Quantity Variance. With respect to the original quantity required by the Buyer as mentioned in section 3.1, the Buyer may, at its sole and absolute discretion, increase or decrease the amount of such original quantity by an amount which is not greater than 30% of the original quantity by providing 7 days in advanced written (electronic or printable) notice to the Supplier at any time during the contractual period. For the increased/decreased quantity of items/goods, the Supplier shall not claim a higher rate, and shall provide the commodities at the rates initially quoted by the Supplier. Any original quantity, which has been so adjusted, shall become the adjusted quantity. The notice of adjustment shall become effective on the date, which is 14 days after the date of such notice of adjustment. Upon effectiveness of such notice of adjustment, the portion of the adjusted quantity will be delivered by mutual agreement of the parties. If the actual quantity of Items delivered is less than 30% of the original quantity or adjusted quantity, as applicable, within specifically agreed delivery schedule, the event shall be deemed to be a default under this Agreement, provided however, the application of section 9.1 Force Majeure will be considered an exception.
Quantity Variance. (a) With respect to each Original Annual Quantity, DCC may, at its sole and absolute discretion, increase or decrease the amount of such Original Annual Quantity by an amount which is no greater than [****]% of such Original Annual Quantity by providing advanced written notice (the “Notice of Adjustment”) to Buyer. Any Original Annual Quantity which has been so adjusted shall become the “Adjusted Annual Quantity”. The Notice of Adjustment shall become effective on the date which is [****] months after the date of such Notice of Adjustment. Upon effectiveness of such Notice of Adjustment, that portion of the Adjusted Annual Quantity remaining to be Delivered as of such effective date shall be equitably adjusted by mutual agreement of the parties, provided however, in the absence of mutual agreement, that portion of the Adjusted Annual Quantity then remaining to be delivered shall be equally divided among the calendar months remaining in such calendar year. Any Original Monthly Quantity which has been so adjusted shall become the “Adjusted Monthly Quantity”.
(b) If the actual quantity of Products Delivered is less than [****]% of the Original Monthly Quantity or Adjusted Monthly Quantity, as applicable, then remedial measures in respect of such deficiency shall be discussed between DCC and Buyer pursuant to which DCC and Buyer shall find an amicable solution to such deficiency, including rolling over the deficient quantity to one or more subsequent Deliveries. In no event shall such deficiency be deemed to be a default under this Agreement, provided however, DCC shall have exerted [****] efforts to Deliver the Original Monthly Quantity or Adjusted Monthly Quantity, as applicable.
Quantity Variance. If the monthly quantity shipped by Sanyo of each Wafer and/or Device ordered by Xicor is within +/- 5 percent of the quantity ordered, such quantity shall constitute compliance with Xicor's order. Over shipments may be accepted at Xicor's discretion, in which case the respective quantity of such over shipment may be subtracted from the following months' quantity. Any under shipment may, at Xicor's discretion, be added to the following months Order.
Quantity Variance. Unless otherwise approved by the Buyer, or unless material and/or parts were supplied by the Buyer, the Seller shall provide the exact quantities specified in the order. Overage received without prior approval shall be returned at Seller's expense or accepted by the Buyer as excess material at no charge.
Quantity Variance. All orders will be shipped +/- 10% unless previously agreed to by Seller in writing.
Quantity Variance. Because of the difficulty in manufacturing and/or packing a specific or definite number of pieces or units of a Product, Seller estimates (by weight) the number of pieces in an order for a particular Product. Because of this manner of estimating the number or pieces of any particular Product in a container, such as a box or a bag, Buyer acknowledges and agrees that the Seller may be allowed a 5% over-or-under run leeway on the quantities of a Product called for by any order unless otherwise agreed upon at the time the order is accepted.
Quantity Variance. All orders sold in Feet, Meters, inches etc. will be shipped +/- 10% unless previously agreed to by Seller in writing.
