Common use of Delivery Penalty Waiver Clause in Contracts

Delivery Penalty Waiver. Vendor shall not be penalized if within the thirty (30) day delivery period, they have supplied OET and the customer with a written notice indicating the particular model ordered is not available in inventory anymore and a newer different model will be shipped in its place. In this case, the vendor should have submitted the new model to OET for approval and evaluation testing unless the evaluation of that model is waived by OET. The new model should not be shipped to the customer until which time the model has been added to the KETS contract. The vendor should not use this penalty waiver to notify customers falsely with intentions to stall and send the same unit originally ordered. This conduct may result in termination of contract. Once the vendor receives notification their new model is now available for sales; the thirty (30) day clock starts again.

Appears in 4 contracts

Samples: Term Lease Agreement, Term Lease Agreement, Term Lease Agreement

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