Common use of Overages and Damaged Goods Clause in Contracts

Overages and Damaged Goods. (i) OVERAGES – Seller is responsible for the delivery of each item quantity within allowable variations, if any, as stated on the applicable agreement. If Seller delivers and BATTELLE receives quantities of any item in excess of the quantity called for (after considering any allowable variation in quantity), such excess quantities will be treated as being delivered for the convenience of Seller. If the Subaward authorizes variable quantities within a percentage range as an acceptable stated variable quantity or, if not so stated, otherwise delivers an extra quantity not ordered, Seller agrees that BATTELLE may retain such excess quantities up to $300 in value without compensating Seller therefor, and Seller waives all right, title, or interests therein. Seller agrees that it will not invoice for said extra quantities, or BATTELLE may credit any invoice for the overage. Overages in excess of $300 will, at BATTELLE’s option and sole discretion, either be returned to Seller at Seller's expense or retained and paid for by BATTELLE at the ordered unit price. BATTELLE will confirm with Seller the overage and request a Return Authorization. If Seller does not issue a Return Authorization and refuses to receive the overage to be return, BATTELLE will consider such action, a breach of contract and pursue a course for termination of the order or equity credit on invoice or setoff another order or agreement at its own election. If Seller refuses acceptance of the return shipment of the overage, BATTELLE may consider the overage as abandoned and may consider the disposition of the excess quantities as a surplus under its property disposition policy.