Common use of Material Supply Clause in Contracts

Material Supply. 10.1 Where the Customer orders a particular brand of product and the product is not available, the Company may in its absolute discretion supply another product with identical or similar properties to that which was ordered (Equivalent) and the Customer will be obliged to accept and pay for the Equivalent as if the ordered brand of product had been supplied. The Company will not be under any obligation to notify the Customer of such occurrence. The Customer should note that the use of colour names in any Company document indicate no more than the colour or product supplied or its equivalency. 10.2 Subclause 10.1 will not apply in circumstances where the Customer has given the Company notice in writing stating that the Customer will only accept products bearing the brands or trademarks specified in its orders.

Material Supply. 10.1 Where the Customer orders a particular brand of product and the product is not available, the Company may in its absolute discretion supply another product with identical or similar properties to that which was ordered (Equivalent) and the Customer will be obliged to accept and pay for the Equivalent as if the ordered brand of product had been supplied. The Company will not be under any obligation to notify the Customer of such occurrence. The Customer should note that the use of colour names in any Company document indicate no more than the colour or product supplied or its equivalency. 10.2 Subclause Clause 10.1 will not apply in circumstances where the Customer has given the Company notice in writing stating that the Customer will only accept products bearing the brands or trademarks specified in its purchase orders.