All products and services must be delivered as specified in the Alken Purchase Order. Time is of the essence with respect to delivery of products or services listed in the Purchase Order. Supplier must immediately advise Alken if any product or service cannot be delivered as ordered by the stated date. If Supplier elects a more expensive shipping method to meet a required delivery date, Supplier will be responsible for any increased shipping expense.
If Seller fails to meet its confirmed performance, quality, or delivery obligations and this results in a subsequent work stoppage for Buyer, or results in penalty charges to Buyer by its customers for failure to meet delivery obligations, or causes Buyer to devote time and money to rework the goods, Buyer reserves the right to charge back to Seller an amount equal to the actual cost of the work stoppage or a minimum of $1,000.00
If a product is rejected due to non-conformance, it will be the sellers’ responsibility to pay for freight to return goods to be evaluated.
At Alken’s option, in the event of shipment or receipt of less than all products or services ordered, Alken may either accept shipment and pay only for the products or services received, pro rata, based on the unit price of the item ordered, or reject the entire shipment and/or cancel remaining balance with no penalty.
Alken reserves the right to cancel the Purchase Order or any portion thereof if delivery is not made when and as specified. In addition Alken shall be entitled to reimbursement from Supplier for any loss sustained as a result of such cancellation, including, but not limited to, shipping charges and liquidation damages infringed on Alken from customer. Further, Alken may reject the late delivery without cancellation of the Purchase Order as to other subsequent required deliveries. Each shipment required under the Purchase Order is to be considered separately, and Alkens’ right to reject a late delivery shall not be affected by acceptance of other late deliveries by Supplier. All such cancelled shipments shall be returned to Supplier at Supplier’s expense. If Alken incurs any additional expenses as a direct result of suppliers late delivery that would jeopardize on time delivery to Alken’s customer, supplier will reimburse Alken for all said expenses (including but not limited to expedite charges, OT hours, etc)
Products delivered prior to the date specified, at Alkens’s option, may be subject to anticipation and warehouse charges, payable by Supplier, or may be returned to Supplier, at Supplier’s sole expense, to be held until proper shipping date.
FAR 52.223-99 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (OCT 2021) (DEVIATION) (Applies if this contract exceeds the micro-purchase threshold in effect on the date this contract is placed.)
DFARS 252.223-7999 Ensuring Adequate COVID-19 Safety Protocols for Federal Contractors (Deviation 2021-O0009) (Applies if this contract exceeds the simplified acquisition threshold in effect on the date this contract is placed and where services are provided under this contract. For additional guidance on the applicability of this clause and for the flowdown requirements consult the Safer Federal Workforce Task Force’s COVID-19 Workplace Safety: Guidance for Federal Contractors and Subcontractors, as may be amended during the performance of this contract.)
