Common use of Determination of Quantity and Quality Clause in Contracts

Determination of Quantity and Quality. The quantity and quality of Products sold hereunder shall be for all purposes conclusively deemed to be the quantity and quality set forth in Global’s documents of delivery unless: (a) Distributor gives Global notice of Distributor’s claims within: (1) Forty-eight (48) hours after delivery for shortages in quantity of Product; or (2) Ninety-six (96) hours after delivery (or discovery in the case of any latent defect) for quality deficiencies; and (b) Distributor provides Global with reasonable opportunity to inspect the Products and take test samples; and (c) For quality defects Distributor establishes that the defect existed prior to delivery to Distributor. Time is of the essence in complying with this Section 18. Distributor’s notice of quantity or quality claims should be sent to: Global Companies LLC, ▇▇▇ ▇▇▇▇▇ ▇▇▇▇▇▇, ▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇, ▇▇ ▇▇▇▇▇, Attn: Branded Wholesaler Manager.