FAILURE TO ACCEPT DELIVERY Sample Clauses

FAILURE TO ACCEPT DELIVERY. If Purchaser fails to accept delivery at the scheduled time, the purchase price shall become due and payable in accordance with the original payment schedule and all risks associated with the product or parts of the product to be delivered, shall be borne by the Purchaser. Purchaser shall be responsible for all storage and handling costs incurred and to be incurred as a result thereof.
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FAILURE TO ACCEPT DELIVERY. The Buyer hereby agrees that if the Buyer fails to accept delivery within the time specified in paragraph (5) hereof, or any extension thereof, the Buyer will pay to the government as liquidated damages, and not as a penalty, the sum of $500 per day, in addition to any other actual damages, for each day it fails to accept delivery of the vessel. The Buyer shall be liable for the amount thereof, provided, however, that in the event of such default or failure of the Buyer in accepting delivery, the Contracting Officer shall also have the right, upon giving ten (10) days written notice to the Buyer (a) to store the Obsolete Vessel for the account and at the risk and expense of the Buyer, or (b) to resell such Obsolete Vessel for the account of the Buyer upon such terms and conditions as the Contracting Officer may deem proper, charging against the Buyer in either of such cases any excess cost occasioned the Government thereby, together with any liquidated damages accrued on account of such default or failure. The exercise by the Contracting Officer of one or more of the rights herein specified will not preclude the Contracting Officer from exercising any other rights the Contracting Officer may have against the Buyer.
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FAILURE TO ACCEPT DELIVERY. In the event the Customer has not accepted delivery of, and paid for, the Contracted Quantity of Fuel by the expiration of the Term, then the Coop shall have the right to charge the Customer the difference between the Price and the price of Fuel charged by the Coop at the expiration of the Term, multiplied by the number of gallons of the Contracted Quantity of Fuel the Customer has failed to purchase from the Coop during the Term. Alternatively, the Coop may, at its sole option, require that the Customer accept delivery of, and pay for, the number of gallons of the Contracted Quantity of Fuel the Customer has not purchased from the Coop during the Term at the Price.
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FAILURE TO ACCEPT DELIVERY. 10.1 The Hirer must accept Delivery of the Container whenever it is tendered for Delivery.
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FAILURE TO ACCEPT DELIVERY. Where the buyer fails to accept delivery of the goods, or fail to arrange for their collection, the Company may, without prejudice to any other rights it may have, make such of the following provisions as it considers appropriate.
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FAILURE TO ACCEPT DELIVERY. Where the buyer fails to accept delivery of the goods, or fail to arrange for their collection, the company may, without prejudice to any other rights it may have, make such of the following provisions as it considers appropriate. a) it may store the goods at the buyer’s expense. b) it may insure the goods at the buyer’s expense. c) it may make additional charges for any further transport costs. d) it may proceed to sell the goods, on giving written notice to the buyer, and any loss suffered by ourselves shall be a debt owed by you to the company as though it were part of the invoice price. The contract goods), passes to the Company and the foregoing provisions e) It may maintain a lien on any property of the buyers with a right to sell any such property, which is in the Company’s possession, until such time as the buyer has paid in full all amounts outstanding under this clause. Where the Company exercises its right to sell, it will account to the buyer for any surplus after allowing for all amounts outstanding and for any costs and expenses incurred in relation to the goods. The foregoing provisions are also to apply where delivery or collection of the goods has been delayed or deferred at the buyer’s request, even though the Company may have agreed to such request.
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FAILURE TO ACCEPT DELIVERY. If the customer fails to accept delivery of the Goods, the Company shall, without prejudice to its other rights, be entitled to store the Goods at the customer's sole risk and expense and the customer shall pay all storage and additional delivery costs incurred until such delivery is accepted by customer. In the event the delivery is rejected because the customer alleges such Goods are defective, then the provisions of Section 10 (Defective Returns) shall apply.
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FAILURE TO ACCEPT DELIVERY. Where you, for whatever reason, fail to accept delivery of the goods, or fail to arrange for their collection, the following rules, or any of them, will apply but without prejudice to such other rights as the company might have:
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FAILURE TO ACCEPT DELIVERY. Where you, for whatever reason, fail to accept delivery of goods, or fail to arrange for their collection, the risk in those goods insofar as it had not previously passed shall be on you, and the following rules, or any of them, will Xxxxxxxx Lakes South Phone Fax e-mail Xxxxxxxx, Xxxxx xx Xxxxx XX0 0XX +00 (0)0000 000000 +00 (0)0000 000000 xxxxx@xxxxx.xx.xx apply but without prejudice to such other rights as the company might have, that is to say the company may:
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Related to FAILURE TO ACCEPT DELIVERY

  • Failure to Deliver Applicable

  • Failure to Notify If Contractor fails to specify in writing any problem or circumstance that materially affects the costs of its delivery of services or products, including a material breach by the Department, about which Contractor knew or reasonably should have known with respect to the period during the term covered by Contractor's status report, Contractor shall not be entitled to rely upon such problem or circumstance as a purported justification for an increase in the price for the agreed upon scope.

  • Failure to Agree If the Contractor claims entitlement to a change in the Contract, and the Department does not agree that any action or event has occurred to justify any change in time or compensation, or if the parties fail to agree upon the appropriate amount of the adjustment in time or compensation, the Department will unilaterally make such changes, if any, to the Contract, as it determines are appropriate pursuant to the Contract. The Contractor shall proceed with the Work and the Department's directives, without interruption or delay, and shall make a claim as provided in Article 12. Failure to proceed due to a dispute over a change request shall constitute a material breach of the Contract and entitle the Department to all available remedies for such breach, including, without limitation, termination for default.

  • Failure to Cure If DSHS learns of a pattern or practice of the Business Associate that constitutes a violation of the Business Associate’s obligations under the terms of this Contract and reasonable steps by DSHS do not end the violation, DSHS shall terminate this Contract, if feasible. In addition, If Business Associate learns of a pattern or practice of its Subcontractors that constitutes a violation of the Business Associate’s obligations under the terms of their contract and reasonable steps by the Business Associate do not end the violation, Business Associate shall terminate the Subcontract, if feasible.

  • Failure to Close (A) If Seller(s) fails to convey the property as provided in this contract: Buyer(s) may exercise legal remedies including suit for specific performances or damages. Agent may xxx Xxxxxx(s) to recover loss of commission. Agent may pay Xxxxxxx Money into a court of competent jurisdiction, or retain Xxxxxxx Money until directed to distribute the same by a court of competent jurisdiction.

  • Non Delivery C15.1 Where the Goods, having been placed in transit, fail to be delivered to the Authority on the due date for delivery, the Authority shall, (provided that the Authority has been advised in writing of the dispatch of the Goods), within ten (10) Working Days of the notified date of delivery, give notice to the Contractor that the Goods have not been delivered and may request the Contractor free of charge to deliver substitute Goods within the timescales specified by the Authority or terminate the Contract in accordance with clause C13.4 (Delivery).

  • Failure to Provide Notice A failure to give timely Notice or to include any specified information in any Notice as provided in this Section 15.3 will not affect the rights or obligations of any Party hereunder except and only to the extent that, as a result of such failure, any Party which was entitled to receive such Notice was deprived of its right to recover any payment under its applicable insurance coverage or was otherwise materially damaged as a direct result of such failure and, provided further, the Indemnitor is not obligated to indemnify the Indemnitee for the increased amount of any Indemnifiable Loss which would otherwise have been payable to the extent that the increase resulted from the failure to deliver timely a Notice of Claim.

  • Failure to Act Except for action expressly required of Agent hereunder and under the other Financing Agreements, Agent shall in all cases be fully justified in failing or refusing to act hereunder and thereunder unless it shall receive further assurances to its satisfaction from Lenders of their indemnification obligations under Section 12.5 hereof against any and all liability and expense that may be incurred by it by reason of taking or continuing to take any such action.

  • Failure to Make Payment In the event a participating Authorized User fails to make payment to the Contractor for Products delivered, accepted and properly invoiced, within 30 calendar days of such delivery and acceptance, the Contractor may, upon five business days advance written notice to both the Commissioner and the Authorized User’s purchasing official, suspend additional provision of Products to such entity until such time as reasonable arrangements have been made and assurances given by such entity for current and future Contract payments.

  • Failure to Achieve Commercial Operation If the Large Generating Facility fails to achieve Commercial Operation, but it or another generating facility is later constructed and makes use of the Network Upgrades, the Participating TO shall at that time reimburse Interconnection Customer for the amounts advanced for the Network Upgrades. Before any such reimbursement can occur, the Interconnection Customer, or the entity that ultimately constructs the generating facility, if different, is responsible for identifying and demonstrating to the Participating TO the appropriate entity to which reimbursement must be made in order to implement the intent of this reimbursement obligation.

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