Supplier's breach of contract Sample Clauses

Supplier's breach of contract. 13.1 A defect will be deemed to exist if the Products are not suitable for the use warranted by the Supplier or do not possess such properties, are not of such quality or do not operate in such a manner or meet any such requirements as the Customer may reasonably expect on the basis of the Contract.
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Supplier's breach of contract. The Customer may after a written notice terminate the Contract, if the Supplier fails to fulfill its obligations under the Contract. In the event of a substantial breach the Customer may immediately and without a pri- or written notice terminate the contract. The following situations are considered a substantial breach (including but not limited to): o The Equipment and/or the Supplier's services under the Contract fail to comply with the Customer's specifications and requirements and/or applicable law de- spite of the Supplier's receipt of a written notice from the Customer, o The Equipment and/or the services delivered under the Contract by the Supplier does not meet the description of how the Supplier will accommodate the Cus- tomer's minimum requirements and evaluation criteria as set out in the tender response, o Despite the fact that the Supplier has received several written notices from the Customer the Supplier still does not fulfill its obligations under the Contract, o The Supplier's bankruptcy, suspension of payments, receivership, significantly impaired financial situation (see the Danish Bankruptcy Act, Chapter 7). o The Supplier's dissolution or other circumstances that can pose a serious risk to the Supplier's ability to fulfil its obligations under the Contract, o The Supplier's professional indemnity and/or liability insurances ceases, o If the Supplier repeatedly fails to apply with the guaranteed availability and thus makes it particularly difficult for the Customer to use the Equipment for production and causes inconvenience to the Customer's patients, o If it turns out that the Supplier (e.g. in connection with the tender response) has submitted incorrect and/or incomplete information that has or has had a significant impact on the Customer, including the outcome of the tender.
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Supplier's breach of contract. 7.1 If the Supplier has any default in the Purchase Contract, including but not limited to:
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Supplier's breach of contract. Late delivery Supplier’s information duty If the Supplier fails to observe an agreed date of delivery or anticipates that an agreed date of delivery cannot be observed, the Supplier must immediately inform the Customer of the earliest possible alternative date of deli­very. Liquidated damages If the Supplier fails to make delivery on the date of delivery initially agreed upon, the Customer will be entitled to liquidated damages in the amount of 2 % (two) of the Product Price for each commenced week of delay, subject to a maximum of 10 % (ten) percent of the Product Price. Accrued liquidated damages are payable weekly after the occurrence of a delay, subject to a written claim from the Customer. Customer’s additional remedies In addition to clause 12.1.2, the general rules and remedies of Danish law for delayed delivery or non-delivery apply, but see clauses 14 and 15. However, if the agreed Acceptance Date is exceeded by more than 3 (three) months, the Supplier will be deemed to be in material breach of Contract entitling the Customer to immediately terminate the Contract, in whole or in part, at its option. Defects A defect will be deemed to exist if the deliverables are not suitable for the use warranted by the Supplier or do not possess such properties, are not of such quality or do not operate in such a manner or meet any such requirements as the Customer may reasonably expect on the basis of the Contract. Remedying of defects The Supplier must remedy any defects in deliverables covered by the maintenance obligation in clause 10 in accordance with the provisions therein. As far as other deliverables are concerned, the Supplier must remedy any defect notified by the Customer within the warranty period, which notification must be in writing, be given without undue delay after the defect has been detected and contain a description of the defect. On receipt of such written notification of defect, the Supplier must confirm receipt within 2 (two) Working Days and remedy the defect without undue delay at its own expense. Proportionate reduction The general rules of Danish law in respect of proportionate reduction apply. Rejection of deliveries The Customer is entitled to return incorrect and/or defective deliveries at the Supplier’s expense. If the Supplier is able to prove that a defect is caused by the Customer, the Supplier will be entitled to a refund of all costs incurred in connection with the remedying of such defect.
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Supplier's breach of contract 
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Related to Supplier's breach of contract

  • Breach of Contract The failure of the Contractor to comply with any of the provisions, covenants or conditions of this Contract shall be a material breach of this Contract. In such event the County may, and in addition to any other remedies available at law, in equity, or otherwise specified in this Contract:

  • NO BREACH OF CONTRACT The Executive hereby represents to the Company that: (i) the execution and delivery of this Agreement by the Executive and the performance by the Executive of the Executive’s duties hereunder shall not constitute a breach of, or otherwise contravene, the terms of any other agreement or policy to which the Executive is a party or otherwise bound, except for agreements entered into by and between the Executive and any member of the Group pursuant to applicable law, if any; (ii) that the Executive has no information (including, without limitation, confidential information and trade secrets) relating to any other person or entity which would prevent, or be violated by, the Executive entering into this Agreement or carrying out his duties hereunder; (iii) that the Executive is not bound by any confidentiality, trade secret or similar agreement (other than this) with any other person or entity except for other member(s) of the Group, as the case may be.

  • Liability for Breach of Contract 1. Any Party who violates the provisions of this Agreement and makes all or part of this Agreement unenforceable, shall be liable for breach of contract and shall compensate the other Party for the losses caused thereby (including the litigation fees and attorney fees caused thereby). If both Parties breach this Agreement, each shall bear the corresponding responsibility according to the actual situations.

  • Liabilities for Breach of Contract If any Party to this Agreement fails to, according to the provisions of this Agreement, appropriately and fully perform its obligations, such Party shall be liable for breach of contract. Any damages and costs incurred by the non-breaching Party, due to a breach of contract by the breaching Party, shall be paid by the breaching Party to the non-breaching Party.

  • Damages for Breach of Contract In the event of a breach of this Agreement by either the Corporation, Bank or the Executive resulting in damages to another party to this Agreement, that party may recover from the party breaching the Agreement only those damages as set forth herein. In no event shall any party be entitled to the recovery of attorney's fees or costs.

  • Breach of Agreement Failure by the party to comply with or perform any agreement or obligation (other than an obligation to make any payment under this Agreement or delivery under Section 2(a)(i) or 2(e) or to give notice of a Termination Event or any agreement or obligation under Section 4(a)(i), 4(a)(iii) or 4(d)) to be complied with or performed by the party in accordance with this Agreement if such failure is not remedied on or before the thirtieth day after notice of such failure is given to the party;

  • No Breach of Material Contracts The Target has performed all of the material obligations required to be performed by it and is entitled to all benefits under, and is not alleged to be in default in respect of any contract, except where the failure to so perform or the failure to be entitled to all benefits or such default would not have a Material Adverse Effect on Target. Each of the Material Contracts is in full force and effect, and there exists no default or event of default or event, occurrence, condition or act, with respect to Target or to Target's knowledge with respect to the other contracting party, or otherwise that, with or without the giving of notice, the lapse of the time or the happening of any other event or conditions, could reasonably be expected to (A) become a default or event of default under any Material Contract, which default or event of default could reasonably be expected to have a Material Adverse Effect on Target or (B) result in the loss or expiration of any material right or option by Target (or the gain thereof by any third party) under any Material Contract or (C) result in the release, disclosure or delivery to any third party of any part of the Source Materials (as defined in Section 2.26(m)). True, correct and complete copies of all Material Contracts have been made available or delivered to the Acquiror.

  • Breach of Covenant The Borrower breaches any material covenant or other term or condition of the Subscription Agreement or this Note in any material respect and such breach, if subject to cure, continues for a period of ten (10) business days after written notice to the Borrower from the Holder.

  • Breach of Warranty Any representation or warranty made at any time by any of the Loan Parties herein or by any of the Loan Parties in any other Loan Document, or in any certificate, other instrument or statement furnished pursuant to the provisions hereof or thereof, shall prove to have been false or misleading in any material respect as of the time it was made or furnished;

  • Breach of Agreements Licensee fails to perform in accordance with any of the material terms and conditions contained herein in any material respect.

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