Delivery and Acceptance Obligations Clause Samples

Delivery and Acceptance Obligations. (i) During the Initial Operating Period, Seller shall deliver to Purchaser and Purchaser shall accept all Coke Tonnage, except for Nonconforming Coke Tonnage that is rejected by Purchaser pursuant to Section 5.1(b)(iii). Seller will also provide to Purchaser, on the first business day of each Week, a nonbinding projection of (x) the duration of the Initial Operating Period, (y) Coke production for such Week, and (z) Coke production for each subsequent Week remaining in the Initial Operating Period. (ii) Following the Initial Operating Period and throughout the balance of the Term, Seller shall deliver to Purchaser and Purchaser shall accept all Coke Tonnage (subject to Seller’s obligations in respect of the Coke Supply Obligation), except for Nonconforming Coke Tonnage that is rejected by Purchaser pursuant to Section 5.1(b)(v).
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Delivery and Acceptance Obligations. Subject to Article 7, from and after the Commercial Operation Date, on each Day (seven Days per Week), WCC shall supply and deliver to Fulcrum at the Delivery Point, and Fulcrum shall accept at the Delivery Point the quantities of Feedstock specified in the Instructions.
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Delivery and Acceptance Obligations. (i) From September 1, 2009 through December 31, 2009, Seller shall deliver to Purchaser and Purchaser shall accept approximately thirteen thousand five hundred (13,500) Tons of Coke per Month, except for Nonconforming Coke Tonnage that is rejected by Purchaser pursuant to Section 5.1(b)(iii). (ii) From January 1, 2010 throughout the balance of the Term, Seller shall deliver to Purchaser and Purchaser shall accept all Coke Tonnage pursuant to Section 6.2, except for Nonconforming Coke Tonnage that is rejected by Purchaser pursuant to Section 5.1(b)(iii).
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Delivery and Acceptance Obligations. 4.1 With business customers, delivery and completion deadlines shall only be binding if their content is assured as a ‘binding delivery deadline’. All other details of delivery deadlines are merely non- binding estimates. 4.2 Where the start of performance or performance itself is delayed or interrupted for circumstances for which the customer is responsible, in particular due to a breach of duties to cooperate in accordance with Clause 13 of these T&Cs, or agreed advance payments have not been made or agreed material orders have not occurred in good time, performance deadlines shall be correspondingly extended and agreed completion deadlines put pack accordingly. 4.3 Deadlines and periods shall be put back in the event of force majeure, strikes, or unforeseen delays by DigiTrans suppliers beyond the control of DigiTrans or other comparable events for which DigiTrans is not responsible for the duration of the corresponding event. The right of both parties to terminate the contract in the event of delays making commitment to the contract unreasonable shall remain unaffected by this. 4.4 In the event of delayed performance by DigiTrans, the customer shall be entitled to terminate the contract once an appropriate grace period has been set. Grace periods shall be set in writing (by business customers by means of registered letter) with the simultaneous threat of termination. 4.5 Minor changes to performance reasonably and objectively justified for the customer by DigiTrans shall be regarded as approved in advance. With consumers in the sense of the Austrian Consumer Protection Act, this right shall only apply if negotiated on a case-by-case basis. 4.6 Objectively justified partial deliveries and performance shall be permitted and may be invoiced separately. 4.7 Deviations from the ordered quantity up to +/- 10% shall be permitted. 4.8 DigiTrans is not obliged to accept follow-up orders. This is also expressly not the case if moulds, tools and equipment of the customer are still in the possession of DigiTrans or DigiTrans is still holding them.
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Related to Delivery and Acceptance Obligations

  • Delivery and Acceptance All Software provided hereunder will be delivered electronically. We provide trial licenses of the Software for testing and pre-acceptance before purchase and therefore, delivery is deemed complete and accepted when such Software is made available to you. You are responsible for downloading, installing, registering, or otherwise using the Software.

  • ACKNOWLEDGEMENT AND ACCEPTANCE I acknowledge receipt of this User Agreement. I understand and accept all terms and conditions of this User Agreement, and I will comply with the terms and conditions of this agreement and any additional VA warning banners, directives, handbooks, notices, or directions regarding access to or use of information systems or information. The terms and conditions of this document do not supersede the terms and conditions of the signatory’s employer and VA.

  • Inspection and Acceptance Where the Master Agreement, a Participating Addendum, or an Order does not otherwise specify a process for inspection and Acceptance, this section governs. This section is not intended to limit rights and remedies under the applicable commercial code. Contractor shall provide right of access to the Lead State, or to any other authorized agent or official of the Lead State or other Participating or Purchasing Entity, at reasonable times, in order to monitor and evaluate performance, compliance, and quality assurance requirements under this Master Agreement. Upon delivery, the Purchasing Entity shall have 30 days to inspect. Products that do not meet specifications may be rejected. Failure to reject upon receipt, however, does not relieve the contractor of liability for material (nonconformity that substantially impairs value) latent or hidden defects subsequently revealed when goods are put to use. Acceptance of such goods may be revoked in accordance with the provisions of the applicable commercial code, and the Contractor is liable for any resulting expense incurred by the Purchasing Entity related to the preparation and shipping of Product rejected and returned, or for which Acceptance is revoked. If any services do not conform to contract requirements, the Purchasing Entity may require the Contractor to perform the services again in conformity with contract requirements, at no increase in Order amount. When defects cannot be corrected by re-performance, the Purchasing Entity may require the Contractor to take necessary action to ensure that future performance conforms to contract requirements; and reduce the contract price to reflect the reduced value of services performed. The warranty period shall begin upon Acceptance. The Purchasing Entity will make every effort to notify the Contractor, within thirty (30) calendar days following delivery, of non-acceptance of a Product or completion of Service. In the event that the Contractor has not been notified within 30 calendar days from delivery of Product or completion of Service, the Product and Services will be deemed accepted on the 31st day after delivery of Product or completion of Services. This clause shall not be applicable, if acceptance testing and corresponding terms have been mutually agreed to by both parties in writing. Acceptance Testing may be explicitly set out in a Master Agreement to ensure conformance to an explicit standard of performance. Acceptance Testing means the process set forth in the Master Agreement for ascertaining that the Product meets the standard of performance prior to Acceptance by the Purchasing Entity. If Acceptance Testing is prescribed, this subsection applies to applicable Products purchased under this Master Agreement, including any additional, replacement, or substitute Product(s) and any Product(s) which are modified by or with the written approval of Contractor after Acceptance by the Purchasing Entity. The Acceptance Testing period shall be thirty (30) calendar days or other time period identified in this Master Agreement or the Participating Addendum, starting from the day after the Product is delivered or, if installed, the day after the Product is installed and Contractor certifies that the Product is ready for Acceptance Testing. If the Product does not meet the standard of performance during the initial period of Acceptance Testing, Purchasing Entity may, at its discretion, continue Acceptance Testing on a day-to-day basis until the standard of performance is met. Upon rejection, the Contractor will have fifteen (15) calendar days to cure the standard of performance issue(s). If after the cure period, the Product still has not met the standard of performance, the Purchasing Entity may, at its option: (a) declare Contractor to be in breach and terminate the Order; (b) demand replacement Product from Contractor at no additional cost to Purchasing Entity; or, (c) continue the cure period for an additional time period agreed upon by the Purchasing Entity and the Contractor. Contractor shall pay all costs related to the preparation and shipping of Product returned pursuant to the section. No Product shall be deemed Accepted and no charges shall be paid until the standard of performance is met. The warranty period shall begin upon Acceptance.

  • Electronic Delivery and Acceptance The Company may, in its sole discretion, decide to deliver any documents related to current or future participation in the Plan by electronic means. The Participant hereby consents to receive such documents by electronic delivery and agrees to participate in the Plan through an on-line or electronic system established and maintained by the Company or a third party designated by the Company.

  • Inspection and Acceptance of Commodities The services provided by Contractor are not anticipated to include the provision of commodities. In the event commodities are offered under this contract, these provisions shall apply.