Common use of DEFAULT AND CANCELLATION Clause in Contracts

DEFAULT AND CANCELLATION. 6.1 If the supplier breaches any term of the contract then, at the sole option of the Council, and without prejudice to any other remedy or right, the Council may: (a) If the term relates to goods, reject the goods in whole or in part and return the goods to the supplier at the supplier's risk and expense including the cost of packing, transporting, insuring and handling the rejected goods and the supplier must immediately reimburse the Council for any monies paid in respect of the returned goods; (b) If the term relates to goods, require the supplier to replace, repair, reinstate or re-supply the goods at the supplier's expense so that they conform to the contract or may have the goods replaced, repaired or re-supplied by another person and recover the cost of doing so from the supplier; (c) If the term relates to services, require the supplier to perform the services again to the required standard at the supplier's expense or may have the services re-supplied by another person and recover the cost of doing so from the supplier; (d) If the term relates to health and safety, immediately terminate (or suspend supplier’s performance of) this contract in whole or in part and/or any order by written notice to supplier; (e) and/or suspend payment for the goods and/or services until the breach has been remedied to the Council’s reasonable satisfaction. Any contract suspension is not to the Council ’s financial account. 6.2 The Council may terminate the contract or cancel any order effective immediately if the supplier breaches any provision of the contract and fails to remedy the breach within 10 days of giving written notice to the supplier specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 by the supplier may be deemed as breach of the contract whether or not the Council elects to accept the goods and/or services in question. 6.3 The Council may, by written notice to the supplier, terminate the contract or cancel any order immediately if the supplier becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993. 6.4 The Council may terminate this contract by giving the supplier 10 days written notice. In the event that the Council does so, this contract will terminate and any outstanding orders at the end of the period of notice will be deemed cancelled. 6.5 Subject to the Council’s rights of deduction or set-off, the Council will pay the supplier for any goods and/or services validly provided up to the date of termination. 6.6 No failure or delay on the part of the Council to exercise any of its rights in respect of any default by the supplier will prejudice the Council's rights in connection with that default or any subsequent default. 6.7 Termination of the contract and/or cancellation of an order does not affect any responsibilities which are intended to continue or come into effect after the contract terminates.

DEFAULT AND CANCELLATION. 6.1 8.1 If the supplier Supplier breaches any term of the contract then, warranties contained in clause 7.1 or any other terms of the Terms of Purchase then at the sole option of the Council, Council and without prejudice to any other remedy or right, the Council may: (a) If the term relates to goods, Council may reject the goods Goods in whole or in part and return the goods Goods to the supplier Supplier at the supplier's Supplier’s risk and expense including (but not limited to) the cost of packing, transportingtransportation, insuring insurance and handling the rejected goods Goods and the supplier Supplier must immediately reimburse the Council for any monies paid in respect of the returned goods;; or (b) If the term relates to goods, Council may require the supplier Supplier to replace, repair, or reinstate or re-supply the goods Goods at the supplier's Supplier’s expense so that they conform to the contract Terms of Purchase; or may have the goods Goods replaced, repaired or re-supplied by another person and recover the cost of doing so from the supplier;Supplier; or (c) the Council may suspend payment for the Goods until the breach has been remedied. 8.2 If the term relates Supplier breaches any of the warranties contained in clause 7.3 or any other terms of the Terms of Purchase then at the sole option of the Council and without prejudice to services, any other remedy or right: (a) the Council may require the supplier Supplier to perform the services Services again to the required standard at the supplier's Supplier’s expense or may have the services Services re-supplied by another person and recover the cost of doing so from the supplier;Supplier; or (db) If the term relates to health and safety, immediately terminate (or suspend supplier’s performance of) this contract in whole or in part and/or any order by written notice to supplier; (e) and/or Council may suspend payment for the goods and/or services Services until the breach has been remedied to the Council’s reasonable satisfaction. Any contract suspension is not to the Council ’s financial accountremedied. 6.2 8.3 The Council may terminate the contract Terms of Purchase or cancel any order effective immediately Order on 30 days’ notice if the supplier breaches Supplier has breached any provision terms of the contract Terms of Purchase and fails failed to remedy the breach within 10 seven working days of giving after written notice has been given to the supplier Supplier specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 any warranty by the supplier may Supplier can be deemed treated by the Council as breach of the contract Terms of Purchase whether or not the Council elects to accept the goods and/or services in questionGoods or Services. 6.3 8.4 The Council may, by written notice to the supplier, Supplier terminate the contract Terms of Purchase or cancel any order Order immediately if the supplier Supplier becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993. 6.4 The Council may terminate this contract by giving the supplier 10 days written notice. In the event that the Council does so, this contract will terminate and any outstanding orders at the end of the period of notice will be deemed cancelled. 6.5 Subject to the Council’s rights of deduction or set-off, the Council will pay the supplier for any goods and/or services validly provided up to the date of termination. 6.6 8.5 No failure or delay on the part of the Council to exercise any of its rights in respect of any default under the Terms of Purchase by the supplier Supplier will prejudice the Council's ’s rights in connection with that default or any subsequent default. 6.7 8.6 If the Terms of Purchase is terminated or any Order is cancelled the Supplier will return to the Council all payments made. However, if upon cancellation the Council elects to keep or take any Goods it will pay for them but otherwise no compensation will be payable to the Supplier. 8.7 Termination of the contract and/or Terms of Purchase or cancellation of an order Order does not affect any responsibilities which are intended to continue or come into effect after under the contract terminates.Terms of Purchase. 9

DEFAULT AND CANCELLATION. 6.1 If the supplier Supplier breaches any term of the contract Contract then, at the sole option of the Council, and without prejudice to any other remedy or right, the Council may: (a) If the term relates to goodsGoods, reject the goods Goods in whole or in part and return the goods Goods to the supplier Supplier at the supplierSupplier's risk and expense including the cost of packing, transporting, insuring and handling the rejected goods Goods and the supplier Supplier must immediately reimburse the Council for any monies paid in respect of the returned goodsGoods; (b) If the term relates to goodsGoods, require the supplier Supplier to replace, repair, reinstate or re-supply the goods Goods at the supplierSupplier's expense so that they conform to the contract Contract or may have the goods Goods replaced, repaired or re-supplied by another person and recover the cost of doing so from the supplierSupplier; (c) If the term relates to servicesServices, require the supplier Supplier to perform the services Services again to the required standard at the supplierSupplier's expense or may have the services Services re-supplied by another person and recover the cost of doing so from the supplier;Supplier; and/or (d) If the term relates to health and safety, immediately terminate (or suspend supplier’s performance of) this contract in whole or in part and/or any order by written notice to supplier; (e) and/or suspend payment for the goods Goods and/or services Services until the breach has been remedied to the Council’s Councils reasonable satisfaction. Any contract suspension is not to the Council ’s financial account. 6.2 The Council may terminate the contract Contract or cancel any order Order effective immediately if the supplier Supplier breaches any provision of the contract Contract and fails to remedy the breach within 10 days Days of giving written notice to the supplier Supplier specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 by the supplier Supplier may be deemed as breach of the contract Contract whether or not the Council elects to accept the goods Goods and/or services Services in question. 6.3 The Council may, by written notice to the supplierSupplier, terminate the contract Contract or cancel any order Order immediately if the supplier Supplier becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993. 6.4 The Council may terminate this contract Contract by giving the supplier Supplier 10 days Days written notice. In the event that the Council does so, this contract Contract will terminate and any outstanding orders Orders at the end of the period of notice will be deemed cancelled. 6.5 Subject to the Council’s rights of deduction or set-off, the Council will pay the supplier Supplier for any goods Goods and/or services Services validly provided up to the date of termination. 6.6 No failure or delay on the part of the Council to exercise any of its rights in respect of any default by the supplier Supplier will prejudice the Council's ’s rights in connection with that default or any subsequent default. 6.7 Termination of the contract Contract and/or cancellation of an order Order does not affect any responsibilities which are intended to continue or come into effect after the contract Contract terminates.

DEFAULT AND CANCELLATION. 6.1 If the supplier Supplier breaches any term of the contract Contract then, at the sole option of the CouncilCouncil Organisation, and without prejudice to any other remedy or right, the Council Organisation may: (a) If the term relates to goodsGoods, reject the goods Goods in whole or in part and return the goods Goods to the supplier Supplier at the supplierSupplier's risk and expense including the cost of packing, transporting, insuring and handling the rejected goods Goods and the supplier Supplier must immediately reimburse the Council Organisation for any monies paid in respect of the returned goodsGoods; (b) If the term relates to goodsGoods, require the supplier Supplier to replace, repair, reinstate or re-supply the goods Goods at the supplierSupplier's expense so that they conform to the contract Contract or may have the goods Goods replaced, repaired or re-supplied by another person and recover the cost of doing so from the supplierSupplier; (c) If the term relates to servicesServices, require the supplier Supplier to perform the services Services again to the required standard at the supplierSupplier's expense or may have the services Services re-supplied by another person and recover the cost of doing so from the supplierSupplier; (d) If the term relates to health and safety, immediately terminate (or suspend supplierSupplier’s performance of) this contract Contract in whole or in part and/or any order Order by written notice to supplierSupplier; (e) and/or suspend payment for the goods Goods and/or services Services until the breach has been remedied to the CouncilCouncil Organisation’s reasonable satisfaction. Any contract suspension is not to the Council Organisation’s financial account. 6.2 The Council Organisation may terminate the contract Contract or cancel any order Order effective immediately if the supplier Supplier breaches any provision of the contract Contract and fails to remedy the breach within 10 days Days of giving written notice to the supplier Supplier specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 by the supplier Supplier may be deemed as breach of the contract Contract whether or not the Council Organisation elects to accept the goods Goods and/or services Services in question. 6.3 The Council Organisation may, by written notice to the supplierSupplier, terminate the contract Contract or cancel any order Order immediately if the supplier Supplier becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993. 6.4 The Council Organisation may terminate this contract Contract by giving the supplier Supplier 10 days Days written notice. In the event that the Council Organisation does so, this contract Contract will terminate and any outstanding orders Orders at the end of the period of notice will be deemed cancelled. 6.5 Subject to the CouncilCouncil Organisation’s rights of deduction or set-off, the Council Organisation will pay the supplier Supplier for any goods Goods and/or services Services validly provided up to the date of termination. 6.6 No failure or delay on the part of the Council Organisation to exercise any of its rights in respect of any default by the supplier Supplier will prejudice the CouncilCouncil Organisation's rights in connection with that default or any subsequent default. 6.7 Termination of the contract Contract and/or cancellation of an order Order does not affect any responsibilities which are intended to continue or come into effect after the contract Contract terminates.

DEFAULT AND CANCELLATION. 6.1 8.1 If the supplier Supplier breaches any term of the contract then, warranties contained in clause 7.1 or any other terms of the Contract then at the sole option of the Council, Council and without prejudice to any other remedy or right, the Council may: (a) If the term relates to goods, Council may reject the goods Goods in whole or in part and return the goods Goods to the supplier Supplier at the supplier's Supplier’s risk and expense including (but not limited to) the cost of packing, transportingtransportation, insuring insurance and handling the rejected goods Goods and the supplier Supplier must immediately reimburse the Council for any monies paid in respect of the returned goods;; or (b) If the term relates to goods, Council may require the supplier Supplier to replace, repair, or reinstate or re-supply the goods Goods at the supplier's Supplier’s expense so that they conform to the contract Contract; or may have the goods Goods replaced, repaired or re-supplied by another person and recover the cost of doing so from the supplier;Supplier; or (c) the Council may suspend payment for the Goods until the breach has been remedied. 8.2 If the term relates Supplier breaches any of the warranties contained in clause 7.3 or any other terms of the Contract then at the sole option of the Council and without prejudice to services, any other remedy or right: (a) the Council may require the supplier Supplier to perform the services Services again to the required standard at the supplier's Supplier’s expense or may have the services Services re-supplied by another person and recover the cost of doing so from the supplier;Supplier; or (db) If the term relates to health and safety, immediately terminate (or suspend supplier’s performance of) this contract in whole or in part and/or any order by written notice to supplier; (e) and/or Council may suspend payment for the goods and/or services Services until the breach has been remedied to the Council’s reasonable satisfaction. Any contract suspension is not to the Council ’s financial accountremedied. 6.2 8.3 The Council may terminate the contract Contract or cancel any order effective immediately Order on 30 days’ notice if the supplier breaches Supplier has breached any provision terms of the contract Contract and fails failed to remedy the breach within 10 days of giving seven Working Days after written notice has been given to the supplier Supplier specifying the breach and requiring it to be remedied. Breach of clause 5 and/or 12 any warranty by the supplier may Supplier can be deemed treated by the Council as breach of the contract Contract whether or not the Council elects to accept the goods and/or services in questionGoods or Services. 6.3 8.4 The Council may, by written notice to the supplier, Supplier terminate the contract Contract or cancel any order Order immediately if the supplier Supplier becomes bankrupt, ceases to carry on business, goes into liquidation, becomes insolvent, appoints a receiver or enters into a formal proposal for a compromise with its creditors under the Companies Act 1993. 6.4 The Council may terminate this contract by giving the supplier 10 days written notice. In the event that the Council does so, this contract will terminate and any outstanding orders at the end of the period of notice will be deemed cancelled. 6.5 Subject to the Council’s rights of deduction or set-off, the Council will pay the supplier for any goods and/or services validly provided up to the date of termination. 6.6 8.5 No failure or delay on the part of the Council to exercise any of its rights in respect of any default under the Contract by the supplier Supplier will prejudice the Council's ’s rights in connection with that default or any subsequent default. 6.7 8.6 If the Contract is terminated or any Order is cancelled the Supplier will return to the Council all payments made. However, if upon cancellation the Council elects to keep or take any Goods it will pay for them but otherwise no compensation will be payable to the Supplier. 8.7 Termination of the contract and/or Contract or cancellation of an order Order does not affect any responsibilities which are intended to continue or come into effect after under the contract terminatesContract.