SHORTAGES AND DAMAGES. Supplier will maintain complete and accurate records of the inventory of its Merchandise at each Store and make that information available to Filene's. At the time of each Annual Inventory (as defined below), Filene's, at Supplier's expense, shall arrange for having an inventory to be taken of Supplier's Merchandise at the same time of Filene's scheduled year-end physical inventory (the "Annual Inventory"). Supplier, at its expense, may have a representative observe the taking of the Annual Inventory. In the event that the Annual Inventory shows shrinkage in Merchandise in excess of two and seven-tenths percent (2.7%) of annual Net Sales ("Allowable Shrink"), Filene's will pay to Supplier 50% of the retail value (as listed in Supplier's inventory retail stock ledger) of that shrinkage amount which exceeds the Allowable Shrink (less any insurance proceeds payable to Supplier with respect to such loss) within thirty (30) days of the date of the Annual Inventory.
SHORTAGES AND DAMAGES. 10.1. The Customer will inspect the Goods on delivery.
SHORTAGES AND DAMAGES. Section 8 of the Agreement shall be amended by adding the following provisions as Sections 8.2. and 0.0.0.:
SHORTAGES AND DAMAGES. Supplier will maintain complete and accurate records of the inventory of its Merchandise at each Covered Store and make that information available to Sxxxx Mart on a monthly basis and at the time of each Annual Inventory. Sxxxx Mart at Supplier’s expense shall arrange for having an inventory taken (the “Annual Inventory”) of Merchandise provided by Supplier each year at the time of Sxxxx Mart’s scheduled year-end physical inventory. Supplier, at its expense, may have a representative observe the taking of the Annual Inventory. In the event that the Annual Inventory shows shrinkage in Merchandise provided by Supplier in excess of such percent as they agree upon from time to time of the retail value of Merchandise sold by Sxxxx Mart (calculated in the aggregate as to all Covered Stores for the period in question), Sxxxx Mart will pay to the Supplier such percent as the parties agree upon from time to time of the verified, actual retail value of such shrinkage in excess of that threshold (less any insurance proceeds available to Supplier with respect to such loss) within ninety days of the date of the Annual Inventory. Upon request by Sxxxx Mart, Supplier’s independent certified public accountants shall certify to Sxxxx Mart the accuracy of the amount of shrinkage shown on Supplier’s records following the Annual Inventory; provided, however, that if such certification confirms the accuracy of Supplier’s statement of shrinkage, the reasonable costs of such certification shall be paid by Sxxxx Mart.
SHORTAGES AND DAMAGES. 7.1 The Customer will notify any damage, defect or shortage in respect of the goods to Brabantia, in writing, within 10 days of delivery, failing which all liability on Brabantia’s part in respect of such shortage, damage or defect is excluded.
SHORTAGES AND DAMAGES. If a shortage occurs in any shipment received from Seller, Buyer will notify Seller's Customer Service Department within three business days for a credit or replacement product. Otherwise, the order will be considered complete. Seller provides assistance with filing claims for loss or damaged product. Buyer to retain all packing materials and containers for possible inspection by the carrier.
