Common use of Right to Equitable Adjustment Clause in Contracts

Right to Equitable Adjustment. If Buyer does not require correction or replacement of defective or nonconforming supplies or Seller is not obligated to correct or replace by reason of paragraph (g) below, Buyer shall be entitled to an equitable reduction in the price of such supplies. The parties shall negotiate to reach an agreement on an equitable adjustment. Failure to agree to such an equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Order entitled “Disputes”.

Right to Equitable Adjustment. If Buyer does not require correction or replacement of defective or nonconforming supplies or Seller is not obligated to correct or replace by reason of paragraph (gf) below, Buyer shall be entitled to an equitable reduction in the price of such supplies. The parties shall negotiate to reach an agreement on an equitable adjustment. Failure to agree to such an equitable adjustment shall be a dispute concerning a question of fact within the meaning of the clause of this Order entitled “Disputes”.