Product Stock Outages Sample Clauses

Product Stock Outages. Vendor’s Stock Outage and Backorder Policy is attached to this Contract as set forth in Attachment H. Product Backorder due to cancellations/backorders that are not created by the Vendor’s Contracted Supplier, will be considered a failure to perform by the Vendor, unless such failure to perform is subject to a Force Majeure as set forth in Section 33 of Article 4, and may be considered grounds for termination of this Contract. In addition to the policy in Attachment H, the Vendor agrees to utilize the following process in the event of a backorder situation due to a Vendor-created stock outage. • Immediate Notification Vendor will provide written notice to the MMCAP Members, MMCAP Member States and the MMCAP Office within forty eight (48) hours, of being notified by an applicable Manufacturer, of any Products covered by this Contract and that are on Manufacturer Backorder. Vendor’s backorder notification will include: o The Products placed on backorder status; o provided that Vendor has received such information from the applicable Manufacturer, (i) the expected timeline of the backorder, from the time the Products are added to the backorder status and (ii) the back order status of the Products will be removed; o the reason for the Product backorder, if Vendor knows the reason, and how the Vendor intends to resolve the backorder situation; o summary of the plan to obtain Product Substitutes during the backorder period.