Common use of Performance Warranty for Direct Purchases and Services Clause in Contracts

Performance Warranty for Direct Purchases and Services. For purchases made directly from Vendor (if any), Vendor represents and warrants that it shall maintain sufficient inventory and transportation arrangements to comply with the delivery time and the Required Fill Rate stated in this Agreement. Further, for Services provided by Vendor, Vendor represents and warrants that it shall comply with the performance time, if any, stated in this Agreement or permitted Purchaser-Specific Agreement. In any instance where Vendor anticipates that it will not be able to comply with the delivery time and/or the Required Fill Rate for Products, or the performance time for Services, Vendor shall promptly attempt to resolve the issue to each affected Purchaser’s reasonable satisfaction, which may include Purchaser’s acceptance of alternative delivery or performance dates or, with respect to Products, the provision of an acceptable substitute from Vendor at the same or lower price as the unavailable Product. Without limiting the cancellation rights set forth in Section 7.4 (Cancellation of Orders), where Vendor is unable to comply with the foregoing performance warranty, Purchaser shall also have the right to order a substitute product or services from another supplier, in which case Vendor shall reimburse Purchaser for any cost incurred (including freight, as applicable) in excess of the cost Purchaser would have paid for Vendor’s unfulfilled order. Notwithstanding any provision to the contrary contained in this Agreement, Vendor shall be responsible for paying additional costs, if any, for expediting shipment to meet the delivery obligations stated in this Agreement, including Products subject to a backorder, or to meet its performance obligations.

Performance Warranty for Direct Purchases and Services. For purchases made directly from Vendor (if any), Vendor represents and warrants that it shall maintain sufficient inventory and transportation arrangements to comply with the delivery time and the Required Fill Rate stated in this Agreement. Further, for Services provided by Vendor, Vendor represents and warrants that it shall comply with the performance time, if any, stated in this Agreement or permitted Purchaser-Specific Agreement. In any instance where Vendor anticipates that it will not be able to comply with the delivery time and/or the Required Fill Rate for Products, or the performance time for Services, Vendor shall promptly attempt to resolve the issue to each affected Purchaser’s reasonable satisfaction, which may include Purchaser’s acceptance of alternative delivery or performance dates or, with respect to Products, the provision of an acceptable substitute from Vendor at the same or lower price as the unavailable Product. Without limiting the cancellation rights set forth in Section 7.4 7.3 (Cancellation of Orders), where Vendor is unable to comply with the foregoing performance warranty, Purchaser shall also have the right to order a substitute product or services from another supplier, in which case Vendor shall reimburse Purchaser for any cost incurred (including freight, as applicable) in excess of the cost Purchaser would have paid for Vendor’s unfulfilled order. Notwithstanding any provision to the contrary contained in this Agreement, Vendor shall be responsible for paying additional costs, if any, for expediting shipment to meet the delivery obligations stated in this Agreement, including Products subject to a backorder, or to meet its performance obligations.

Performance Warranty for Direct Purchases and Services. For purchases made directly from Vendor (if any), Vendor represents and warrants that it shall maintain sufficient inventory and transportation arrangements to comply with the delivery time and the Required Fill Rate stated in this Agreement. Further, for Services provided by VendorVendor (if any), Vendor represents and warrants that it shall comply with the performance time, if any, stated in this Agreement or permitted Purchaser-Specific Agreement. In any instance where Vendor anticipates that it will not be able to comply with the delivery time and/or the Required Fill Rate for Products, or the performance time for Services, Vendor shall promptly attempt to resolve the issue to each affected Purchaser’s reasonable satisfaction, which may include Purchaser’s acceptance of alternative delivery or performance dates or, with respect to Products, the provision of an acceptable substitute from Vendor at the same or lower price as the unavailable Product. Without limiting the cancellation rights set forth in Section 7.4 7.3 (Cancellation of Orders), where Vendor is unable to comply with the foregoing performance warranty, Purchaser shall also have the right to order a substitute product or services from another supplier, in which case Vendor shall reimburse Purchaser for any cost incurred (including freight, as applicable) in excess of the cost Purchaser would have paid for Vendor’s unfulfilled order. Notwithstanding any provision to the contrary contained in this Agreement, Vendor shall be responsible for paying additional costs, if any, for expediting shipment to meet the delivery obligations stated in this Agreement, including Products subject to a backorder, or to meet its performance obligations.