Common use of Prior to Delivery Clause in Contracts

Prior to Delivery. to the place of shipment, a Products order may be cancelled only with the Seller's prior written consent and upon terms indemnifying the Seller from all resulting losses and damages. The Seller shall have the right to cancel and refuse to complete a Products or Services order if any term and/or condition governing this Agreement is not complied with by the Buyer. In the event of cancellation by the Seller, or in the event that the Seller consents to a request by the Buyer to stop work or to cancel the whole or any part of any order, the Buyer shall make reimbursement to the Seller, as follows: (i) any and all work that can be completed within (30) days from date of notification to stop work on account of cancellation shall be completed, shipped and paid in full; and (ii) for work in progress and any materials and supplies procured or for which definite commitments have been made by the Seller in connection with the order, the Buyer shall pay such sums as may be required to fully compensate the Seller for actual costs incurred, plus fifteen percent (15%). The Buyer may not cancel any order after the Seller's delivery to the place of shipment. Orders for "Special" Equipment may not be cancelled after acceptance, except by the Seller. Items of "Special" Equipment are those that differ from standard Seller specifications, have a limited market, or incorporate specifications that have been determined for a specific application. Determination of whether an item of Equipment is “Special” shall be made by the Seller in its sole discretion. Initial