Quantitative Deficiencies Sample Clauses
The Quantitative Deficiencies clause defines the procedures and consequences when the quantity of goods or materials delivered falls short of the agreed-upon amount in a contract. Typically, this clause outlines how shortages are measured, the process for notifying the supplier, and the remedies available, such as replacement, price adjustment, or rejection of the deficient shipment. Its core function is to ensure that both parties have a clear understanding of their rights and obligations in the event of under-delivery, thereby minimizing disputes and ensuring contractual expectations are met.
Quantitative Deficiencies. In the event Amarin determines there is a quantitative deficiency in any shipment, with respect to the API volumes indicated on the applicable Purchase Order(s), Amarin shall properly document such deficiency and notify Chemport thereof in writing. Upon such notice, Amarin may, at its option: (a) pay only for actual quantities delivered, or (b) pay only for actual quantities delivered and require Chemport to rectify any such deficiency by shipping the appropriate quantities of API to or as directed by Amarin, in which case Amarin shall be obligated to pay for any such additional quantities pursuant to the terms and conditions of this Agreement. Chemport shall use commercially reasonable efforts to rectify any such deficiency on a priority basis and deliver such additional quantities of API as soon as possible.
Quantitative Deficiencies. In the event Amarin determines there is a quantitative deficiency in any shipment, with respect to the API volumes indicated on the applicable Purchase Order(s), Amarin may: (i) pay only for actual quantities shipped; and (ii) require Equateq to rectify any such deficiency by shipping the appropriate quantities of API to or as directed by Amarin, in which case Amarin shall be obligated to pay for any such additional quantities pursuant to the terms and conditions of this Agreement. Equateq shall use commercially reasonable efforts to rectify any such deficiency, and shall ship such additional quantities of API as soon as possible.
Quantitative Deficiencies. Distributor shall notify MPL in writing of any claim relating to quantitative deficiencies from the applicable shipping documentation in any shipment of Licensed Products for which Distributor considers MPL to be responsible within fifteen (15) days following receipt of any such shipment. Any claim for a quantitative deficiency from the applicable shipping documentation that is not made within such fifteen (15) days shall be deemed to have been waived by Distributor and Distributor shall be obligated to make payment for such Licensed Products in accordance with Sections 5.06, 5.07 and 5.08 above. In the event Distributor determines there is a quantitative deficiency from the applicable shipping documentation, the Parties shall investigate such deficiency and, if the Parties agree that MPL is responsible for such deficiency, the Actual Quantity shall be adjusted to reflect the Parties' agreement; provided, however, that MPL shall have the option of rectifying any such deficiency that occurred prior to shipment by promptly shipping the appropriate quantities of Licensed Products, as the case may be, to Distributor, in which case the Actual Quantity shall be readjusted to include such shipment. Distributor's exclusive remedy for any quantitative deficiencies shall be to pay only for actual quantities shipped or, at MPL's option, receive the appropriate quantities, as provided herein.(1)
Quantitative Deficiencies. GWI shall inform Supplier of any ------------------------- claim relating to quantitative deficiencies in any shipment of Products within [*] following receipt of any shipment. In the event GWI determines there is a quantitative deficiency in any shipment, GWI shall, at its option:
(i) only pay for actual quantities delivered; or (ii) require Supplier to rectify any such deficiency by promptly shipping the appropriate quantities of any relevant Product to or as directed by GWI or a GWI Affiliate, in which case GWI shall be obligated to pay for any such quantities pursuant to the terms and conditions of this Agreement.
Quantitative Deficiencies. GSK shall inform Adolor of any claim relating to quantitative deficiencies in any shipment of Products within forty (40) days following receipt of any shipment. In the event GSK determines there is a quantitative deficiency in any shipment, with respect to the Product volumes indicated on the applicable Firm Order(s), GSK shall, at its option: (i) only pay for actual quantities delivered; or (ii) require Adolor to rectify any such deficiency by promptly shipping the appropriate quantities of any relevant Product to or as directed by GSK, in which case GSK shall be obligated to pay for any such quantities pursuant to the terms and conditions of this Agreement. Notwithstanding the foregoing, quantities actually shipped pursuant to a Firm Order may vary within the parameters established for the Products set forth in Section 3.5.1 to this Agreement and still be deemed to be in compliance with such Firm Order.
Quantitative Deficiencies. In the event Inspire determines there is a quantitative deficiency in any shipment, with respect to the API volumes indicated on the applicable Purchase Order(s), Inspire may: (i) pay only for actual quantities delivered; and (ii) require Novasep to rectify any such deficiency by shipping the appropriate quantities of API to or as directed by Inspire, in which case Inspire shall be obligated to pay for any such additional quantities pursuant to the terms and conditions of this Agreement. Novasep shall use best efforts to rectify any such deficiency on a priority basis, and shall deliver such additional quantities of API as soon as possible.
Quantitative Deficiencies. Myogen agrees to establish processes with the Customers to notify GSK in writing of any claim relating to quantitative deficiencies from the applicable shipping documentation in any shipment of Product for which Myogen considers GSK to be responsible within fifteen (15) calendar days following receipt of any such shipment. Any claim for a quantitative deficiency from the applicable shipping documentation that is not made within such fifteen (15) calendar days will be deemed to have been waived by Myogen and its Customers and Myogen will be obligated to make payment for such Product in accordance with Section 5.6 above. In the event Myogen determines there is a quantitative deficiency from the applicable shipping documentation, the Parties will investigate such deficiency and, if the Parties agree that GSK is responsible for such deficiency, the Actual Quantity will be adjusted to reflect the Parties' agreement; provided, however, that GSK will have the option of rectifying any such deficiency that occurred prior to shipment by promptly shipping the appropriate quantities of Product, as the case may be, to Myogen, in which case the Actual Quantity will be readjusted to include such shipment. Myogen's exclusive remedy for any quantitative deficiencies will be to pay only for actual quantities shipped or, at GSK's option, receive the appropriate quantities, as provided herein.