DELAYED ORDERS Clause Samples

DELAYED ORDERS. If an order is delayed at Purchaser’s request beyond the original shipping date, PPI will, at PPI’s option for the first three months of delay: A. Store the transformers at a PPI location and charge the customer 1.0% per month or part thereof of the price of the transformers up to a maximum of 3 months, OR B. Store the transformers at the customer’s location and charge the customer .75% per month or part thereof of the price of the transformers up to a maximum of 3 months. For delays beyond 3 months, the charge per month will double for up to a maximum of 6 months. At the end of the 6 month period, units will be will be released for shipment, shipped and/or invoiced per the order. These charges would apply to transformers already built or in the production cycle (8 weeks prior to original ship date) at the time of the requested delay. For units delayed that are not yet in the production cycle a 2% charge per line item will apply plus escalation in accordance with the contract. If the contract does not contain an applicable escalation clause, an additional 2% per quarter escalation will apply to the end of the contract period. If the delay extends beyond the contract period, an additional 2% per quarter escalation will apply. In no case should delays extend beyond 3 months of the contract period without PPI’s prior approval. Purchaser will not be invoiced until the units are released for shipment. Invoices will show the above charges as separate items.
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DELAYED ORDERS. Any request for delay in delivery of Product or in commencement of Service must be provided by Buyer to Seller in writing and shall be effective only upon receipt and written and express acceptance by Seller. Buyer may not request Seller delay delivery of Product or Service less than thirty (30) calendar days prior to the scheduled shipment date of a Product, or less than fifteen (15) calendar days prior to the commencement of the Service. Buyer may not postpone a scheduled shipment of Product or commencement of Service to a date more than three (3) months from the originally scheduled shipment or commencement date, and any attempt to do so shall be deemed a cancellation of the order pertaining to such shipment of Product or Service and Seller shall be entitled to pursue all legal remedies including without limitation lost profits. Purchase orders accepted by Seller may not be cancelled within the term of thirty (30) days before the date of scheduled delivery of Product or commencement of Service. Purchase orders for Products that are custom designed, modified or special products not listed on a published Seller price list may not be cancelled.
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DELAYED ORDERS. Any request for delay in delivery of Product or in commencement of Service must be provided by Buyer to Seller in writing and shall be effective only upon receipt and written and express acceptance by Seller. Buyer may not request Seller delay delivery of Product or Service less than thirty (30) calendar days prior to the scheduled shipment date of a Product, or less than fifteen (15) calendar days prior to the commencement of the Service. Buyer may not postpone a scheduled shipment of Product or commencement of Service to a date more than three (3) months from the originally scheduled shipment or commencement date, and any attempt to do so shall be deemed a cancellation of the order pertaining to such shipment of Product or Service and Seller shall be entitled to pursue all legal remedies including without limitation lost profits. Purchase orders accepted by Seller may not be cancelled within the term of thirty (30) days before the date of scheduled delivery of Product or commencement of Service. Purchase orders for Products that are custom designed, modified or special products not listed on a published Seller price list may not be cancelled. 10. ÓRDENES DEMORADAS. Toda solicitud ▇▇ ▇▇▇▇▇▇ en la entrega del Producto o en el inicio del Servicio debe ser entregada por el Comprador al Vendedor por escrito y será válida sólo luego de la recepción y aceptación expresa y escrita del Vendedor. El Comprador no podrá solicitar al Vendedor ▇▇ ▇▇▇▇▇▇ en la entrega de un Producto o comienzo de un Servicio con menos de treinta (30) ▇▇▇▇ corridos de anticipación a la fecha de envío programado de un Producto o quince (15) ▇▇▇▇ corridos de anticipación a la fecha de inicio del Servicio. El Comprador no podrá demorar el envío programado de un Producto o el inicio de un Servicio a una fecha posterior al plazo de tres (3) meses luego de la fecha original de envío del Producto o comienzo del Servicio, y todo intento de hacerlo se considerará una cancelación de la orden de dicha entrega de Producto o Servicio, y el Vendedor podrá ejercer todos los derechos o recursos legales, incluyendo entre otros, reclamos por lucro cesante. Las órdenes de compra aceptadas por el Vendedor no podrán cancelarse dentro del plazo de treinta (30) ▇▇▇▇ anterior a la fecha de entrega programada del Producto o de inicio del Servicio. No podrán cancelarse las órdenes de compra de Productos que tienen un diseño personalizado, se encuentran modificados, son especiales o no están incluidos en una list...
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DELAYED ORDERS. Any request for delay in delivery of Product or in commencement of service must be in writing and shall be effective only upon receipt by Seller. Buyer may not request Seller delay delivery of Product or service less than thirty (30) days prior to the scheduled shipment date of a Product, or less than fifteen (15) days prior to the commencement of the service. Buyer may not postpone a scheduled shipment of Product or commencement of service to a date more than three (3) months from the originally scheduled shipment or commencement date, and any attempt to do so shall be deemed a cancellation of the order pertaining to such shipment of Product or service and Seller shall be entitled to pursue all legal remedies including without limitation lost profits. Buyer hereby acknowledges and agrees that the measure of Seller's damages for non-acceptance or repudiation as set forth in section 2-708(1) of the Uniform Commercial Code (however numbered in the applicable state statute) is inadequate to put Seller in as good a position as performance would have done and that, therefore, Seller's remedy for an order deemed to have been canceled under this section (Delayed Orders) shall include the profit Seller would have made had it actually delivered the Product to or performed the service for Buyer. Purchase Orders accepted by Seller may not be canceled within thirty (30) days of the scheduled delivery date. Purchase Orders for Custom Product may not be canceled.
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DELAYED ORDERS. Any request for a delay in the delivery of Products or the commencement of services must be in writing and shall be effective only upon receipt by ▇▇▇▇▇. OEM Customer shall not request Zebra to delay a delivery of Products or services less than thirty (30) days prior to the scheduled shipment date of the Products or less than fifteen (15) days prior to the commencement of the services. OEM Customer shall not postpone a scheduled shipment of Products or commencement of services to a date more than three (3) months from the originally scheduled shipment or commencement date, and any attempt to do so shall be deemed a cancellation of the Order pertaining to such shipment of Products or commencement of services and Zebra shall be entitled to pursue all legal remedies including, without limitation, lost profits. OEM Customer hereby acknowledges and agrees that the measure of ▇▇▇▇▇’s damages for OEM Customer’s non-acceptance or repudiation as set forth in Section 2-708(1) of the Uniform Commercial Code (however numbered in the applicable state statute) is inadequate to put Zebra in as good a position as performance would have done and that, therefore, ▇▇▇▇▇’s remedy for an Order deemed to have been canceled under this Section 3.0 (Delayed Orders) shall include, without limitation, the profit Zebra would have made had it actually delivered the Products to or performed the services for OEM Customer. Orders accepted by Zebra may not be canceled within thirty (30) days of the scheduled delivery date. Orders for Custom Products may not be canceled.
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Related to DELAYED ORDERS

  • Field Orders The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above).

  • Field Order A written order issued by Engineer which requires minor changes in the Work but does not change the Construction Contract Price or the Construction Contract Times.

  • Delayed Delivery Contracts If the Prospectus provides for sales of Offered Securities pursuant to Delayed Delivery Contracts, the Company hereby authorizes the Underwriters to solicit offers to purchase Contract Securities on the terms and subject to the conditions set forth in the Prospectus pursuant to Delayed Delivery Contracts. Delayed Delivery Contracts may be entered into only with institutional investors approved by the Company of the types set forth in the Prospectus. On the Closing Date, the Company will pay to the Manager as compensation for the accounts of the Underwriters the commission set forth in the Underwriting Agreement in respect of the Contract Securities. The Underwriters will not have any responsibility in respect of the validity or the performance of any Delayed Delivery Contracts. If the Company executes and delivers Delayed Delivery Contracts with institutional investors, the aggregate amount of Offered Securities to be purchased by the several Underwriters shall be reduced by the aggregate amount of Contract Securities; such reduction shall be applied to the commitment of each Underwriter pro rata in proportion to the amount of Offered Securities set forth opposite such Underwriter's name in the Underwriting Agreement, except to the extent that the Manager determines that such reduction shall be applied in other proportions and so advises the Company; provided, however, that the total amount of Offered Securities to be purchased by all Underwriters shall be the aggregate amount set forth above, less the aggregate amount of Contract Securities.

  • Payment of Checks, Drafts and Orders Subject to Section 9.5, the Assuming Institution agrees to pay all properly drawn checks, drafts and withdrawal orders of depositors of the Failed Bank presented for payment, whether drawn on the check or draft forms provided by the Failed Bank or by the Assuming Institution, to the extent that the Deposit balances to the credit of the respective makers or drawers assumed by the Assuming Institution under this Agreement are sufficient to permit the payment thereof, and in all other respects to discharge, in the usual course of conducting a banking business, the duties and obligations of the Failed Bank with respect to the Deposit balances due and owing to the depositors of the Failed Bank assumed by the Assuming Institution under this Agreement.

  • Forecasts and Orders 7.7.1. Not less than [*] prior to the first day of each Calendar Quarter (commencing with the first Calendar Quarter in which IMMEDICA orders Product from the LICENSOR hereunder), IMMEDICA shall prepare and provide the LICENSOR with a written forecast of its good faith estimated requirements for Product for each of [*] (each a “Forecast”). IMMEDICA shall not increase or decrease the quantity estimated for [*] of each Forecast from the quantity estimated for such periods in the previous Forecast. The quantities estimated for all subsequent Calendar Quarters of each Forecast shall be non-binding, and for planning purposes only. By way of example, if IMMEDICA issues a forecast on [*], [*] shall be binding on the Parties and the forecasts for [*] shall not be binding on the Parties. In addition, IMMEDICA will provide on a country-by-country basis its good faith estimated number of patients to be treated in the Forecast for the purposes of LICENSOR providing dosimetric doses of the Product. LICENSOR will supply dosimetric doses based on such Forecast of the Product in a manner it reasonably believes most efficient, provided however, it will ensure that dosimetric doses are supplied to all identified patients in accordance with the terms of this Agreement. Therapeutic doses of the Product will be supplied on a per patient basis pursuant to the terms of this Agreement. 7.7.2. The LICENSOR shall be required to supply the quantity of Product ordered by IMMEDICA under this Section 7.7 in any Calendar Quarter up to the quantity forecasted for the [*] of the most recent Forecast in a manner that is reasonably practical given the nature of the Product. If IMMEDICA’s orders in any Calendar Quarter exceed the quantity forecasted for the [*] of the most recent Forecast, the LICENSOR shall use commercially reasonable efforts to supply such excess. The LICENSOR shall use commercially reasonable efforts to meet IMMEDICA’s delivery requirements specified in accordance with Section 7.7.3. In the event of a shortfall, the LICENSOR shall promptly inform IMMEDICA and use Commercially Reasonable Efforts to apportion Product among IMMEDICA, the LICENSOR, and its other customers on a [*] according to their respective forecasts for the relevant period provided always that such forecasts were proposed in good faith. The LICENSOR shall not give priority of supply to its requirements or its licensees requirements for the Product outside the Territory. 7.7.3. IMMEDICA shall make all purchases under this Section 7.7 by submitting firm purchase orders to the LICENSOR. On a [*] basis, IMMEDICA shall submit such purchase order in writing in a form reasonably acceptable to the LICENSOR, and shall specify the quantity of Product ordered, the place of delivery and the required delivery date therefor, which shall not be less than [*] from after the date of such purchase order. On a continual basis, IMMEDICA shall inform LICENSOR as soon as practical of identified potential patient and when a dosimetric dose of Product has been administered. Except as otherwise expressly provided in this Agreement, the LICENSOR shall be paid for its supply of the Product via the royalty paid by IMMEDICA under Section 6.1.3. 7.7.4. During the Term of this Agreement, to the extent that IMMEDICA orders a quantity of Product that is less than the quantity specified in the binding [*] of the Forecasts provided under Section 7.7.1, IMMEDICA shall refund LICENSOR’s wasted out-of pocket costs of buying iodine 131 and/or reserving non- cancellable manufacturing slots to manufacture Product that was not subsequently ordered, subject to the provision by LICENSOR of appropoirate evidence of such costs and to the extent that such iodine 131 or such manufacturing slots cannot be reused or cancelled by LICENSOR.