Shipping Drum Bottleneck Sample Clauses

Shipping Drum Bottleneck. Notwithstanding the provisions of Section 2.5, Buyer acknowledges that Seller’s ability to supply the Product to Buyer at its location is dependent upon timely delivery of Shipping Drums to Seller in accordance with Section 3.3 hereof. Seller shall have no liability to Buyer for late or incomplete shipments under any Purchase Order due to Buyer’s failure to timely make available, deliver, or cause to deliver, an adequate quantity of Shipping Drums to enable Seller to fulfill such Purchase Order and any such late or incomplete shipments shall not constitute a Supply Shortfall hereunder. In the event that Buyer fails to make available, deliver or cause to deliver the Shipping Drums to Seller in accordance with the terms of this Agreement and Seller cannot make delivery of the Product under the terms of any Purchase Order, Buyer shall pay to Seller an inventory fee for the cost of storing such Product at Seller’s facilities until such time as the Shipping Drums are returned to Seller.
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