Liquidated Damages for Late Delivery. (a) The Parties acknowledge and agree that failure to meet the Delivery Dates will cause substantial financial loss or damage being sustained by the other Party. The Parties further acknowledge and agree that the following liquidated damages are believed to represent a genuine estimate of the loss that would be suffered by Customer by reason of any such delay (which losses would be difficult or impossible to calculate with certainty), and are neither intended as a penalty nor operate as a penalty.
Liquidated Damages for Late Delivery. (a) Should Supplier fail to make a timely delivery of any Work in accordance with this Purchase Order’s delivery schedule, then Flyer shall be entitled to receive, and Supplier shall pay, compensation in the form of liquidated damages and not as a penalty.
Liquidated Damages for Late Delivery. SP acknowledges that the above Performance Schedule above is critical and material to performance of this SOW and for the avoidance of substantial loss to GE, and that SP’s unexcused failure to meet the Performance Schedule without GE’s written consent may lead to the application of liquidated damages as specified in this Section. In the event that any performance is delayed beyond the Performance Schedule due to any causes not expressly excused by the terms of the MSA, SP shall pay to GE the following, as liquidated damages, and not as a penalty, a sum equal to Insert formula here – e.g. the following portion of the SOW total price for each full <choose week/day> of delay in delivery (up to a maximum of _______ % of the SOW total price): < _______% / $_______ > for the first_______ <choose weeks/days>, <_______ % / $_______ > for the following_______<choose weeks/days>, and <_______ % / $_______ > for all remaining <choose weeks/days> <choose percentage or flat amount; use flat amount if price is not definite when entering into SOW>. 2.
Liquidated Damages for Late Delivery. For the first 3 calendar days beyond the agreed upon delivery date, the manufacturer will pay to the seller as liquidated damages the sum of 0.3%/per day of purchase order total (not to include taxes, freight and shipping costs). After the first 3 calendar days liquidated damages shall increase to the sum of O.5%/per day of the purchase order total (not to include taxes, freight and shipping costs). If the Seller does not pay in accordance to the purchase order terms, Manufacturer will not incur any late fees. Seller agrees to the same penalty terms as manufacturer regarding late payment subject to the terms in Purchase Order.
Liquidated Damages for Late Delivery. (A) Contractor understands that delays in Delivery of Satellites required herein may cause Purchaser to incur additional cost, loss of revenues and other damages, which damages are difficult to estimate but the Parties acknowledge are likely to be significant. Accordingly, the Parties agree to fixed and liquidated damages for late Delivery of Satellites which damages are intended to be compensatory, not a penalty and are in lieu of actual damages incurred by the Purchaser.
Liquidated Damages for Late Delivery. For any delays in receipt of SERVICES or GOODS beyond seven (7) calendar days, the COMPANY will be entitled to recover from the CONTRACTOR a Liquidated Damages for an amount of One percent (1%) of the total value of the PO, for each day of delay. The maximum Liquidated Damages shall not exceed Ten percent (10%) of the PO value. In the event the delay exceeds the numbers of days allowable herein, the COMPANY shall have the right to:
Liquidated Damages for Late Delivery. 10.1 Time is of the essence as to performance of the Services. If performance dates cannot be met Company shall be entitled to cancel the Service Order without liability to the Contractor, to acquire substitute Services from elsewhere and to hold the Contractor accountable for any loss and additional costs incurred.
Liquidated Damages for Late Delivery. For any delays in commencement of works or completion of works or delivery of Goods beyond the requirement date (completion date or delivery date) stipulated in this order or agreed by COMPANY, COMPANY will be entitled to recover from the Vendor 0.1% of the total amount of the order for each day of delay until actual commencemetn of works or acceptance of works or Goods. Liquidated damages are limited to a maximum amount of ten (10) percent of the total amount of the order.
Liquidated Damages for Late Delivery. There are two schools of thoughts concerning the use of liquidated damages in the case of late delivery. The “business people” generally dislike liquidated damages because they provide an easy and obvious remedy for the customer for late deliveries which might not cause the customer any actual damage (and, accordingly, claims which the customer might not choose to otherwise pursue if it had to prove its damages). Business people may also think that a liquidated damages remedy might cause the parties to dwell on “pointing fingers” as to the cause of the late delivery in order to provide for/defend against the applicability of the liquidated damages clause which tends to distract the parties from their long-term relationship. Attorneys, however, often prefer the inclusion of a pre-negotiated measure of damages to the uncertainty of having a third party determine a party’s damages. Where liquidated damages are the “sole remedy” for a delayed delivery, liquidated damages can be a very effective limitation of liability. The parties should consider the following when drafting a late-delivery damages clause:
Liquidated Damages for Late Delivery. (a) Should Supplier fail to make a timely delivery of any Work in accordance with this Purchase Order’s delivery schedule, then FLYER DEFENSE, LLC PURCHASE ORDER GENERAL TERMS AND CONDITIONS (REVISED: JANUARY 1, 2021) Flyer shall be entitled to receive, and Supplier shall pay, compensation in the form of liquidated damages and not as a penalty.
