Late Deliveries i. When applicable, delivery must be made as ordered or as directed by Battelle and confirmed by the Seller when not in conflict with the original order. The decisions of Battelle as to reasonable compliance with delivery terms shall be final. The burden of proof of delay in receipt of goods by Battelle shall rest with the Seller.
Late Deliveries. In the event that Supplier fails to deliver some quantity of Products in accordance with the Purchase Order, Customer shall grant Supplier a [***] business day grace period to correctly fulfill the delivery. Without limiting Customer’s other remedies, if, after this grace period Supplier has still failed to deliver the Product in accordance with this Agreement, and the cause of any such delay is attributable to Supplier, then (a) the Parties shall immediately escalate the issue to their respective upper management teams, who will create and implement an Action Plan to address the issue and prevent further delay and (b) Supplier shall bear all reasonable costs, including any applicable expedited shipping costs to deliver the applicable Products as soon as possible following the originally scheduled delivery date. If Supplier fails to deliver the requested Products within [***] business days following the scheduled delivery date for reasons attributable to Supplier in [***] or more occasions during a single [***], the price payable by Customer to Supplier for each delayed Delivery Lot other than that [***]’s first delayed Delivery Lot will be reduced by [***] per [***] until the date of actual delivery unless agreed by both Parties due to some unexpected circumstances. For purposes of clarity, it is agreed to by the Parties that the price of the first delayed Delivery Lot in any given [***] shall not be reduced. Supplier and Customer acknowledge and agree that (i) [***]; (ii) [***]; and (iii) as of the Effective Date, [***]. Supplier shall have no liability if the delivery or manufacturing of the Products is delayed for reasons solely attributable to Customer, including, without limitation, the failure to timely deliver required Components Customer has agreed to source.
Late Deliveries. 28.1 If the Seller cannot meet the agreed delivery schedule or that such a delay seems likely, the Seller shall notify CMC in writing of the reason for the delay and the new delivery time.
Late Deliveries. The Supplier is required to notify Buyer in writing immediately if there is any reason to believe that the time of delivery agreed upon cannot be met. Such notification shall state the reason as well as the probable length of the delay. The Supplier is responsible for all direct and potential indirect losses that Buyer suffers and that could have been avoided if the Supplier had informed Buyer in due time or if Supplier is unable to resume deliveries according to schedules within a reasonable time. In case of a delay of delivery, failure to comply with the delivery schedules or shipping requirements the Buyer is entitled to compensation for any damages, losses, costs and expenses incurred.
Late Deliveries. Amazon requires that you deliver the packages to the customers on time. The app will specify the delivery window during which the customer expects the package to be delivered. If you repeatedly deliver packages late, you will no longer be eligible to participate in the Program.
Late Deliveries. Seller shall not be liable for any delay or impossibility to deliver Products (whether total or partial) within the scope of a Purchase Order due to delays in the approvals or authorizations from governmental agencies, acts of nature or force majeure, such as, those events that could not been foreseen or avoided, or if foreseen, could not be avoided, and any external unforeseeable event - other than Seller’s express intention- that make it impossible to execute their obligations arising from the Purchase Order, including but not limited to the restrictions imposed by competent authorities on product imports, strikes, lockouts, flooding, governmental approvals, laws, regulations or any other cause beyond the Seller’s control, such as delays by any third party.
Late Deliveries. Supplier may not deliver such Products more than seven calendar days before or after the specified Delivery Dates. Except in the case of a Force Majeure Event, if Supplier fails to deliver any Products within seven calendar days after the applicable Delivery Date, then in addition to its other rights under this Agreement, Customer may impose a penalty equal to 1.5% of the aggregate price of the Products that have not yet been delivered, and may continue to charge such penalty for each seven-day period that such Products remain undelivered (pro-rated for partial periods). In addition, if (A) Supplier notifies Customer that Supplier is unable or unwilling to deliver all of the Products specified in a Firm Order by a date that is ten weeks after the Delivery Date specified in a Firm Order or (B) Customer can reasonably demonstrate that delivery delays have caused, or are reasonably likely to cause, Customer to lose the commercial opportunity for which the Products were intended (for example, by the operation of binding provisions in the contract with the intended Customer counterparty), then Supplier must pay to Customer a penalty equal to 15% of the total purchase price of the undelivered Products in Firm Orders. The Parties agree that because the exclusivity obligations under this Agreement preclude Customer from procuring competing Products for use in the Territory, the penalties described in this Section 6(b) reflect a reasonable estimate of the Damages to Customer if Supplier fails to meet its delivery schedule.
Late Deliveries. Supplier shall notify Cisco and any affected Cisco Authorized Purchasers promptly if Supplier reasonably anticipates that delivery may be delayed. In the event that the parties cannot agree on a new delivery date, Cisco or its Authorized Purchaser may reschedule or cancel the affected Order(s) without penalty.
Late Deliveries. If Manufacturer determines that Manufacturer will not be able to meet the scheduled shipment date, Manufacturer shall immediately notify BUYER orally and in writing of Manufacturer’s inability to meet the shipment date. Concurrently with its notification to BUYER, Manufacturer shall supply a recovery release schedule, which shall include overnight shipping or expatiated shipping, and thereafter take all appropriate actions to comply with the recovery release schedule. If late delivery is determined to be Manufacturer’s fault, then compensation shall be negotiated by both parties.
Late Deliveries. Delivery made within [*] of the delivery dates specified in Purchase Orders and in accordance with 12.3 “Shipping Terms” accepted by Seller are deemed timely delivery. Buyer shall not be entitled to damages or specific performance for any material failure by Seller to timely meet such delivery schedules when such failure is the result of any act or omission of Buyer, its employees or Agents. For each [*] of late delivery a price reduction of [*] penalty will applied up to but not exceeding [*]. Late Deliveries of any Products shall be subject to special Purchase Order cancelation rights of Buyer in accordance with the following:
