Common use of Incorrect Delivery Clause in Contracts

Incorrect Delivery. (a) Early deliveries of Products may be refused due to space or security considerations and returned or stored at Lucent's expense and risk of loss. (b) WinStar assumes no liability for Products produced, processed, rendered or shipped in excess of the amounts specified in any Purchase Order submitted pursuant to this Agreement. (c) If Lucent makes a proper shipment in a timely manner and the WinStar facility is not prepared to receive the shipment, WinStar will be responsible for unavoidable Out-of-Pocket Expenses that Lucent reasonably incurs as a direct result of WinStar's failure to prepare. Lucent will provide WinStar with an estimate of such Out-of-Pocket Expenses as soon as possible following WinStar's notice.