Common use of WEIGHT OF THE BOXES Clause in Contracts

WEIGHT OF THE BOXES. The prices and the penalties agreed herein are for boxes of bananas with the weight at origin indicated in Annex C for different qualities and presentations. If variations occurred in the weights and/or dimensions of the box, the prices, the volume of the boxes and the penalties will be adjusted proportionally with respect to the banana component and the services such as stowing and transportation to the ship, taking into account the new weight of the FRUIT, and regarding the materials, a proportional cost increase will be recognized. The parties will come to an agreement on the price and cost adjustments that may be needed before the implementation of any change, with the understanding that consent can not be denied as long as the adjustments take into account the additional costs that such changes represent, including the loss of any net profit (“fully costed Profit”) in the supply of materials that the SELLER might endure by virtue of the changes required by the BUYER. The obligation to consider the loss of any net profit in the supply of materials cannot be interpreted in a way that the BUYER ends up being obligated to refund the investments made by the SELLER or its affiliates, nor any other type of collateral or consequential damage endured by the SELLER or its affiliates.

WEIGHT OF THE BOXES. The prices and the penalties agreed herein upon in this Agreement are for boxes of bananas with the weight weight, at origin origin, indicated in Annex Exhibit C for the different qualities and presentations. If In case of the existence of variations occurred in the weights weight and/or dimensions of the boxboxes, the prices, the volume volumes of the boxes and the penalties will shall be proportionally adjusted proportionally with respect to the banana component component, and the services such as stowing loading and transportation transport to the ship, vessel taking into account the new weight of the FRUITFruit, and regarding the materials, a proportional cost increase will shall be recognizedrecognized with respect to the materials. The parties will come agree on the adjustments to an agreement on the price and cost adjustments that may be needed before shall arise prior to the implementation of any change, with the understanding that consent can the adjustments shall not be denied refused as long as the adjustments take into account the additional costs that such change or changes represent, including the loss of any net profit gain (“fully costed Profitprofit”) in the supply of materials that the SELLER might endure Seller may suffer by virtue of the changes required by the BUYERBuyer required. The obligation to consider the loss of any net profit gain in the supply of materials canshall not be interpreted in such a way manner that the BUYER ends up being Buyer shall be obligated to refund indemnify the Seller or its Affiliates for investments made by the SELLER or its affiliates, nor for any other type of collateral or consequential damage endured damages suffered by the SELLER Seller or its affiliatesAffiliates.