Default in delivery Sample Clauses

Default in delivery. 4.1 If the Supplier fails to make delivery, fails to make delivery in sufficient form or quantity or fails to deliver within the agreed delivery period or if the Supplier is in default, our rights – in particular, our rights to rescission and damages – shall be based on the statutory regulations. The provision in No. 4.2 below remains unaffected. 4.2 If the Supplier is in default, we may – in addition to any further statutory claims – demand liquidated damages equal to 1% of the net price per completed calendar week, but in aggregate not more than 5% of the net price of the goods delivered late. We reserve the right to prove that we actually incurred no damage at all or substantially lesser damage. 4.3 If, following our order, the Supplier establishes that it may supply the ordered Goods only at a higher price, and/or with a longer delivery period, the Supplier may withdraw from the contract for delivery. In such case, the Supplier must compensate us for the difference between its price and the price charged by the substitute supplier, plus any other costs incurred by us for such substitute delivery. We reserve any other, additional claims.

Default in delivery. If Patheon fails to deliver the ordered Product (a) free of Defects (subject to Sections 6.2.4 and 6.3), (b) at the agreed place of delivery, (c) at the quantity of the Product ordered pursuant to the Firm Order (subject to Section 4.3.1), (d) within the Delivery Date, provided that (i) the delay was not caused by breach by Nycomed any of its obligations hereunder, and (ii) the delay was not caused by circumstances beyond the control of Patheon as stipulated in Article 17, without prejudice to any other rights or claims Nycomed may have hereunder or under the law, including, without limitation, claims for documented damages exceeding the penalty amount, Nycomed shall, only after having granted Patheon with a grace period of [***] Business Days and within said [***] Business Days Patheon have failed to remedy the default, have the right to demand from Patheon a penalty payment, of [***] per commence day of the delay of the Firm Order value. Any such payment of penalty shall be credited against the ensuing Firm Order.

Default in delivery. In the event Orderer incurs damage due to any default for which we are responsible, Orderer shall be entitled to demand default compensation. For each full week of ▇▇- ▇▇▇, such default compensation shall amount to a maximum of 0.5%, however, in to- tal, to no more than a maximum of 5% of the value of the parts not delivered in due time. Any damage beyond such amount shall only be compensated in the events set out in Section X hereof.

Default in delivery. 5.1 If the Supplier does not meet the delivery date specified in the individual order or rolling delivery call-off, the Supplier shall be obliged to indemnify HELLA for any damage caused by the delayed delivery, unless the Supplier can demonstrate that it is not responsible for the delay. If the delivery is a fixed-date purchase, HELLA’s right to demand said delivery shall only expire if HELLA does not assert its right within a period of 30 days after the delivery date. 5.2 In addition if the Supplier has failed to deliver within a last period set by HELLA, or if HELLA is no longer interested in the delivery at a later date, HELLA shall be entitled to cancel the respective order and to receive compensation instead of performance of the delivery. Any possible claims by HELLA for compensation for damage caused by the delay shall remain unaffected by this. If the Supplier is repeatedly in default of delivery, HELLA shall be entitled, after serving the Supplier a warning letter without success, to cancel with immediate effect any orders which at that point in time have not yet been delivered.

Default in delivery. Where a Trading Clearing Participant, in respect of a Novated Contract, fails to deliver Securities to the Clearing House by the due settlement day and in the manner as prescribed under the Exchange Rules, the Clearing House may: (a) in the case of securities sold in board lots (as defined in the Exchange Rules) (“Board Lot Securities”), institute buying-in against the Trading Clearing Participant concerned in accordance with Rule 5.2A; or (b) resort to any other mode of making good the default in delivery by the Trading Clearing Participants pursuant to the relevant Exchange Rules or in any other manner as it considers appropriate in the circumstances.

Default in delivery. 7.1 In the event of a default in delivery, Edgetech shall be required to pay an overall default compensation equivalent to 1% of the (net) value of the delivery for each week of default, however with a maximum of 5% of the (net) value of the delivery. 7.2 Possible claims for compensation of a damage caused by default in excess of this overall default compensation and all other statutory claims and rights of the customer because of default in delivery shall remain unaffected. These latter claims and rights shall be subject to the restrictions as set out in No. 12 below.

Default in delivery. Where a Trading Clearing Participant, in respect of a Novated Contract, fails to deliver securities Securities to the Clearing House by the due settlement day date and in the manner as prescribed under the Exchange Rules, the Clearing House may: (a) in the case of sSecurities sold in board lots (as defined in the Exchange Rules) (―Board Lot Securities‖), advise the Exchange to institute buying-in against the Trading Clearing Participant concerned on the Market Day following the due date to the Clearing House in accordance with Rule 5.2Athe Exchange Rules; or (b) resort to any other mode of making good the default in delivery by the Trading Clearing Participants pursuant to the relevant Exchange Rules or in any other manner as it considers appropriate in the circumstances.