Common use of Buyer Failure Clause in Contracts

Buyer Failure. If Buyer fails to receive all or part of the Product pursuant to a Transaction and such failure is not excused under the terms of the Product or by Seller’s failure to perform, Section 3.4 or Section 3.5, then Buyer shall pay Seller, within fifteen (15) days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price for the Quantity not Delivered. The invoice shall include a written statement explaining the calculation in reasonable detail.

Appears in 3 contracts

Samples: Master Allowance/Offset Credit Purchase Agreement, Master Allowance/Offset Credit Purchase Agreement, Master Allowance/Offset Credit Purchase Agreement

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Buyer Failure. If Buyer fails to receive all or part of the Product pursuant to a Transaction affirmatively accept any Quantity and such failure is not excused under the terms of the Product Transaction or by Seller’s failure to perform, perform under Section 3.4 or Section 3.5, then Buyer shall pay Seller, within fifteen (15) days of invoice receipt, an amount for such deficiency equal to the positive differenceContract Price minus the Resale Price, if any, obtained by subtracting and to the Sales extent the Resale Price from is less than the Contract Price for Price, with the resulting difference multiplied by the Quantity not Delivered. The invoice shall include a written statement explaining the calculation in reasonable detail.

Appears in 2 contracts

Samples: Master Allowance/Offset Credit Purchase Agreement, Master Allowance/Offset Credit Purchase Agreement

Buyer Failure. If Buyer fails to receive all or part of the Product pursuant to a Transaction and such failure is not excused under the terms of the Product or by Seller’s failure to perform, Section 3.4 3.04 or Section 3.53.05, then Buyer shall pay Seller, within fifteen five (155) days Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price for the Quantity not Delivered. The invoice shall include a written statement explaining the calculation in reasonable detail.

Appears in 1 contract

Samples: Master Allowance/Offset Credit Purchase Agreement

Buyer Failure. If Buyer fails to schedule and/or receive all or part of the Product pursuant to a Transaction and such failure is not excused under the terms of the Product or by Seller’s failure to perform, Section 3.4 or Section 3.5, then Buyer shall pay Seller, within fifteen five (155) days Business Days of invoice receipt, an amount for such deficiency equal to the positive difference, if any, obtained by subtracting the Sales Price from the Contract Price for the Quantity not DeliveredPrice. The invoice for such amount shall include a written statement explaining in reasonable detail the calculation in reasonable detailof such amount.

Appears in 1 contract

Samples: Power and Gas Master Agreement

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Buyer Failure. If Buyer fails to receive affirmatively accept all or part of the Product pursuant to a Transaction and such failure is not excused under the terms of the Product or by Seller’s failure to perform, perform under Section 3.4 or Section 3.5, then Buyer shall pay Seller, within fifteen (15) days of invoice receipt, an amount for such deficiency equal to the positive differenceContract Price minus the Resale Price, if any, obtained by subtracting and to the Sales extent the Resale Price from is less than the Contract Price for Price, with the resulting difference multiplied by the Quantity not Delivered. The invoice shall include a written statement explaining the calculation in reasonable detail.

Appears in 1 contract

Samples: Master Allowance/Offset Credit Purchase Agreement

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