Common use of Partial Supply Clause in Contracts

Partial Supply. To accept the products, in whole or in part, from other sources in order to make up the deficiency, and to charge the Supplier for any additional financial expense that the Company shall incur due thereto, and the Supplier will be required to pay for any such expense immediately upon demand. A monetary fine – in the event of failure to timely supply the products, in whole or in part, the Company will be, in addition to the aforesaid, entitled to a monetary fine as liquidated damages (a penalty), and without derogating from the Company's right to claim the direct and indirect damage caused to the Company as a result of any delay, as follows: A delay of up to two weeks – a fine in the sum of 0.25% of the value of the Order will be imposed for each day of delay. A delay of more than two weeks and up to four (4) weeks – a fine in the sum of 0.5% of the value of the Order will be imposed for each day of delay. A delay of more than four (4) weeks – a fine in the sum of 1% will be imposed for each day of delay, up to a ceiling of 20% of the value of the Order. The Supplier will supply the Order in full, including all of the products stated in the Order, not later than upon the date of supply stated in the Order. The Supplier will not be entitled to make partial supply of the products, unless under special circumstances and subject to a prior written approval by the Company to such partial supply. In case of partial supply without the Company’s prior confirmation as aforesaid, the Supplier will be prohibited from unloading the Products in the Company’s site, and the such Products sent back with its carrier, and all expenses entailed in such reverse delivery shall be borne by Supplier or, alternatively, payment for the partial supply shall be executed only following the complete supply of the Products, at the Company’s sole discretion.

Appears in 2 contracts

Sources: Supply Agreement, Supply Agreement