Supplier’s Delay Sample Clauses

Supplier’s Delay. If the Supplier is delayed at any time during the progress of the Work and/or the Deliverables by the neglect or failure of the Purchaser or by a cause described below, then the time for completion and/or affected delivery date(s) shall be extended by the Supplier subject to the following conditions: (a) the cause of the delay arises after the notice of award and neither was nor could have been anticipated by the Supplier by reasonable investigation before such award; (b) the Supplier demonstrates to the Purchaser that the completion of the Work and/or affected Deliverables will be actually and necessarily delayed; (c) the effect of such cause cannot be avoided or mitigated by the exercise of all reasonable precautions, efforts and measures whether before or after the occurrence of the cause of delay; and (d) the Supplier makes written request and provides other information to the Purchaser as described in section 10.02. A delay that meets all of the conditions of this section shall be deemed an excusable delay. Any concurrent delay that does not constitute an excusable delay shall not be the sole basis for denying a request hereunder. None of the above shall relieve the Supplier of any liability for the payment of any liquidated damages owing from a failure to complete the Work by the specified time for completion that the Supplier is required to make pursuant to Article 11 (Liquidated Damages) for delays occurring prior to, or subsequent to the occurrence of an excusable delay. The Purchaser reserves the right to rescind or shorten any extension previously granted if, subsequently, the Purchaser determines that any information provided by the Supplier in support of a request for an extension of time was erroneous provided that such information or facts, if known, would have resulted in a denial of the request for an excusable delay. Notwithstanding the above, the Purchasers will not rescind or shorten any extension previously granted if the Supplier acted in reliance upon the granting of such extension and such extension was based on information which, although later found to have been erroneous, was submitted in good faith by the Supplier.

Supplier’s Delay. 10.1. ▇▇ ▇▇▇▇ for reasons attributable to it, fails to complete the Services by the agreed time, the Purchaser may by notice in writing to ▇▇▇▇ fix a reasonable final period for completing the Services, which shall not be less than one week. ▇▇ ▇▇▇▇ for reasons attributable to ▇▇▇▇ fails to fulfil its obligations within such final period, the Purchaser may terminate the Contract by notice in writing to ▇▇▇▇ and may itself carry out or employ a reasonably skilled third party to carry out the necessary work. 10.2. Where such work has been undertaken by the Purchaser or a third party pursuant to Clause 10.1., ▇▇▇▇ shall reimburse the reasonable costs thereof incurred by the Purchaser as well as any remuneration already paid by the Purchaser to ▇▇▇▇ pursuant to Clause 5.1. related to such part of the Services which proved to be of no benefit to the Purchaser, the aforementioned payments being in full settlement of ▇▇▇▇’▇ obligations with regard to the failure to complete the Services by the agreed time.

Supplier’s Delay. 12.1 If de livery of the Goods has not taken place within the agreed time of delivery or it is obvious that such a delay will occur, Purchaser has the right to terminate according to Art. 13.1 or uphold the Purchase Order. Purchaser is always entitled to terminate according to Art. 13.1 if maximum penalty according to Art. 12.2 is reached or it is obvious that the delay will result in maximum penalty. 12.2 Purchaser is entitled to claim a penalty for delay if the delay is not caused by Purchaser or by someone it is responsible for or delivery has been prevented by Force Majeure. Unless other- wise agreed in writing this penalty shall be 0,75% of the Price per day for the duration of the delay limited to 15% of the Price. 12.3 Supplier is obliged to reduce the extent and consequences of any possible delay. 12.4 Purchaser can chose between penalties according to Art. 12.2 or compensation in full if the delay or the consequences of the delay is caused by faults or omissions by Supplier or by someone it is responsible for.

Supplier’s Delay. 9.1 If delivery of the Goods is delayed, Supplier shall pay a penalty to Purchaser. The percentage penalty for not meeting the delivery date shall be 0.35 % of the Price per calendar day. Supplier's cumulative liability for penalty under this Article is, however, limited to 20% of the Price. 9.2 Purchaser may in addition claim damages for delays according to law.

Supplier’s Delay. 13.1 In the event that the delivery of the Goods, whether partially or in whole, is delayed beyond the delivery time specified in the Purchase Order, Supplier will be automatically in default (in Dutch: verzuim) without a formal notice of default (in Dutch: ingebrekestelling) being required. If delivery of the Goods has not taken place within the agreed time of delivery or it is obvious that such a delay will occur, Buyer has the right to terminate according to Art. 14.1 or uphold the Purchase Order. ▇▇▇▇▇ is always entitled to terminate according to Art. 14.1 if maximum penalty according to Art. 13.2 is reached or it is obvious that the delay will result in maximum penalty. 13.2 In addition to its rights under the law, ▇▇▇▇▇ is entitled to claim a penalty for delay if the delay is not caused by Buyer or by someone it is responsible for or delivery has been prevented by Force Majeure. Unless other- wise agreed in writing this penalty shall be 0,75% of the Price per day for the duration of the delay limited to 15% of the Price, which fine is immediately due and payable, notwithstanding Buyer’s rights to claim the actual damage incurred from Supplier. Article 6:92 of the Dutch Civil Code does not apply. 13.3 Supplier is obliged to reduce the extent and consequences of any possible delay.

Supplier’s Delay. 12.1 If delivery of the Goods has not taken place within the agreed time of delivery 12.2 is reached or it is obvious that the delay will result in maximum penalty. 12.2 Buyer is entitled to claim a penalty for delay if the delay is not caused by Buyer or by someone it is responsible for or delivery has been prevented by Force Majeure. Unless other- wise agreed in writing this penalty shall be 0,75% of the Price per day for the duration of the delay limited to 15% of the Price. 12.3 Supplier is obliged to reduce the extent and consequences of any possible delay. 12.4 Buyer can chose between penalty according to Art. 12.2 or compensation in full if the delay or the consequences of the delay is caused by faults or omissions by Supplier or by someone it is responsible for.

Supplier’s Delay