Paladin DTS On-Time Delivery Guarantee
With regard to on-time delivery of Product, TIME IS OF THE ESSENCE. Paladin DTS agrees to make its best effort to achieve and maintain one hundred percent (100%) on-time delivery. On-time delivery is defined for purposes of this Agreement as the transmittal of the requested Products to the Contractors’ requested contact on the Scheduled Delivery Date specified in Paladin DTS’s Purchase Order and Proposal Agreement.
Delivery date shall be determined by the Contractor and shall be adjusted as properly warranted for delays, scope modifications, design modifications, and similar conditions outside the realm of control of Paladin DTS. Paladin DTS shall not be responsible for failure to make on-time delivery for the sole reason of performance of other parties outside of Paladin DTS’s scope of work.
Any delays in or failure of performance by Paladin DTS shall not constitute a default under this Contract if and to the extent such delays or failures of performance are caused by occurrences beyond the reasonable control of Paladin DTS. Such causes include, but are not limited to, acts of any other party, acts of God, compliance with any order or request of a governmental authority, acts of war, rebellion, terrorism, sabotage or vandalism or damage resulting therefrom, pandemics, fires, floods, explosions, accidents, riots, strikes, or other concerted acts of workmen, whether direct or indirect, or any other cause beyond Paladin DTS’s reasonable control, whether or not of the same class or kind as those specifically named above.
Limitation of Liability
The liability of Paladin DTS or its providers under this Contract shall in no case exceed the total amount of all payments actually made to Paladin DTS hereunder. In no event shall Paladin DTS or its providers be liable for any loss of profits, sales or business opportunities or any incidental, special, exemplary or consequential damages arising out of the performance or non-performance of this Contract.
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