Common use of Delivery Delay Clause in Contracts

Delivery Delay. The delivery time is specified in the Offer sent by the Seller to the Purchaser. All products will be shipped Free on Board (FOB) origin from Seller’s premises and may be so shipped in several lots. Delivery shall be made in accordance with the International Commercial Terms (Incoterms) in force at the formation of the Contract. The agreed delivery term shall begin provided: (i) the Contract has been concluded and any letters of credit, advance payments or sureties required in terms of the order confirmation have 2 been put in place by the purchaser; and (ii) Seller is in possession of all the details required for the execution of the order; and (iii) the Purchaser has fulfilled any other contractual obligations incumbent on it. Time is not of the essence in the sale contemplated by the Contract and the Seller shall be entitled to a reasonable period of grace in the event of any delay in delivery beyond the scheduled shipping date. The happening of any contingency beyond Seller’s control shall not constitute cause for cancellation of the order but shall extend Seller’s time of delivery for a period equal to the duration of such contingency. Seller shall in no way be liable (i) for any loss of profit, business, contracts, revenues, or anticipated savings, arising from any delay in delivery, or (ii) for any special indirect or consequential damage of any nature whatsoever, arising from any delay in delivery.

Delivery Delay. The delivery time is specified in the Offer sent by the Seller to the Purchaser. All products will be shipped Free on Board (FOB) origin F.O.B. from Seller’s 's premises and may be so shipped in several lots. Delivery shall be made in accordance with the International Commercial Terms (Incoterms) in force at the formation of the Contract. The agreed delivery term shall begin provided: (i) the Contract has been concluded and any letters of credit, advance payments or sureties required in terms of the order confirmation have 2 been put in place by the purchaser; and (ii) Seller is in possession of all the details required for the execution of the order; and (iii) the Purchaser has fulfilled any other contractual obligations incumbent on it. Time is not of the essence in the sale contemplated by the Contract and the Seller shall be entitled to a reasonable period of grace in the event of any delay in delivery beyond the scheduled shipping date. The happening of any contingency beyond Seller’s control shall not constitute cause for cancellation of the order but shall extend Seller’s time of delivery for a period equal to the duration of such contingency. Seller shall in no way be liable (i) for any loss of profit, business, contracts, revenues, or anticipated savings, arising from any delay in delivery, or (ii) for any special indirect or consequential damage of any nature whatsoever, arising from any delay in delivery.

Delivery Delay. The delivery time is specified in the Offer sent by the Seller to the Purchaser. All products will be shipped Free on Board (FOB) origin from Seller’s premises and may be so shipped in several lots5.1. Delivery shall be made in accordance with the International Commercial Terms (Incoterms) current version of the Incoterms in force at the time of the formation of the Contract. Unless otherwise agreed upon in writing, delivery shall be made FCA Optotune’s point of shipment (Incoterms 2020). 5.2. The agreed delivery term shall begin provided: (i) estimated ship date as stated in the Order Confirmation can only be provided when and if: 5.2.1 the Contract has been concluded and any letters of credit, advance payments or sureties required in the terms of the order confirmation Order Confirmation have 2 been put in place by the purchaserPurchaser; and (ii) and 5.2.2 the Seller is in possession of all the details required for the execution of the orderOrder; and (iii) and 5.2.3 the Purchaser has fulfilled any other contractual obligations incumbent on it. 5.3. Time is not of the essence in the sale and delivery contemplated by the Contract and the Seller shall be entitled to a reasonable period of grace in the event of any delay in delivery beyond the scheduled shipping date. 5.4. The happening of any A contingency beyond Seller’s control shall not constitute cause for cancellation of the order Contract but shall extend Seller’s time of delivery for a period equal to the duration of such contingency. 5.5. The Seller shall in no way be liable (i) for any loss of profit, business, contracts, revenues, or anticipated savings, arising from any delay in delivery or non-delivery, or (ii) for any special indirect or consequential damage damages of any nature whatsoever, arising from any delay in delivery or non-delivery. 5.6. Upon receipt of the goods or the services, Purchaser shall examine the goods or services within thirty (30) days and Purchaser shall notify Seller in writing, if in Purchaser’s opinion, the goods delivered are incomplete or do not comply with the specifications or the services performed are defective.