Common use of Late Delivery Clause in Contracts

Late Delivery. ‌ Supplier hereby acknowledges and agrees that failure to deliver the Product ordered in strict accordance with the agreed upon delivery schedule determined in accordance with this Section shall constitute a material breach of this Contract resulting in damages to the ordering Authorized User, the total sum of which would be impracticable or difficult to ascertain as of the Effective Date of this Contract. As an estimate of the minimum amount of damages such Authorized User will suffer, Supplier agrees to credit the Authorized User an amount equal to one-half percent (.05%) of the total purchase price, for each day that the Product is undelivered or nonoperational for a period of thirty (30) days following the agreed upon delivery date, or if none specified, following the date order or SOW was received by Supplier. If the delay lasts longer than thirty