§1Model wording
6.1 Lead time. The Seller shall deliver within [3] business days of an order placed before [12:00] local time at the delivery location.
6.2 Window. Deliveries shall arrive within the delivery window in Schedule D. A delivery outside the window, or short by more than [2]%, is late.
6.3 Measurement. On-time performance is the share of deliveries in a month that are not late. Target: [98]%.
6.4 Remedies. For a late delivery the Seller shall, at the Buyer's choice, expedite at its own cost or reimburse the Buyer's reasonable extra cost of buying the shortfall elsewhere. If on-time performance is below target for [2] consecutive months, the Buyer may move up to [50]% of volume to another supplier without penalty under Clause 5.
Values in [square brackets] are yours to set. Have counsel review before use; this is not legal advice.
§2Negotiation notes
Measure from your receiving records, not the supplier's dispatch log.
If you can't store much stock, the lead-time clause is your safety stock. Negotiate it hard.