense incurred relating to the purchase of such substitute Goods. Vendor shall deliver all Goods in accordance with the terms of the Agreement. If delivery of the Goods is not complete by the Delivery Date, FIU may, without liability, and in addition to its other rights and remedies, terminate the Agreement, by notice effective when received by Vendor, as to Goods not yet delivered or rendered. Acceptance (as defined below) of any part of the Agreement shall not bind FIU to Accept any future shipments nor deprive it of the right to return Goods already Accepted.

Appears in 3 contracts

Samples: Terms and Conditions, Terms and Conditions, University Standard Terms and Conditions

Delivery of Goods. Vendor hereby agrees to on-time delivery based upon the timeline set forth in the AgreementPurchase Order. If the Agreement Purchase Order does not specify a delivery date (the “Delivery Date”) or timeline, Vendor shall provide the Goods as if time is of the essence. Changes, modifications or any delay resulting from FIU XSI that prevents Vendor from achieving the Delivery Date shall not constitute a breach of the Agreement this Purchase Order by Vendor. If Vendor anticipates a delay in the delivery of the Goods, Vendor shall immediately notify FIUXSI. In the event that Vendor fails to deliver the Goods by the Delivery Date not due to the fault of FIUDate, or Vendor fails to deliver conforming Goods, FIU XSI may purchase substitute Goods elsewhere and charge Vendor for any additional expense incurred relating to the purchase of such substitute Goods. Vendor shall deliver all Goods in accordance with the terms of the AgreementPurchase Order. If delivery of the Goods is not complete by the Delivery Date, FIU XSI may, without liability, and in addition to its other rights and remedies, terminate the Agreement, Purchase Order by notice effective when received by Vendor, as to Goods not yet delivered or rendered. Acceptance of any part of the Purchase Order shall not bind XSI to Accept (as defined belowhereafter) of any part shall not bind FIU to Accept any future shipments nor deprive it of the right to return Goods goods already AcceptedAccepted (as defined hereafter).

Appears in 1 contract

Samples: These Purchase Order Terms and Conditions

Delivery of Goods. Vendor hereby agrees to on-time delivery based upon the timeline set forth in the AgreementPurchase Order. If the Agreement Purchase Order does not specify a delivery date (the “Delivery Date”) or timeline, Vendor shall provide the Goods as if time is of the essence. Changes, modifications modifications, or any delay resulting from FIU XSI that prevents Vendor from achieving the Delivery Date shall not constitute a breach of the Agreement this Purchase Order by Vendor. If Vendor anticipates a delay in the delivery of the Goods, Vendor shall immediately notify FIUXSI. In the event that Vendor fails to deliver the Goods by the Delivery Date not due to the fault of FIUDate, or Vendor fails to deliver conforming Goods, FIU XSI may purchase substitute Goods elsewhere and charge Vendor for any additional expense incurred relating to the purchase of such substitute Goods. Vendor shall deliver all Goods in accordance with the terms of the AgreementPurchase Order. If delivery of the Goods is not complete by the Delivery Date, FIU XSI may, without liability, and in addition to its other rights and remedies, terminate the Agreement, Purchase Order by notice effective when received by Vendor, as to Goods not yet delivered or rendered. Acceptance of any part of the Purchase Order shall not bind XSI to Accept (as defined belowhereafter) of any part shall not bind FIU to Accept any future shipments nor deprive it of the right to return Goods goods already AcceptedAccepted (as defined hereafter).

Appears in 1 contract

Samples: These Purchase Order Terms and Conditions

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Delivery of Goods. Vendor hereby agrees to on-time delivery based upon the timeline set forth in the AgreementContract. If the Agreement Contract does not specify a delivery date (the “Delivery Date”) or timeline, Vendor shall provide the Goods as if time is of the essence. Changes, modifications or any delay resulting from FIU the University that prevents Vendor from achieving the Delivery Date shall not constitute a breach of the Agreement Contract by Vendor. If Vendor anticipates a delay in the delivery of the Goods, Vendor shall immediately notify FIUthe University. In the event that Vendor fails to deliver the Goods by the Delivery Date not due to the fault of FIUthe University, or Vendor fails to deliver conforming Goods, FIU the University may purchase substitute Goods elsewhere and charge Vendor for any additional expense incurred relating to the purchase of such substitute Goods. Vendor shall deliver all Goods in accordance with the terms of the AgreementContract. If delivery of the Goods is not complete by the Delivery Date, FIU the University may, without liability, and in addition to its other rights and remedies, terminate the AgreementContract, by notice effective when received by Vendor, as to Goods not yet delivered or rendered. Acceptance (as defined below) of any part shall not bind FIU the University to Accept any future shipments nor deprive it of the right to return Goods already Accepted.

Appears in 1 contract

Samples: Po Terms

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