Common use of Failure to Timely Deliver Clause in Contracts

Failure to Timely Deliver. Timely delivery of Goods is of the essence. A delivery of Goods is untimely if all Goods on a given Contract Confirmation are not received in full within fifteen (15) days of the agreed upon Delivery Date. Upon failure by Seller to timely deliver Goods, Buyer may, in its sole discretion: (a) afford Seller additional time to fulfill the Contract Confirmation subject to Seller’s agreement to a mutually agreeable discount on the Price;