Common use of Default by Supplier Clause in Contracts

Default by Supplier. 18.1 If the Supplier defaults in the performance of its obligations under the Agreement, including its obligations under any Order, dormakaba may give notice to it to remedy the default specifying details of the default. 18.2 The Supplier is required to notify dormakaba without delay in writing if any circumstances occur or become evident which would suggest that the contractually agreed deadlines for delivery of Goods or provision of Service cannot be met. If dormakaba accepts a delayed delivery or service provided by the Supplier without reservation, this does not constitute a waiver of any other claims which dormakaba may assert due to the delayed delivery or service. 18.3 If the Supplier is unable to supply the Goods or provide the Services or has otherwise delivered Goods or Services that do not comply with the relevant Order or these Terms and Conditions (including any Special Conditions), or if the Supplier fails to remedy a default notified to it by dormakaba within five (5) Working Days, the provisions of clause 22 shall apply. 18.4 If the Supplier fails to remedy the default, dormakaba may, in particular, claim damages and/or suspend or terminate the Order or this Agreement (in whole or in part). The Supplier will be liable for damages for any losses, costs, or expenses reasonably incurred by dormakaba as a direct result of the Supplier default, including, but not limited to, additional expenses incurred in procuring substitute Goods or Services. 18.5 Suspension of payment will not affect the continuing obligations of the Supplier under the Agreement, including its obligations under any Order, and will be without prejudice to any other rights that dormakaba may have against the Supplier as a result of the default.

Default by Supplier. 18.1 If the Supplier defaults in the performance of its obligations under the this Agreement, including its obligations under any Order, dormakaba may give notice to it to remedy the default specifying details of the default. 18.2 The Supplier is required to notify dormakaba without delay in writing if any circumstances occur or become evident which would suggest that the contractually agreed deadlines for delivery of Goods or provision of Service cannot be met. If dormakaba accepts a delayed delivery or service provided by the Supplier without reservation, this does not constitute a waiver of any other claims which dormakaba may assert due to the delayed delivery or service. 18.3 If the Supplier is unable to supply the Goods or provide the Services or has otherwise delivered Goods or Services that do not comply with the relevant Order or these Terms and Conditions (including any Special Conditions), or if the Supplier fails to remedy a the default notified to it by dormakaba within five (5) Working 5 Business Days, dormakaba may suspend payment under this Agreement for the provisions of clause 22 shall apply.particular Goods and Services to which the default relates until the default has been remedied 18.4 If the Supplier fails to remedy the defaultdefault within the notice period, dormakaba will be entitled to full statutory claims. dormakaba may, in particular, claim damages in lieu of performance and/or suspend or terminate withdraw from the Order or this Agreement (in whole or in part)contract. The Supplier will be liable for damages for any losses (including direct, indirect and consequential losses), costs, or expenses reasonably incurred by dormakaba as a direct result of the Supplier default, including, but not limited to, additional expenses incurred in procuring substitute Goods or Services. 18.5 If the Supplier is in default, dormakaba will also be entitled to liquidated damages amounting to 0.1% of the value of the Order for the delayed service and/or delivery for each full day of delay, but not exceeding 5% of the value of the Order for the delayed delivery or service. The liquidated damages can also be claimed up to 14 calendar days after receipt of the service without reference to such a reservation being necessary. The liquidated damages will be deducted from the total default loss which has been asserted. 18.6 Suspension of payment will not affect the continuing obligations of the Supplier under the this Agreement, including its obligations under any Order, and will be without prejudice to any other rights that dormakaba may have against the Supplier as a result of the default.