Common use of Delivery Clause in Contracts

Delivery. Delivery should be strictly in accordance with delivery schedule. If Contractor's deliveries fail to meet such schedule, the Division, without limiting its other remedies, may direct expedited routing and the difference between the expedited routing and the order routing costs shall be paid by the Contractor. Articles fabricated beyond the Division’s releases are at Contractor’s risk. Contractor shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet delivery schedule, and, unless otherwise specified herein, no deliveries shall be made in advance of the Division’s delivery schedule. Neither party shall be liable for excess costs of deliveries or defaults due to the causes beyond its control and without its fault or negligence, provided, however, that when the Contractor has reason to believe that the deliveries will not be made as scheduled, written notice setting forth the cause of the anticipated delay will be given immediately to the Division. If the Contractor’s delay or default is caused by the delay or default of a subcontractor, such delay or default shall be excusable only if it arose out of causes beyond the control of both Contractor and subcontractor and without fault of negligence or either of them and the articles or services to be furnished were not obtainable from other sources in sufficient time to permit Contractor to meet the required delivery schedule.

Appears in 173 contracts

Samples: Master Agreement, Master Agreement, Master Agreement

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Delivery. Delivery should shall be strictly in accordance with Buyer’s delivery schedule. If Contractor's Seller’s deliveries fail to meet such schedule, the DivisionBuyer, without limiting its other remedies, may direct expedited routing and the difference between the expedited routing and the order routing costs shall be paid by the ContractorSeller. Articles Material fabricated beyond the DivisionBuyer’s releases are is at ContractorSeller’s risk. Contractor Seller shall not make material commitments or production arrangements in excess of the amount or in advance of the time necessary to meet Xxxxx’s delivery schedule, and, schedule and unless otherwise specified herein, no deliveries shall be made in advance of the DivisionBuyer’s delivery schedule. Neither party shall be liable for excess costs of deliveries or defaults due to the causes beyond its control and without its fault or negligence, provided, however, that when the Contractor Seller has reason to believe that the deliveries will not be made as scheduled, written notice setting forth the cause of the anticipated delay will be given immediately to the DivisionBuyer. If the ContractorSeller’s delay or default is caused by the delay or default of a subcontractor, such delay or default shall be excusable only if it arose out of causes beyond the control of both Contractor Seller and subcontractor and without the fault or negligence of negligence or either of them and the articles supplies or services to be furnished were not obtainable from other sources in sufficient time to permit Contractor Seller to meet the required delivery schedule.

Appears in 1 contract

Samples: www.flightsafety.com

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