DELIVERY AND FORCE MAJEURE. Unless otherwise specified in writing, and subject to Paragraph 17, Seller shall deliver the goods to the destination and in a manner specified by Buyer. Time of delivery or performance is of the essence, and Xxxxx's stated delivery or performance date and the date for performance of any other obligation of Seller, shall not be extended or excused for any reason, including anything that Seller cannot control, except as provided in the following sentence. Seller shall not be liable for any non-performance or delay in performance that is caused solely by a riot, war, insurrection or act of God or public enemy, if Xxxxxx immediately notifies Buyer of the event and gives Buyer a detailed description of the non-performance or delay that it will cause. Buyer shall then have the right to terminate the Contract by giving Seller written notice of termination. The provisions of Paragraph 12 shall apply to any such termination by Buyer. Except as provided in this paragraph, no event or circumstance shall limit Seller’s liability for any non- performance or delay, even if the event or circumstance is beyond Seller’s control.
DELIVERY AND FORCE MAJEURE. Delivery dates are estimates only. Seller shall not be liable for any total or partial failure to deliver or for any delay in delivery or production due to causes beyond its control, including but not limited to acts of God, acts of Buyer, war or civil unrest, priorities, fires, strikes, natural disasters, delays in transportation, or inability to obtain necessary labor or raw materials. Seller shall not be liable in any event for any costs, including but not limited to direct, special, indirect or consequential damages on account of failure or delay in delivery regardless of the cause.
DELIVERY AND FORCE MAJEURE. 17.1. Time is of the essence in the fulfillment of all the terms of this Purchase Order. The whole of the material and work shall be fully delivered and/or otherwise completed by the date or dates specified on this Purchase Order. However, Buyer expressly reserves the right to have Seller postpone delivery of goods covered by this for a reasonable period of time, without additional compensation being paid by Buyer to Seller. Seller shall be responsible for any delays associated with untimely delivery. Seller must notify Buyer in writing if delivery schedule will not be met.
DELIVERY AND FORCE MAJEURE. Shipping dates are estimates only, and Seller in no way guarantees that ordered goods will be shipped in accordance with estimated shipping schedules. Under no circumstances shall Seller be liable for any loss, damage or delay due to any cause beyond its reasonable control, including but not limited to acts of government, strikes, lockouts, other labor disputes, fire, explosion, theft, weather damage, flood, earthquake, riot, civil commotion, war, malicious mischief or act of God. If delivery is thus delayed for more than 120 days, either Buyer or Seller may (by notice) cancel an order without liability therefore with respect to any goods remaining undelivered, provided that the remaining provisions of this contract shall remain unaffected.
DELIVERY AND FORCE MAJEURE. (a) The Seller shall not be liable or responsible in any way for failure to deliver Goods on the date of delivery requested by the Buyer. Without limiting the generality of the foregoing, the Seller shall not be liable for incidental or consequential damages arising out of or in connection with any failure of any Goods to be delivered on the date requested by the Buyer.
DELIVERY AND FORCE MAJEURE. Delivery is offered subject to the following conditions:
DELIVERY AND FORCE MAJEURE. Autotote shall strictly comply with the delivery terms provided in art. 4.5. Sisal shall provide EIS and Autotote with three (3) months rolling forecasts of shipments. All parties shall strictly comply with such shipment requirements. Autotote shall not be liable for any delay in performance or for non- performance, in whole or in part, caused by the occurrence of any contingency beyond the control of Autotote, including, but not limited to, acts of God, and non performance by Sisal of any of its obligations under the present Agreement.
DELIVERY AND FORCE MAJEURE. Shipping dates are based upon receipt of all necessary information. AMTROL reserves the right to make delivery in installments, unless otherwise expressly stipulated in the contract for sale; and all such information, when separately invoiced, shall be paid for when due per invoice, without regard for subsequent deliveries. Delay in delivery of any installment shall not relieve Purchaser of its obligations to accept remaining deliveries. Claims for shortages or other errors must be made in writing to AMTROL within thirty (30) days after receipt of shipment, and failure to give such notice shall constitute unqualified acceptance and a waiver of all such claims by Purchaser. Neither of the parties will be liable for a failure to perform its obligations hereunder (excluding, however, obligations to pay money) caused by: strikes or other labor disturbances; inability to obtain equipment, parts, materials or supplies; acts of governments or of agencies thereof; fires; storms, floods or other natural disasters; machinery breakdowns; failure of utilities; war; embargoes; civil disturbances; acts of God; or any other cause not reasonably within the control of the affected party and not the result of its fault. In the event of product or supply shortages, AMTROL reserves the right to allocate equitably, taking into account contractual commitments.
DELIVERY AND FORCE MAJEURE. The delivery period begins with the date of the Order Confirmation. The place of delivery is defined by the agreed Incoterm. The Seller will inform the Buyer of foreseeable delays in delivery. The Seller is freed of its obligation by any event beyond his reasonable control which prevents or delays delivery of the Goods such as lack of raw materials and other indispensable supplies, machine breakdowns or lack of motor power, labour problems, lack of means of transport (the “Force Majeure Event”). The Seller is responsible for notifying the Buyer of the existence of, and reasons for, any temporary delay or his complete inability to supply due to a Force Majeure Event. If the non-performance is only temporary, performance of the Contract will be suspended. If, however, its duration exceeds consecutive fourteen (14) calendar days, either Party has the right to terminate the Contract without compensation. If, at the time the Force Majeure Event arises, the Seller has already produced part of the Order, the Buyer is obliged to take delivery of the quantity made under the conditions already agreed.
DELIVERY AND FORCE MAJEURE a) Products shall be delivered at the place designated by the seller and shall be delivered in accordance with CIP (Incoterms 2000).
