Common use of Backorders Clause in Contracts

Backorders. In the event that a product is backordered, partial shipments or shipment is delayed for any reason, the Contractor shall notify the Ordering Agency of such delay in the following ways: A backordered item(s), item number (s), and expected delivery date(s) shall be annotated on the email order confirmation. A backordered item(s) shall be annotated on the packing list that the Ordering Agency receives with the order and include the expected delivery date(s). Contractor’s online catalog/punch-out provides in-stock/backorder status. The Contractor shall then work to fill the backorder. If the Contractor’s system is unable to fill a line, the Contractor’s local purchasing group shall source the backordered item. If an item is discontinued, or unavailable, the Contractor shall call the Ordering Agency and given a choice of canceling the order, or a like-for-like alternate. Product substitution is not allowable unless pre-approved; in writing, by the State or Ordering Agency and only then may the item be shipped. The substituted item shall be of equal functionality and quality and shall not exceed the contract price of the back ordered or unavailable item. Contractor shall submit a quarterly report of all items that have been substituted.

Appears in 4 contracts

Samples: Professional Services, Master Services Agreement, Master Services Agreement

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Backorders. In the event that a product is backordered, partial shipments or shipment is delayed for any reason, the Contractor shall notify the Ordering Agency of such delay in the following ways: A backordered Backordered item(s), item number (s), and expected delivery date(s) shall be annotated on the email order confirmation. A backordered Backordered item(s) shall be annotated on the packing list that the Ordering Agency receives with the order and include the expected delivery date(s). Contractor’s online catalog/punch-out provides in-stock/backorder status. The Contractor shall then work to fill the backorder. If the Contractor’s system is unable to fill a line, the Contractor’s local purchasing group shall source the backordered item. If an item is discontinued, or unavailable, the Contractor shall call the Ordering Agency and given give a choice of canceling the order, or a like-for-like alternate. Product substitution is not allowable unless pre-approved; approved in writing, writing by the State or Ordering Agency Agency, and only then may the item be shipped. The substituted item shall be of equal functionality and quality and shall not exceed the contract price of the back back-ordered or unavailable item. Contractor shall submit a quarterly report of all items that have been substituted.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

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