Delivery Guarantee Clause Samples

A Delivery Guarantee clause ensures that the seller or service provider commits to delivering goods or services within a specified timeframe and according to agreed-upon standards. This clause typically outlines the expected delivery date, conditions for acceptable delivery, and remedies available if the delivery is late or does not meet the required specifications, such as penalties or the right to reject the goods. Its core practical function is to provide assurance to the buyer, reduce uncertainty, and allocate risk by holding the delivering party accountable for timely and proper fulfillment of their obligations.
POPULAR SAMPLE Copied 2 times
Delivery Guarantee. PBI will, upon Your request and subject to the restrictions below, provide a refund of the Rate paid for Guaranteed Parcels that do not arrive at a consignee’s address by the Delivery Date (“Guarantee”) subject to the following conditions. (1) The Guarantee only applies to Guaranteed Parcels that You tender to a Service Provider with a label generated through PB Shipping APIs for the Transportation Method selected and sent to destinations within the Scope of Services set forth in Section 1. (2) In the case of multiple Guaranteed Parcels shipped in a single shipment, each such Parcel may have its own applicable Guarantee. If a late delivery occurs for a number of Parcels fewer than that of the entire shipment, the refund will only be applicable to the Guaranteed Parcel(s) with late delivery as opposed to the entire shipment. (3) The Guarantee is exclusive of all other items, including, without limitation, fines, taxes or other charges or amounts (such as any fuel surcharge component), and transportation charges resulting from returned shipments. (4) You must notify PBI of any claim for late or failed delivery in writing to ▇▇▇▇▇▇▇▇▇@▇▇.▇▇▇, within fourteen (14) days of the Tender date and provide PBI with the shipment identification number, the date of shipment, and complete consignee information. Within sixty (60) days after You so notify PBI, PBI shall either: (a) Provide You with a refund, via for example, a credit in a postage account; (b) Provide You with information explaining the reason that the Parcel is not eligible for the Guarantee under the applicable limitations or exclusions; or (c) Provide You with evidence of timely delivery. (5) The Guarantee will not apply where late delivery or failure to deliver is due to circumstances beyond PBI’s or a Service Provider’s control including, but not limited to, inaccurate or incomplete shipment information, delivery instructions or information, or force majeure events described in Section F(8). (6) The Guarantee does not apply to (i) any Parcel that contains Unacceptable Goods as defined in Section A(2), (ii) any Parcel that does not meet restrictions on, among other criteria, size, weight, commodity or value identified by PBI or Service Provider, of (iii) any parcel that is deemed a nonmachinable shipment as defined in Section 7.7 of the Mailing Standard of the United States Postal Service Domestic mail Manual.
View SourceView Similar (3)
Delivery Guarantee. 3.10.2.1. Delivery guarantees are given to the Customer, and the Provider will compensate the Customer if the OSD exceeds the agreed CDD for reasons caused by the Provider, its agents, contractors or sub-­‐contractors. The Provider will also commence the necessary procedures to ensure that alternative connectivity is provisioned in order to ensure continuity of the Customer Services in those countries affected by any delay from the OSD. 3.10.2.2. If the OSD of a Service Item occurs after its CDD, the Provider will compensate the Customer by a rate of 4% of the monthly recurring charges per day payable for the period between the CDD and the OSD subject to a cap of 100% of the monthly recurring charge. If necessary, the Provider will also commence the necessary procedures to ensure that alternative connectivity is provisioned in order to ensure continuity of service in respect of Service Items affected by any such delay. 3.10.2.3. At the Customer’s sole discretion such compensation may be deducted from any subsequent charge payable by the Customer. Compensation will be applied as a deduction from the charges otherwise payable by the Customer for the month following the month giving rise to the compensation. Cash compensation will be made in case such payables do not exist.
View Source
Delivery Guarantee. The Photographer will deliver unedited proofs in digital format of the wedding photographs within 14 days of the wedding date and other items as described under paragraph (h), above, within 5 weeks of receiving the final selection from client. Other orders for photographs will be delivered within 4 weeks from the date of order.
View Source
Delivery Guarantee. (NOT TO BE USED FOR A SIGNATURE GUARANTEE)
View Source
Delivery Guarantee. Addendum to Lease # 490280 dated April 3rd, 2005 between Nationwide Funding, LLC as Lessor and, IsoRay Medical, Inc. as Lessee. Lessee understands and agrees that in the event the Lessee is not satisfied with the working condition of the equipment that Lessee shall only look to persons other than Lessor or its assigns such as the manufacturer, vendor, installer, or carrier, and shall not assert against Lessor or its assigns any claim or defense that Lessee may have with reference to the Equipment, its installation, or delivery. Lessee understands that despite the fact that certain items of Equipment to be leased have not been delivered or installed, this Addendum authorized Lessor to start the Lease and Leasee’s duty to make monthly payments will commence immediately. Further, Lessee authorizes Lessor to pay: Premier Technology, Inc. is the vendor for the equipment and the Lessee understands that payment shall begin on the same date that the Lessee executes this agreement and shall be continuous thereafter per the terms of the Lease. $ 37,500.00 Will be paid to Premier Technology, Inc (Vendor) upon execution of this agreement. $ 37,500.00 Will be paid to Premier Technology, Inc (Vendor) upon final verification by Lessee after completion of delivery and installation. Nationwide Funding, LLC IsoRay Medical, Inc. Lessor Lessee /s/ E▇▇▇ ▇▇▇▇ /s/ M▇▇▇▇▇▇ ▇▇▇▇▇▇ Signature Signature E▇▇▇ ▇▇▇▇, President M▇▇▇▇▇▇ ▇▇▇▇▇▇, CFO Name & Title Name & Title 04-14-05 4/12/05 Date Date Vendor: Premier Technology, Inc.
View Source
Delivery Guarantee. 9.1. In the event the Delivery Date has not taken place by ninety (90) days at the latest from the Date of Agreement, the Customer shall be entitled to demand a deduction of an amount corresponding to fifty (50) percent of the fixed fee paid for the unusable Service. 9.2. In the event the Delivery Date has not taken place by one hundred and twenty (120) days at the latest from the Date of Agreement, the Customer shall be entitled to terminate the Agreement. In the event the Agreement is terminated, any and all performance made shall be rescinded and all dealings shall be deemed settled, with the consequence, inter alia, that no further compensation shall be refunded to the Customer other than any fees paid by the Customer. 9.3. The delivery guarantee in this section 9 shall apply only if the delay in accordance with the provisions above is exclusively due to circumstances imputable to the Provider. Such shall not be deemed to be the case if, for example: • The delay is wholly or partially imputable to an operator other than the Provider, which may be the case due to such operator having a longer delivery time than the Provider. • The delay is wholly or partially imputable to the Customer, which may be the case if the Customer’s equipment is defective or incompatible with the Service, if the Customer affects or changes the date for installation/Delivery Date, or if the Customer has failed to perform its obligations under the Agreement. • The Provider or its representative is not afforded access to relevant facilities. • Information in the Agreement or in Customer Data Information is incorrect and the Provider is unable to obtain correct information (confirmed) by the Customer prior to planned installation. • The Customer has failed to provide complete and correct information or reviewed documents and notified decisions and otherwise fail to provide the information which is necessary to enable the Provider to perform its obligations. • The existence of force majeure (see section 22).
View Source

Related to Delivery Guarantee

  • Daily Guarantee (a) Subject to the provisions of Subsection (c), an employee reporting for a scheduled shift on the call of the Corporation, shall receive the employee's regular hourly rate of pay for the entire period spent at the place of work, with a minimum of two (2) hours' pay at the regular hourly rate. (b) Subject to the provisions of Subsection (c), an employee other than a school student on a school day who commences work on a scheduled shift, shall receive the employee's regular hourly rate of pay for the entire period spent at the place of work, with a minimum of four (4) hours' pay at the regular hourly rate. (c) In any case where an employee: (i) reports for a regular shift but refuses to commence work, or (ii) commences work but refuses to continue working, the employee shall not be entitled to receive the minimum payments set forth in Subsections (a) and (b).

  • The Guarantee Each Guarantor hereby jointly and severally with the other Guarantors guarantees, as a primary obligor and not merely as a surety to each Secured Party and their respective permitted successors and assigns, the prompt payment in full when due (whether at stated maturity, by required prepayment, declaration, demand, by acceleration or otherwise) of the principal of and interest (including any interest, fees, costs or charges that would accrue but for the provisions of (i) the Title 11 of the United States Code after any bankruptcy or insolvency petition under Title 11 of the United States Code and (ii) any other Debtor Relief Laws) on the Loans made by the Lenders to, and the Notes held by each Lender of, the Borrower, and all other Secured Obligations from time to time owing to the Secured Parties by any Loan Party or any Subsidiary under any Loan Document or any Secured Hedge Agreement or any Treasury Services Agreement, in each case strictly in accordance with the terms thereof (such obligations, including any future increases in the amount thereof, being herein collectively called the “Guaranteed Obligations”); provided, however, that Guaranteed Obligations shall exclude all Excluded Swap Obligations. The Guarantors hereby jointly and severally agree that if the Borrower or other Guarantor(s) shall fail to pay in full when due (whether at stated maturity, by acceleration or otherwise) any of the Guaranteed Obligations, the Guarantors will promptly pay the same in cash, without any demand or notice whatsoever, and that in the case of any extension of time of payment or renewal of any of the Guaranteed Obligations, the same will be promptly paid in full when due (whether at extended maturity, by acceleration or otherwise) in accordance with the terms of such extension or renewal.

  • Subsidiary Guarantee For value received, each of the Subsidiary Guarantors named (or deemed herein to be named) below hereby jointly and severally fully and unconditionally guarantees to the Holder of the Security upon which this Subsidiary Guarantee is endorsed, and to the Trustee on behalf of such Holder, the due and punctual payment of the principal of (and premium, if any) and interest on such Security when and as the same shall become due and payable, whether at the Stated Maturity, by acceleration, call for redemption, offer to purchase or otherwise, according to the terms thereof and of the Indenture referred to therein and to cover all the rights of the Trustee under Section 607. In case of the failure of the Company punctually to make any such payment, each of the Subsidiary Guarantors hereby jointly and severally agrees to cause such payment to be made punctually when and as the same shall become due and payable, whether at the Stated Maturity or by acceleration, call for redemption, offer to purchase or otherwise, and as if such payment were made by the Company. Each of the Subsidiary Guarantors hereby jointly and severally agrees that its obligations hereunder shall be absolute and unconditional, irrespective of, and shall be unaffected by, the validity, regularity or enforceability of such Security or the Indenture, the absence of any action to enforce the same or any release, amendment, waiver or indulgence granted to the Company or any other guarantor, or any consent to departure from any requirement of any other guarantee of all or of any of the Securities of this series, or any other circumstances which might otherwise constitute a legal or equitable discharge or defense of a surety or guarantor; provided, however, that, notwithstanding the foregoing, no such release, amendment, waiver or indulgence shall, without the consent of such Subsidiary Guarantor, increase the principal amount of such Security, or increase the interest rate thereon, or alter the Stated Maturity thereof. Each of the Subsidiary Guarantors hereby waives the benefits of diligence, presentment, demand of payment, any requirement that the Trustee or any of the Holders protect, secure, perfect or insure any security interest in or other lien on any property subject thereto or exhaust any right or take any action against the Company or any other Person or any collateral, filing of claims with a court in the event of insolvency or bankruptcy of the Company, any right to require a proceeding first against the Company, protest or notice with respect to such Security or the indebtedness evidenced thereby and all demands whatsoever, and covenants that this Subsidiary Guarantee will not be discharged except by complete performance of the obligations contained in such Security and in this Subsidiary Guarantee. Each Subsidiary Guarantor agrees that if, after the occurrence and during the continuance of an Event of Default with respect to Securities of this series, the Trustee or any of the Holders are prevented by applicable law from exercising their respective rights to accelerate the maturity of the Securities of this series, to collect interest on the Securities of this series, or to enforce or exercise any other right or remedy with respect to the Securities of this series, such Subsidiary Guarantor agrees to pay to the Trustee for the account of the Holders, upon demand therefor, the amount that would otherwise have been due and payable had such rights and remedies been permitted to be exercised by the Trustee or any of the Holders. No reference herein to the Indenture and no provision of this Subsidiary Guarantee or of the Indenture shall alter or impair the Subsidiary Guarantee of any Subsidiary Guarantor, which is absolute and unconditional, of the due and punctual payment of the principal (and premium, if any) and interest on the Security upon which this Subsidiary Guarantee is endorsed. Each Subsidiary Guarantor shall be subrogated to all rights of the Holder of this Security against the Company in respect of any amounts paid by such Subsidiary Guarantor on account of this Security pursuant to the provisions of its Subsidiary Guarantee or the Indenture; provided, however, that such Subsidiary Guarantor shall not be entitled to enforce or to receive any payments arising out of, or based upon, such right of subrogation until the principal of (and premium, if any) and interest on this Security and all other Securities of this series issued under the Indenture shall have been paid in full. This Subsidiary Guarantee shall remain in full force and effect and continue to be effective should any petition be filed by or against the Company for liquidation or reorganization, should the Company become insolvent or make an assignment for the benefit of creditors or should a receiver or trustee be appointed for all or any part of the Company’s assets, and shall, to the fullest extent permitted by law, continue to be effective or be reinstated, as the case may be, if at any time payment and performance of the Securities of this series is, pursuant to applicable law, rescinded or reduced in amount, or must otherwise be restored or returned by any Holder of the Securities of this series, whether as a “voidable preference,” “fraudulent transfer,” or otherwise, all as though such payment or performance had not been made. In the event that any payment, or any part thereof, is rescinded, reduced, restored or returned, the Securities of this series shall, to the fullest extent permitted by law, be reinstated and deemed reduced only by such amount paid and not so rescinded, reduced, restored or returned. The Subsidiary Guarantors or any particular Subsidiary Guarantor shall be released from this Subsidiary Guarantee upon the terms and subject to certain conditions provided in the Indenture. By delivery to the Trustee of a supplement to the Indenture referred to in the Security upon which this Subsidiary Guarantee is endorsed in accordance with the terms of the Indenture, each Person that becomes a Subsidiary Guarantor after the date of first issuance of the Securities of this series will be deemed to have executed and delivered this Subsidiary Guarantee for the benefit of the Holder of the Security upon which this Subsidiary Guarantee is endorsed with the same effect as if such Subsidiary Guarantor were named below and had executed and delivered this Subsidiary Guarantee. All terms used in this Subsidiary Guarantee which are defined in the Indenture shall have the meanings assigned to them in such Indenture. This Subsidiary Guarantee shall not be valid or obligatory for any purpose until the certificate of authentication on the Security upon which this Subsidiary Guarantee is endorsed shall have been executed by the Trustee under the Indenture by manual signature. Reference is made to the Indenture for further provisions with respect to this Subsidiary Guarantee. This Subsidiary Guarantee shall be governed by and construed in accordance with the laws of the State of New York.

  • Guarantee The Guarantor irrevocably and unconditionally agrees to pay in full to the Holders the Guarantee Payments (without duplication of amounts theretofore paid by the Issuer), as and when due, regardless of any defense, right of set-off or counterclaim that the Issuer may have or assert. The Guarantor's obligation to make a Guarantee Payment may be satisfied by direct payment of the required amounts by the Guarantor to the Holders or by causing the Issuer to pay such amounts to the Holders.

  • Note Guarantee (a) Subject to this Article 5, each Guarantor hereby fully and unconditionally guarantees, on a joint and several basis, to each Holder of a Note authenticated and delivered by the Trustee and to the Trustee and its successors and assigns, that: (1) the principal of, premium, if any, and interest, if any, on the Notes will be promptly paid in full when due, whether at maturity, by acceleration, redemption or otherwise, and interest on the overdue principal of, premium on, if any, irrespective of the validity and enforceability of the Indenture, the Notes or the obligations of the Company under the Indenture or the Notes, and interest, if any, on, the Notes, if lawful, and all other obligations of the Company to the Holders or the Trustee under the Indenture or the Notes (including fees and expenses) will be promptly paid in full or performed, all in accordance with the terms under the Indenture or the Notes; and (2) in case of any extension of time of payment or renewal of any Notes or any of such other obligations, that same will be promptly paid in full when due or performed in accordance with the terms of the extension or renewal, whether at Stated Maturity, by acceleration or otherwise. Failing payment when due of any amount so guaranteed or any performance so guaranteed for whatever reason, each Guarantor will be obligated to pay the same immediately. Each Guarantor agrees that this is a guarantee of payment and not a guarantee of collection. (b) Each Guarantor hereby agrees that its obligations under the Indenture and the Notes are full and unconditional, irrespective of the validity, regularity or enforceability of the Indenture or the Notes, the absence of any action to enforce the same, any waiver or consent by any Holder of the Notes with respect to any provisions of the Indenture or the Notes, the recovery of any judgment against the Company, any action to enforce the same or any other circumstance which might otherwise constitute a legal or equitable discharge or defense of such Guarantor. Each Guarantor hereby agrees that in the event of a default in payment of the principal of or interest on the Notes entitled to the Guarantee, whether at the Stated Maturity or by declaration of acceleration, call for redemption or otherwise, legal proceedings may be instituted by the Trustee on behalf of the Holders or, subject to Section 6.7 of the Base Indenture, by the Holders, on the terms and conditions set forth in the Indenture, directly against such Guarantor to enforce the Guarantee without first proceeding against the Company. Each Guarantor hereby (i) waives diligence, presentment, demand of payment, filing of claims with a court in the event of insolvency or bankruptcy of the Company, any right to require a proceeding first against the Company, protest, notice and all demands whatsoever, (ii) acknowledges that any agreement, instrument or document evidencing the Guarantee may be transferred and that the benefit of its obligations hereunder shall extend to each holder of any agreement, instrument or document evidencing the Guarantee without notice to it and (iii) covenants that this Note Guarantee will not be discharged except by complete performance of the obligations contained in the Indenture and the Notes. (c) If any Holder or the Trustee is required by any court or otherwise to return to the Company, any Guarantor or any custodian, trustee, liquidator or other similar official acting in relation to either the Company or such Guarantor, any amount paid by either to the Trustee or such Holder, this Note Guarantee, to the extent theretofore discharged, will be reinstated in full force and effect. (d) Each Guarantor agrees that it will not be entitled to any right of subrogation in relation to the Holders in respect of any obligations guaranteed hereby until payment in full of all obligations guaranteed hereby. Each Guarantor further agrees that, as between such Guarantor, on the one hand, and the Holders and the Trustee, on the other hand, (1) the maturity of the obligations guaranteed hereby may be accelerated as provided in Article VII for the purposes of this Note Guarantee, notwithstanding any stay, injunction or other prohibition preventing such acceleration in respect of the obligations guaranteed hereby, and (2) in the event of any declaration of acceleration of such obligations as provided in Article VII, such obligations (whether or not due and payable) will forthwith become due and payable by such Guarantor for the purpose of this Note Guarantee.