Short Supply. (a) In the event of part or all of Afrox’s supply of Factored Products from their Product Source being interrupted for any reason then for the duration of the period Afrox is affected by such cause Afrox may (where possible) obtain such Factored Products from another source, in which case Afrox reserves the right to implement a surcharge for the duration of the affected period to recover its additional costs, such additional costs to be notified to the Customer in advance. If the Customer objects to such price increase, then Afrox shall cease supplying the relevant Factored Products for the remainder of such period of interruption, but this shall not be deemed to be a failure or inability to supply for the purposes of the remainder of this Agreement. In the event that Afrox is unable to find an alternative source of the Factored Products then Afrox’s obligation to supply the relevant Factored Products shall be deemed to be suspended for the duration of the interruption. This Clause shall not prejudice any rights the Customer may have under Clause 18(c). For the avoidance of doubt this suspension shall not be deemed to be a failure by Afrox to supply but it shall be an inability to supply allowing the Customer to exercise its rights (where relevant) under Clause 2(b) above.
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Samples: www.linde-gas.es, www.afroxshop.co.za, www.afroxshop.co.za
Short Supply. (a) In the event of part or all of Afrox’s supply of Factored Products from their Product Source being interrupted for any reason then for the duration of the period Afrox is affected by such cause Afrox may (where possible) obtain such Factored Products from another source, in which case Afrox reserves the right to implement a surcharge for the duration of the affected period to recover its additional costs, such additional costs to be notified to the Customer in advance. If the Customer objects to such price increase, then Afrox shall cease supplying the relevant Factored Products for the remainder of such period of interruption, interruption but this shall not be deemed to be a failure or inability to supply for the purposes of the remainder of this Agreement. In the event that Afrox is unable to find an alternative source of the Factored Products then Afrox’s obligation to supply the relevant Factored Products shall be deemed to be suspended for the duration of the interruption. This Clause shall not prejudice any rights the Customer may have under Clause 18(c). For the avoidance of doubt this suspension shall not be deemed to be a failure by Afrox to supply but it shall be an inability to supply allowing the Customer to exercise its rights (where relevant) under Clause 2(b) above.
Appears in 2 contracts
Samples: static.prd.echannel.linde.com, static.prd.echannel.linde.com
Short Supply. (a) a. In the event of part or all of Afrox’s supply of Factored Products from their Product Source being interrupted for any reason then for the duration of the period Afrox is affected by such cause Afrox may (where possible) obtain such Factored Products from another source, in which case Afrox reserves the right to implement a surcharge for the duration of the affected period to recover its additional costs, such additional costs to be notified to the Customer in advance. If the Customer objects to such price increase, then Afrox shall cease supplying the relevant Factored Products for the remainder of such period of interruption, but this shall not be deemed to be a failure or inability to supply for the purposes of the remainder of this Agreement. In the event that Afrox is unable to find an alternative source of the Factored Products then Afrox’s obligation to supply the relevant Factored Products shall be deemed to be suspended for the duration of the interruption. This Clause shall not prejudice any rights the Customer may have under Clause 18(c). For the avoidance of doubt this suspension shall not be deemed to be a failure by Afrox to supply but it shall be an inability to supply allowing the Customer to exercise its rights (where relevant) under Clause 2(b) above.
Appears in 1 contract
Samples: General Terms
Short Supply. (a) In the event of part or all of Afrox’s supply of Factored Products from their Product Source being interrupted for any reason then for the duration of the period Afrox is affected by such cause Afrox may (where possible) obtain such Factored Products from another source, in which case Afrox reserves the right to implement a surcharge for the duration of the affected period to recover its additional costs, such additional costs to be notified to the Customer in advance. If the Customer objects to such price increase, then Afrox shall cease supplying the relevant Factored Products for the remainder of such period of interruption, interruption but this shall not be deemed to be a failure or inability to supply for the purposes of the remainder of this Agreement. In the event that Afrox Xxxxx is unable to find an alternative source of the Factored Products then Afrox’s obligation to supply the relevant Factored Products shall be deemed to be suspended for the duration of the interruption. This Clause shall not prejudice any rights the Customer may have under Clause 18(c). For the avoidance of doubt this suspension shall not be deemed to be a failure by Afrox to supply but it shall be an inability to supply allowing the Customer to exercise its rights (where relevant) under Clause 2(b) above.
Appears in 1 contract
Samples: static.prd.echannel.linde.com
Short Supply. (a) In the event of part or all of AfroxAWC’s supply of Factored Products from their Product Source being interrupted for any reason then for the duration of the period Afrox AWC is affected by such cause Afrox AWC may (where possible) obtain such Factored Products from another source, in which case Afrox AWC reserves the right to implement a surcharge for the duration of the affected period to recover its additional costs, such additional costs to be notified to the Customer in advance. If the Customer objects to such price increase, then Afrox AWC shall cease supplying the relevant Factored Products for the remainder of such period of interruption, but this shall not be deemed to be a failure or inability to supply for the purposes of the remainder of this Agreement. In the event that Afrox AWC is unable to find an alternative source of the Factored Products then AfroxAWC’s obligation to supply the relevant Factored Products shall be deemed to be suspended for the duration of the interruption. This Clause shall not prejudice any rights the Customer may have under Clause 18(c). For the avoidance of doubt this suspension shall not be deemed to be a failure by Afrox AWC to supply but it shall be an inability to supply allowing the Customer to exercise its rights (where relevant) under Clause 2(b) above.
Appears in 1 contract
Samples: www.africanweldingco.co.za