Common use of Time not of the essence Clause in Contracts

Time not of the essence. 7.1 The time of delivery shall not be of the essence under this Agreement, provided always that, the Supplier shall use reasonable endeavours to complete the delivery as soon as the Supplier deems possible. 8.1 Save where otherwise provided in this Agreement, the Customer shall not be entitled to cancel any order and/or make a return of Products and/or Services (including any part thereof) on or after the Commencement Date. 9.1 If the Supplier is prevented or delayed from performing its obligations under this Agreement by reason of any act or omission of the Customer (other than a delay under Clause 14) then the Customer shall pay to the Supplier all reasonable costs, charges and losses sustained or incurred by the Supplier as a result (including without limitation any storage personnel and insurance cost), subject to the limits on liability in Clause 15. 10.1 The Customer warrants to the Supplier that the Customer has not been induced to enter into this Agreement by any prior representations or warranties, whether oral or in writing, except as specifically contained in this Agreement and the Customer hereby irrevocably waives any right it may have to claim damages for any misrepresentation contained in this Agreement or for breach of any warranty not contained herein (unless such misrepresentation was made fraudulently and relied upon by the Customer) and or to rescind this Agreement.