Common use of Terms and Conditions of Sale Clause in Contracts

Terms and Conditions of Sale. (a) In the event that any shipment of coke does not conform to the applicable specifications, the party discovering the nonconformity shall provide prompt written notice to the other party (and in any event, no later 14 days after the arrival of the train) of the nonconformity, which notice shall include copies of all analyses and other documentation describing and quantifying the nonconformity, and the parties shall promptly undertake negotiations in good faith to effectuate an appropriate disposition of the nonconforming material, which may include an equitable price adjustment. In the event that the parties are unable to agree to an appropriate disposition of the nonconforming material within fourteen (14) days, either party may submit such dispute for resolution in accordance with Section 4.3 hereof. (b) In the event of a conflict between the terms and conditions of this Agreement and the terms or conditions contained in any notice, shipment, specifications, purchase order, sales order, acknowledgement or other document which may be used in connection with the transactions contemplated by this Agreement, the terms and conditions of this Agreement shall supersede and govern, unless expressly waived in accordance with Section 4.16.

Terms and Conditions of Sale. (a) In the event that any shipment of coke does not conform to the applicable specifications, the party discovering the nonconformity shall provide prompt written notice to the other party (and in any event, no later 14 days after the arrival of the train) of the nonconformity, which notice shall include copies of all analyses and other documentation describing and quantifying the nonconformity, and the parties shall promptly undertake negotiations in good faith to effectuate an appropriate disposition of the nonconforming material, which may include an equitable price adjustment. In the event that the parties are unable to agree to an appropriate disposition of the nonconforming material within fourteen (14) days, either party may submit such dispute for resolution in accordance with Section 4.3 Article 4.2 hereof. (b) In the event of a conflict between the terms and conditions of this Agreement and the terms or conditions contained in any notice, shipment, specifications, purchase order, sales order, acknowledgement or other document which may be used in connection with the transactions contemplated by this Agreement, the terms and conditions of this Agreement shall supersede and govern, unless expressly waived in accordance with Section 4.16Article 4.14.

Terms and Conditions of Sale. (ai) In the event that any shipment of coke Coke does not conform to the applicable specifications, the party Party discovering the nonconformity shall will provide prompt written notice to the other party Party (and in any event, no later 14 within two days after the arrival of the trainshipment) of the nonconformity, which notice shall will include copies of all analyses and other documentation describing and quantifying the nonconformity, and the parties shall Parties will promptly undertake negotiations in good faith to effectuate an appropriate disposition of the nonconforming material, which may include an equitable price adjustment. In the event that the parties Parties are unable to agree to an appropriate disposition of the nonconforming material within fourteen (14) 14 days, either party Party may submit such dispute for resolution in accordance with Section 4.3 hereof13 of the Agreement. (bii) In the event of a conflict between the terms and conditions of this Agreement Exhibit D and the terms or conditions contained in any notice, shipment, specifications, purchase order, sales order, acknowledgement or other document which may be used in connection with the transactions contemplated by this AgreementExhibit D, the terms and conditions of this Agreement shall Exhibit D will supersede and govern, unless expressly waived in accordance with Section 4.1621 of the Agreement.

Terms and Conditions of Sale. (a) In the event that any shipment of coke Coke does not conform to the applicable specifications, the party Party discovering the nonconformity shall will provide prompt written notice to the other party Party (and in any event, no later 14 within two (2) days after the arrival of the trainshipment) of the nonconformity, which notice shall will include copies of all analyses and other documentation describing and quantifying the nonconformity, and the parties shall Parties will promptly undertake negotiations in good faith to effectuate an appropriate disposition of the nonconforming material, which may include an equitable price adjustment. In the event that the parties Parties are unable to agree to an appropriate disposition of the nonconforming material within fourteen (14) days, either party Party may submit such dispute for resolution in accordance with Section 4.3 ARTICLE 4 hereof. (b) In the event of a conflict between the terms and conditions of this Agreement and the terms or conditions contained in any notice, shipment, specifications, purchase order, sales order, acknowledgement or other document which may be used in connection with the transactions contemplated by this Agreement, the terms and conditions of this Agreement shall will supersede and govern, unless expressly waived in accordance with Section 4.1611.5.