Cancellation by Purchaser. The Purchaser shall be entitled to cancel the Order at any time, whether for cause or not, by giving the Vendor written notice as to all or any part of the goods not delivered or services not performed prior to receipt by the Purchaser of said goods or services. Where goods are standard manufactured items, the Purchaser's only obligation shall be to pay for the goods delivered to the Purchaser and services performed by the Vendor prior to receipt by the Vendor of the notice of cancellation. Where goods are specifically manufactured for the Purchaser, the Vendor, upon receipt of such written notice of cancellation from the Purchaser, shall cease performance under the Order, unless otherwise directed by the Purchaser, and the Purchaser shall pay the Vendor an amount equal to: (a) all reasonable costs for materials and labour which the Vendor has actually expended or is irrevocably committed to pay directly connected with the goods in question; plus (b) unavoidable actual direct costs reasonably incurred by the Vendor in stopping its performance under the Order; less (c) all payments already made to the Vendor by the Purchaser. The Vendor will provide all documentation necessary to substantiate the amount claimed. If the total of the payments already made to the Vendor by the Purchaser exceeds the amounts claimed and substantiated by the Vendor as approved by the Purchaser, acting reasonably, the Vendor will forthwith return the excess to the Purchaser. All warranties provided in respect of the Order with respect to goods which are delivered to and services which are provided to the Purchaser prior to cancellation shall survive the cancellation of the Order.
Appears in 2 contracts
Sources: General Conditions of Purchase, General Conditions of Purchase
Cancellation by Purchaser. The Purchaser shall be entitled to cancel the Order at any time, whether for cause or not, by giving the Vendor written notice as to all or any part of the goods not delivered or services not performed prior to receipt by the Purchaser of said notice. As to goods or services. Where goods and/or services that are standard manufactured items, the Purchaser's only obligation shall be to pay for the goods delivered to or services performed for the Purchaser and services performed by the Vendor prior to receipt by the Vendor of the notice of cancellation. Where As to goods are specifically manufactured for the Purchaser, the Vendor, upon receipt of such written notice of cancellation from the Purchaser, shall cease performance under the Order, unless otherwise directed by the Purchaser, and the . The Purchaser shall pay the Vendor an amount equal topay:
(a) all reasonable costs for materials and labour which the Vendor has actually expended or is irrevocably committed to pay directly connected with the goods in question; plusOrder;
(b) unavoidable actual direct costs reasonably incurred by the Vendor in stopping its performance under the Order; lessand
(c) all Less progress payments already made to made. Upon receipt and approval of the Vendor by the Purchaser. The Vendor will provide all documentation necessary to substantiate the amount claimed. If Vendor’s fully substantiated claim, provided however, if the total of the aforesaid progress payments already made to the Vendor by the Purchaser exceeds the amounts claimed and substantiated by the Vendor as approved by the Purchaser, acting reasonablyclaimed, the Vendor will forthwith return the excess to the Purchaser. All warranties provided contained in respect of the Order with respect to goods components of equipment which are have been fabricated and delivered to and services which the Purchaser, or are provided to the Purchaser prior to cancellation be delivered, shall survive the cancellation of the Order. All other warranties shall become void upon cancellation of the Order.
Appears in 1 contract
Sources: General Conditions of Purchase