Liquidated Damages for Delay. In the event of a delay to the agreed Delivery times, as may be extended in accordance with the Contract, which is attributable to Metso, Purchaser shall, to the exclusion of all further rights and remedies of Purchaser for such delay, be entitled to claim liquidated damages of delay 0.5% of the Contract Price of the delayed Services and Deliverables, or 0.25% of the Contract Price if not individually priced, for every full week of delay, up to an aggregate maximum of 5% of the Contract Price. Purchaser and Metso acknowledge and agree that (i) the above liquidated damages represent a genuine pre-estimate of the potential loss suffered by Purchaser as a result of delay caused by ▇▇▇▇▇, and do not constitute a penalty, and (ii) save as specified in this clause, Metso shall not be liable for any delay in meeting any other date or milestone specified in the Contract or elsewhere, and (iii) any delay claim must be made within thirty days from Delivery.
Appears in 5 contracts
Sources: Service Agreement, Service Agreement, Service Agreement
Liquidated Damages for Delay. In the event of a delay to the agreed Delivery times, as may be extended in accordance with the Contract, which is attributable to Metso, Purchaser shall, to the exclusion of all further rights and remedies of Purchaser for such delay, be entitled to claim liquidated damages of delay 0.5% of the Contract Price of the delayed Services and DeliverablesGoods, or 0.25% of the Contract Price if not individually priced, for every full week of delay, up to an aggregate maximum of 5% of the Contract Price. Purchaser and Metso acknowledge and agree that (i) the above liquidated damages represent a genuine pre-estimate of the potential loss suffered by Purchaser as a result of delay caused by ▇▇▇▇▇, and do not constitute a penalty, and (ii) save as specified in this clause, Metso shall not be liable for any delay in meeting any other date or milestone specified in the Contract or elsewhere, and (iii) any delay claim must be made within thirty days from Delivery.
Appears in 3 contracts
Sources: Sales Contract, Sales Contract, Sales Contract
Liquidated Damages for Delay. In the event of a delay to the agreed Delivery times, as may be extended in accordance with the Contract, which is attributable to Metso, Purchaser shall, to the exclusion of all further rights and remedies of Purchaser for such delay, be entitled to claim liquidated damages of delay 0.5% of the Contract Price of the delayed Services and Deliverables, or 0.25% of the Contract Price if not individually priced, for every full week of delay, up to an aggregate maximum of 5% of the Contract Price. Purchaser and Metso acknowledge and agree that (i) the above liquidated damages represent a genuine pre-estimate of the potential loss suffered by Purchaser as a result of delay caused by ▇▇▇▇▇Metso, and do not constitute a penalty, and (ii) save as specified in this clause, Metso shall not be liable for any delay in meeting any other date or milestone specified in the Contract or elsewhere, and (iii) any delay claim must be made within thirty days from Delivery.
Appears in 1 contract
Sources: Services Agreements
Liquidated Damages for Delay. In the event of a delay to the agreed Delivery times, as may be extended in accordance with the Contract, which is attributable to Metso, Purchaser shall, to the exclusion of all further rights and remedies of Purchaser for such delay, be entitled to claim liquidated liqui- dated damages of delay 0.5% of the Contract Price of the delayed Services and DeliverablesGoods, or 0.25% of the Contract Price if not individually priced, for every full week of delay, up to an aggregate maximum of 5% of the Contract Price. Purchaser Pur- chaser and Metso acknowledge and agree that (i) the above liquidated damages represent a genuine pre-estimate of the potential loss suffered by Purchaser as a result of delay caused by ▇▇▇▇▇, and do not constitute a penalty, and (ii) save as specified in this clause, Metso shall not be liable for any delay in meeting any other date or milestone specified in the Contract or elsewhere, and (iii) any delay claim must be made within thirty days from Delivery.
Appears in 1 contract
Sources: Sales Contract
Liquidated Damages for Delay. In the event of a delay to the agreed Delivery times, as may be extended in accordance with the Contract, which is attributable to Metso, Purchaser shall, to the exclusion of all further rights and remedies of Purchaser for such delay, be entitled to claim liquidated damages of delay 0.5% of the Contract Price of the delayed Services and Deliverables, or 0.25% of the Contract Price if not individually priced, for every full week of delay, up to an aggregate maximum of 5% of the Contract Price. Purchaser and Metso acknowledge and agree that (i) the above liquidated damages represent a genuine pre-estimate of the potential loss suffered by Purchaser as a result of delay caused by ▇▇▇▇▇, and do not constitute a penalty, and (ii) save as specified in this clause, Metso shall not be liable for any delay in meeting any other date or milestone specified in the Contract or elsewhere, and (iii) any delay claim must be made within thirty days from Delivery. 15.
Appears in 1 contract
Sources: Service Agreement