Failure to Fulfill. If a product is purchased by an OETC member from a valid price list and cannot be fulfilled for any reason by the Contractor or its designated Fulfillment Agents, an equivalent or better product will be substituted at no-additional cost to the OETC Member.
Failure to Fulfill. If a product is purchased by an OETC member from a valid price list and the purchase order has been accepted by Extreme, if the order cannot be fulfilled for any reason by the Contractor or its designated Fulfillment Agents, an equivalent product will be substituted and shipped to the OETC Member.
Failure to Fulfill. If any of the suspensive conditions are not fulfilled or duly waived by agreement between the Parties, within 14 days following the Signature Date, or such later date as the Parties may have agreed in writing, or the conditions attaching to any waiver or deferral are not met in accordance with its terms, this Agreement will not come into effect, all negotiations relating to this Agreement shall be terminated and no Party will have any claim against the other as a result of the suspensive conditions not having been fulfilled or duly waived save for any claim arising from a breach of Clause 3.2.2.
Failure to Fulfill. If a product is purchased by an OETC member from a valid price list and cannot be fulfilled for any reason by the Contractor or its designated Fulfillment Agents, Contractor will, at Contractor’s sole option, provide a refund or an equivalent or better product will be substituted at no additional cost to the OETC Member.
Failure to Fulfill. If Vendor cannot ship a Product in a manner that meets the requirements set forth herein, Vendor shall notify the Company on the day that such order was to be shipped. Vendor shall relate the reasons for any delay and the projected delivery date. Vendor agrees that if a Product is not shipped to the Customer within the timeframe set forth in the Drop Ship Agreement, without limiting the Company’s other rights and remedies as set forth herein, the Company reserves the right to charge back to Vendor any shipping charges credited to the Customer, and Vendor shall ship such Product to the Customer at Vendor’s expense via overnight mail with an approved carrier no later than the day after the date that such shipment should have been made in accordance with the Order Information.
