Time and Delivery. Because Xxxxx’s business and operations are in part dependent on receipt of the Products that are the subject of this Agreement, timely delivery of the Products is essential to the performance of Seller’s obligations hereunder. Unless otherwise specified on the face of this Agreement, terms of delivery of the Products are F.O.B. destination with freight prepaid. Deliveries shall be made at the times and of the quantities specified on the face of this Agreement, and Seller shall not, without the written consent of Buyer, make shipments in advance of such schedule. Buyer may order expedited routing in place of scheduled routing, if necessary to meet schedule or recover time lost by any delay, in which event any excess transportation costs shall be paid by Seller. Buyer may postpone delivery of any Products covered hereby. Overshipments may be returned by Buyer at Seller's expense or retained by Xxxxx at no increase in price. Seller shall not make any commitment or production arrangements in excess of the amounts, or in advance of the time, necessary to meet Xxxxx’s delivery schedule for Products.
Time and Delivery. 7.1 Servent shall use reasonable endeavours to provide the Services in accordance with any timescales which may be detailed in a framework agreement document or Statement of Work. However, for the avoidance of doubt, time shall not be of the essence in the delivery of Services.
Time and Delivery. 8.1. The times and dates stated in the Purchase Order for delivery or completion (including any extension of such time or date granted in writing by COUNCIL) shall be binding and are of the essence.
Time and Delivery. 4.1 Where time and/or sequence for delivery and performance by the Company is specified such provision shall be of the essence of the Contract.
Time and Delivery. Time shall be of the essence. Unless otherwise agreed in writing Seller shall deliver on the proposed schedule. If a mutually agreed extension is arrived at for the final delivery date, the Buyer will document any such changes to the original order.
Time and Delivery. Delivery times are given as an indication for each order and constitute for ECOCUP an obligation of means. Delivery delays do not entail any cancellation or change of the contract. They shall not give rise to damages or penalties. Deliveries are only made according to availability and in which orders are received. The Customer authorises ECOCUP to make deliveries in whole or in part. The Products are received by handing them over to the Customer or his agent by the carrier at the address indicated by the Customer. Upon receipt by the Customer of the Products and without delay, the Customer undertakes:
Time and Delivery. The Supplier shall deliver Goods to the place stated in the Order (and in accordance with any additional instructions included with the Order by Relay) or such other place of delivery as is specified by Relay in writing prior to delivery. If no such date is stated, within 28 days of the date of the Order. The Supplier shall complete Services and associated deliverables by the dates specified in the Order (and in accordance with any additional instructions included with the Order by Relay). Time is of the essence with regards to delivery or completion dates stated in the Order. In the event of non- compliance with delivery or completion dates, Relay reserves the right to cancel the Order or any part of it and the Supplier shall be liable for any damages, costs or loss suffered or incurred by Relay by reason of non-delivery or non-completion by the due date. Relay reserves the right to apply liquidated damages and all associated costs for each week or part of the week for any delay to the due delivery or completion dates. Neither Relay or the Supplier shall be under any liability for failure to perform any obligation under the Contract to the extent that the performance is prevented, frustrated, hindered or delayed by war, insurrection, riot, fire, floods, strikes, lock- outs or Government intervention or any cause reasonably beyond the control which by its nature could not have been foreseen by such the party or if it could have been foreseen was unavoidable of the Supplier or Relay. Notice of any force majeure claim must be given promptly and confirmed in writing by the party intending to rely on it.
Time and Delivery. DEGUSSA agrees and acknowledge that time is of the essence in this AGREEMENT, and it is accordingly contemplated between the parties that delivery of the CREATINE shall occur at the latest by June 15., 2003. If CREATINE conforming to the SPECIFICATIONS has not been delivered to AVICENA on or before the date, AVICENA shall have the option, but not the obligation, to terminate this AGREEMENT with no liability to DEGUSSA, and DEGUSSA shall be deemed to be in material breach of this AGREEMENT, and DEGUSSA shall immediately refund to AVICENA all amounts paid to DEGUSSA by AVICENA pursuant to the terms of this AGREEMENT.
Time and Delivery. 12.1 The Hirer must deliver the Equipment to the Place for Delivery at the Time for Delivery. The Hirer must give the Principal’s Representative at least 48 hours notice of the time at which the Hirer intends to deliver the Equipment. The Time for Delivery is of the essence of this Contract.
Time and Delivery. (a) The Supplier must deliver the Goods to Krannich Solar at the Point of Delivery on the Date for Delivery during the Delivery Hours (Date of Delivery). The Date for Delivery is of the essence in the Order.
