Delivery Performance Clause Examples

Delivery Performance. Unless otherwise stated herein or on the Order, all Goods are to be shipped freight prepaid F.O.B. Seller’s factory. Buyer has the option to specify routing, carrier and shipment methods. Time is of the essence for this Order. One hundred percent (100%) on-time delivery in accordance with the Order delivery schedule is MANDATORY, and unless specifically authorized by the Buyer in writing, any deliveries received after the specified date will be considered delinquent. Where the delinquent delivery situation is determined to be the fault of the Seller, Seller shall be liable for the transportation costs, loss of production time, etc., or any other damages as a result of delinquency. Seller is responsible for ensuring on-time deliveries from its suppliers so as to ensure on-time delivery of the Goods to the Buyer. Seller shall not be excused from its delivery requirements due to the fault of its suppliers. In the event Seller’s Goods become delinquent, Seller must proactively provide regular delivery status reports in writing to the Buyer until the delinquent status is fully resolved to Buyer’s satisfaction and Goods are delivered complete to Buyer’s premises. At a minimum, Seller’s reports shall include the Goods part number(s), part description(s), Order number(s), past due quantity, current status of Goods, and projected ship dates. Reports shall be in Microsoft Excel format unless otherwise directed by Buyer. Buyer expects that such reports will be the exception, as 100% on-time delivery is required and expected. Early delivery by Seller is not permitted unless authorized in writing by the Buyer. Premium/Expedited shipping costs are not allowed unless authorized in writing by Buyer. Seller is responsible for the difference between premium/expedited shipping costs and standard shipping costs unless Seller obtains authorization in writing from Buyer to ship via premium/expedited shipping.

Delivery Performance. On time delivery shall be measured and reported to ENPHASE on a monthly basis as measured against the original commitment date provided to ENPHASE by Phoenix Contact. Orders shall be considered on time if they are shipped from one week earlier than the scheduled shipment date up to one day after the scheduled shipment date. On-time delivery shall be the sole responsibility of Phoenix Contact except in cases where ENPHASE has requested delivery inside of mutually agreed lead times. In this instance, Phoenix Contact shall make all reasonable efforts to support the mutually agreed delivery times. The target for on-time delivery of product shall be 95% on time. If Phoenix drops below this percentage for two months in a row or drops below 70% for one month, Phoenix Contact shall provide ENPHASE with a written corrective action plan. If, after 60 days from this written plan delivery performance has not improved to the target, Phoenix Contact shall be considered in material breach of the contract.

Delivery Performance. On time delivery shall be measured and reported to Customer on a monthly basis. Orders shall be considered on time if they are shipped [***] On-time delivery shall be the sole responsibility of [***] If [***] can not meet the on time delivery requirement for any order due to [***] then [***]

Delivery Performance. Supplier shall cause all goods to be shipped to Purchaser’s location as indicated on the Order. Supplier shall be responsible for all shipment and packaging costs unless otherwise shown on the Order, and shall bear all risk of loss of goods prior to Purchaser’s inspection and final acceptance. Supplier shall perform any services promptly, in accordance with the Order and any other directives that Purchaser may provide to Supplier.

Delivery Performance. On-time delivery is measured against late deliveries. Suppliers are required to provide 100% on-time delivery.

Delivery Performance. Plexus and Customer agree to measure, review and discuss delivery performance for all Assemblies. Both parties agree to measure actual delivery dates as compared to Customer requested delivery dates and to Plexus’ expected delivery dates.

Delivery Performance. 4.1. The Goods shall be delivered to, and the Services shall be performed at the address and on the date or within the period stated in the Order, and in either case during the Customer's usual business hours, except where otherwise agreed in the Order. Time shall be of the essence in respect of this Condition 4.2. Where the date of delivery of the Goods or of performance of Services is to be specified after issue of the Order, the Supplier shall give the Customer reasonable written notice of the specified date. 4.3. Delivery of the goods shall take place and title in the Goods will pass on the completion of the physical transfer of the goods from the Supplier or its agents to the Customer or its agents at the address specified in the Order. 4.4. Risk of damage to or loss of the Goods shall pass to the Customer in accordance with the relevant provisions of Incoterms rules as in force at the date the Contract is made or, where Incoterms do not apply, risk in the Goods shall pass to the Customer on completion of delivery. 4.5. The Customer shall not be deemed to have accepted any Goods or Services until the Customer has had reasonable time to inspect them following delivery and/or performance by the Supplier. 4.6. The Customer shall be entitled to reject any Goods delivered or Services supplied which are not in accordance with the Contract. If any Goods or Services are so rejected, at the Customer's option, the Supplier shall forthwith re-supply substitute Goods or Services which conform with the Contract. Alternatively, the Customer may cancel the Contract and return any rejected Goods to the Supplier at the Supplier's risk and expense.

Delivery Performance. (a) Except as provided in this Call-Off Agreement, Customer will be solely responsible for the security and confidentiality of the access codes and passwords through which it accesses the Platform. (b) If the performance of this Call-Off Agreement by the Supplier is delayed and/or prevented (whether in whole or in part) by a failure by Customer to comply with either Customer Responsibilities set out in the Order Form and/or the Service Definition, and/or any other obligations of Customer under this Call-Off Agreement (each a “Customer Default”), the Supplier shall: (i) be entitled to a reasonable extension of time for performance and to recover any reasonable additional costs (calculated in accordance with the Rate Card) which were incurred as a result of Customer Default, provided always that it advises appropriate Customer personnel of Customer Default as soon as reasonably practicable after becoming aware of Customer Default; and (ii) not be deemed to be in breach of this Call-Off Agreement (including in relation to any service levels) to the extent such potential breach arises directly or indirectly as a result of a Customer Default.

Delivery Performance. During the […***…] month period immediately following the Effective Date (the “Grace Period”), for all accepted Purchase Orders, NXP will maintain an average monthly on-time delivery rate consistent with NXP’s delivery performance during the 2011 calendar year under the Original MSA. Thereafter, for all accepted Purchase Orders, NXP will maintain an average monthly on-time delivery rate of at least […***…] percent […***…]%). For purposes of this Section 7.3, the Parties acknowledge and agree that “on time delivery” means (a) shipment of the total quantity of ordered Products on the original confirmed delivery date; and (b) the period of time between shipment and delivery shall not be greater than […***…] Business Days. The Parties further acknowledge and agree that NXP’s obligations under this Section 7.3 are subject in all cases to Section 2.4 hereof. Without limiting the foregoing, the Parties shall cooperate in good faith to enable NXP to achieve an average monthly on-time delivery rate of at least […***…] percent ([…***…]%) in the calendar quarters after the Grace Period.