Common use of Time and Delivery Clause in Contracts

Time and Delivery. 4.1 Where time and/or sequence for delivery and performance by the Company is specified such provision shall be of the essence of the Contract. 4.2 Failure by the Supplier to adhere to any provision as to time contained in the contract shall entitle the Company at its option to treat the Contract as repudiated, the Company shall be entitled to exercise its option at any time after the period of the time specified shall have elapsed and shall not be prejudiced by any delay or by giving time or other indulgence to the Supplier in exercising such option. 4.3 Notwithstanding any such repudiation of the Contract, the Company shall be entitled to damages in respect of all costs, losses and expenses (including damages incurred by the Company from their customers) sustained by reason of the failure of the Supplier to meet the time agreed. 4.4 Unless the Company agrees otherwise in writing all goods and materials supplied are to be delivered by the Supplier carriage paid to the address for delivery specified in the Order. 4.5 The Supplier agrees to despatch all shipments to the delivery address (es) so that goods arrive no earlier than two working days before and no later than the date requested by the Company. 4.6 Without prejudice to the other terms and conditions of this agreement, if the Supplier is subsequently unable to meet the acknowledged schedule of delivery the Company is to be notified immediately at the first indication that the default is foreseen. 4.7 If the Supplier fails to adhere to the agreed timescales the Company (in addition to its other rights) reserves the right to:  cancel, reduce or reschedule the Contract or any part of it;  enter into contracts with third parties to complete the performance;  be paid by the Supplier for all expenses necessarily incurred by the Company in order to fulfil the Order plus any damages incurred by the Company as a result of the Supplier’s failure to adhere to the agreed timescales. 4.8 The Company may at any time, without invalidating the Contract alter, amend, omit, add to or otherwise make any changes to the Order by issuing an instruction and the Supplier shall be bound by such changes, as though they formed part of the original Order. (a) Whereever possible, prior to the issue of any instruction any affect on the programming of work, Contract programme or Contract Price shall be mutually agreed. (b) If as a result of default, breach or action on the part of the Supplier, the Company, or the Company's client cancels the Contract in its entirety the Company shall, on payment to the Supplier of any monies due in respect of the Contract prior to its cancellation be absolved from any further liabilities under the Contract. Where an adjustment to the Contract Price shall be adjusted pro rata to the original Order or, where this is not practical, as the Company shall estimate, acting in good faith. (c) No instructions shall be of effect unless given or confirmed in writing by the Company.

Time and Delivery. 4.1 Where time and/or sequence for delivery and performance by the Company is specified such provision shall be of the essence of the Contract. 4.2 Failure by the Supplier to adhere to any provision as to time contained in the contract shall entitle the Company at its option to treat the Contract as repudiated, the Company shall be entitled to exercise its option at any time after the period of the time specified shall have elapsed and shall not be prejudiced by any delay or by giving time or other indulgence to the Supplier in exercising such option. 4.3 Notwithstanding any such repudiation of the Contract, the Company shall be entitled to damages in respect of all costs, losses and expenses (including damages incurred by the Company from their customers) sustained by reason of the failure of the Supplier to meet the time agreed. 4.4 Unless the Company agrees otherwise in writing all goods and materials supplied are to be delivered by the Supplier carriage paid to the address for delivery specified in the Order. 4.5 The Supplier agrees to despatch all shipments to the delivery address (es) so that goods arrive no earlier than two working days before and no later than the date requested by the Company. 4.6 Without prejudice to the other terms and conditions of this agreement, if the Supplier is subsequently unable to meet the acknowledged schedule of delivery the Company is to be notified immediately at the first indication that the default is foreseen. 4.7 If the Supplier fails to adhere to the agreed timescales the Company (in addition to its other rights) reserves the right to:  : 4.7.1 cancel, reduce or reschedule the Contract or any part of it;  ; 4.7.2 enter into contracts with third parties to complete the performance;  ; 4.7.3 be paid by the Supplier for all expenses necessarily incurred by the Company in order to fulfil the Order plus any damages incurred by the Company as a result of the Supplier’s failure to adhere to the agreed timescales. 4.8 The Company may at any time, without invalidating the Contract alter, amend, omit, add to or otherwise make any changes to the Order by issuing an instruction and the Supplier shall be bound by such changes, as though they formed part of the original Order. (a) Whereever Where ever possible, prior to the issue of any instruction any affect on the programming of work, Contract programme or Contract Price shall be mutually agreed. (b) If as a result of default, breach or action on the part of the Supplier, the Company, or the Company's client cancels the Contract in its entirety the Company shall, on payment to the Supplier of any monies due in respect of the Contract prior to its cancellation be absolved from any further liabilities under the Contract. Where an adjustment to the Contract Price shall be adjusted pro rata to the original Order or, where this is not practical, as the Company shall estimate, acting in good faith. (c) No instructions shall be of effect unless given or confirmed in writing by the Company.