What should a late-delivery clause say in a charger purchase agreement?

Main answer · Wecent Editorial Team

Short answer: A good clause sets a firm delivery date, a short grace period, a clear and proportional compensation, a right to cancel after a defined delay and a fair definition of events outside the supplier’s control. It also states how delays are notified and recorded. Have a lawyer review the final wording for your jurisdiction.

Why have a clause

Late chargers can miss a launch, a retailer slot or a season. Without a clause, the only remedy is a difficult argument. A written clause gives both sides the same rules in advance.

What to include

1. Delivery date. Define it exactly: ready at the factory, shipped, or arrived. Link it to the Incoterm.
2. Grace period. A few days that allows for small slippage.
3. Compensation. A percentage of the value of late goods for each period of delay, up to a cap.
4. Cancellation. The right to cancel the order, or the late part, after a longer delay.
5. Force majeure. A list of events outside control, with notice and proof duties.
6. Notice. The supplier must warn you early when a delay is likely.
7. Mitigation. Options such as air freight at the supplier’s cost for part of the delay.
8. Records. Both sides keep the delivery records.

Keep it realistic

Very harsh penalties are hard to enforce and may be challenged. A moderate, clear rate with a cap is more likely to work. Think about what the delay really costs you, and what the supplier can accept.

Link to the project plan

Include milestones such as sample approval and material arrival, so you can see a delay coming before the final date.

Include approvals

If the delay is caused by your own late approvals, say that the date moves. A fair clause covers both sides.

Get advice

Contract rules differ between countries and states. Ask a lawyer to review the clause and the governing law.

Quick summary

Define the date, add a grace period, set proportional compensation and cancellation rights and agree notice and force majeure rules.

Example wording

“If delivery is later than the agreed date plus a grace period, the supplier shall pay a stated percentage of the value of the late goods for each week of delay up to a stated maximum, and the buyer may cancel the late part of the order after a stated number of weeks.” A short clause like this is clear and easy to apply.

Where this answer says to confirm with Wecent, the detail is not published on the product page and has to come from the datasheet or the factory. General facts come from the regulators, standards bodies or device makers named in the text.