Late Delivery and Penalty. Should the Seller fail to make delivery on time as stipulated in the Contract, with exception of Force Majeure causes specified in clause 12 in this Contract, the Buyer shall agree to postpone the delivery not more than 3 weeks from the time of shipment. In the case that the Seller fails to make delivery three weeks later than the time of shipment stipulated in the Contract, the Buyer shall have the right to cancel the Contract.
Late Delivery and Penalty. In case of delayed shipment, except for force majeure, the Seller shall pay to the Buyer for every week of delay a penalty amounting to [*] of the total value of the goods whose shipment has been delayed. Any fractional part of a week is to be considered as a full week. The total amount of penalty shall not, however, exceed [*] of the total value of the goods involved in late shipment and is to be deducted from the amount due at the time of payment.
Late Delivery and Penalty. In case of delayed delivery except for Force Majeure cases, the Seller shall pay to the Buyer for every week of delay penalty amounting to 0.5% of the total value of the Equipment whose delivery has been delayed. Any fractional part of a week is to be considered a full week. The total amount of penalty shall not, however, exceed 5% of the total value of the Equipment involved in late delivery. If the delay is more than 12 weeks, the Buyer is entitled to terminate this Contract. However the Seller will still be responsible for above mentioned penalties. Vice versa, in case the Buyer delay the payment or issue of L/C due to the Buyer’s reason, the Seller will not be responsible for late delivery.
Late Delivery and Penalty. In case of delayed delivery of any shipment, starting from the fourth week of delay and should the Seller fail to make the announcement of readiness for dispatch on time as stipulated in the Contract, with exception of Force Majeure causes specified in this Contract the Seller agrees to pay penalty which shall be deducted by the paying bank from the payment. The penalty, however, shall not exceed [**]% of the total value of the goods involved in the late delivery. The rate of penalty is charged at [**]% for every Confidential Portions of this Exhibit marked as [**] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. Confidential Treatment Requested by American Superconductor Corporation seven days, a delay for more than 4 days (including 4 days) is counted as one complete week. In case the Seller fails to make delivery ten weeks later than the time of shipment stipulated in the Contract, the Buyer shall have the right to cancel the Contract, and the Seller, in spite of the cancellation, shall still pay the aforesaid penalty to the Buyer without delay. This penalty shall be Seller’s exclusive liability for delay under this Contract or otherwise.
Late Delivery and Penalty. RF will review purchase order from JM immediately upon receipt. Included in RF review shall be availability of ingredients and factory schedule needed to meet JM requested product delivery date. RF will make every effort to assure quick production and delivery of product under the purchase order. Acceptance of the purchase order is not a guarantee that product will be available on date requested by JM on purchase order. Production period may take as long as 12 weeks (excluding holiday periods) to manufacture and deliver. The twelve week production period will begin on full execution of purchase order document signified by receipt of signed/chopped purchase order document by both parties and receipt of deposit required by RF in RF bank account. Product delivery date will be discussed and agreed by both parties in Good Faith with the understanding that quality of product is top consideration and that production may not be rushed. RF will provide updates of production status throughout the production period similar to the current updates provided for PO 20140218NJ. In the event that there is a delay in product delivery beyond the twelve week period anticipated due to circumstances outside of RF control or force majeure, both parties will discuss problem in good faith and friendly manner to find a good solution. If product availability is delayed for more than 2 weeks beyond anticipated 12 week period, RF will pay a penalty of 2% of product order value for amount of goods not available within agreed period per week of delay. In the event that product order is delayed more than 10 weeks following 12 week production period, JM many cancel the order for any product not available to JM during that 22 week period. It is recognized that any product orders not already in production may be cancelled by JM and this agreement may be terminated by JM following conclusion of production and satisfactory timely delivery according to the terms of this agreement. It is understood by both parties that the production of product and import of same is a difficult and challenging business. It is understood that RF cannot be responsible for changes in Chinese law or inspection requirements once a purchase order has been accepted by RF. If there is a change, JM will advise RF immediately in English of the changes and RF will use best efforts to make product or testing changes needed, but cannot guarantee change can be accomplished. Both parties agree to work productively together to...
Late Delivery and Penalty. Without limitation of its rights in Section 7 above, Xxxxx may, in its discretion, agree to accept a late delivery; provided, that Xxxxx shall get a credit, for every five (5) days of delay, a penalty amounting to one percent (1%) of the total value of the Products whose shipment has been delayed. Any fractional part of a week is to be considered as a full week. The total amount of penalty shall not, however, exceed ten percent (10%) of the total value of the Products involved in late shipment and is to be deducted from the amount due at the time of payment.
Late Delivery and Penalty. Without limitation of its rights in Section 7 above, Xxxxx Marketplace may, in its discretion, agree to accept a late delivery; provided, that Xxxxx Marketplace shall get a credit, for every five
Late Delivery and Penalty. In case of delayed delivery of any shipment, starting from the fourth week of delay and should the Seller fail to make the announcement of readiness for dispatch on time as stipulated in the Contract, with exception of Force Majeure causes specified in this Contract the Seller agrees to pay penalty which shall be deducted by the paying bank from the payment. The penalty, however, shall not exceed [**]% of the total value of the goods involved in the late delivery. The rate of penalty is charged at [**]% for every seven days, a delay for more than 4 days (including 4 days) is counted as one complete week. In case the Seller fails to make delivery ten weeks later than the time of shipment stipulated in the Contract, the Buyer shall have the right to cancel the Contract, and the Seller, in spite of the cancellation, shall still pay the aforesaid penalty to the Buyer without delay. This penalty shall be Seller’s exclusive liability for delay under this Contract or otherwise. Confidential Portions of this Exhibit marked as [**] have been omitted pursuant to a request for confidential treatment and have been filed separately with the Securities and Exchange Commission. Confidential Treatment Requested by American Superconductor Corporation
Late Delivery and Penalty. In case of delayed delivery, except for force majeure cases, the Seller shall pay to the Buyer for every week of delay a penalty amounting to 0.3% of the total value of the goods whose delivery has been delayed. Any fractional part of a week is to be considered a full week. The total amount of penalty shall not, however, exceed 3% of the total of the goods involved in late delivery and is to be deducted from the amount due to the Seller by the paying bank at the time of negotiation, or by the Buyer direct at the time of payment, in case the period of delay exceeds 3 weeks after the stipulated delivery date the Buyer have the right to terminate this contract but the Seller shall not thereby be exempted from the payment of penalty.
Late Delivery and Penalty. In case of delayed delivery of any shipment, starting from the fourth week of delay and should the Seller fail to make the announcement of readiness for dispatch on time as stipulated in the Contract, with Confidential Treatment Requested by American Superconductor Corporation exception of Force Majeure causes specified in this Contract the Seller agrees to pay penalty which shall be deducted by the paying bank from the payment. The penalty, however, shall not exceed [**]% of the total value of the goods involved in the late delivery. The rate of penalty is charged at [**]% for every seven days, a delay for more than 4 days (including 4 days) is counted as one complete week. In case the Seller fails to make delivery ten weeks later than the time of shipment stipulated in the Contract, the Buyer shall have the right to cancel the Contract, and the Seller, in spite of the cancellation, shall still pay the aforesaid penalty to the Buyer without delay. This penalty shall be Seller’s exclusive liability for delay under this Contract or otherwise.
