Partial Shipment. In the event SELLER anticipates delivery of a quantity less than that required in a Purchase Order, SELLER shall promptly notify BUYER of such event whereupon BUYER may, in its sole discretion, (i) reject the partial delivery; or (ii) accept the partial delivery; provided, however, that in any case SELLER shall bear all extra costs resulting from such partial shipment and shall be liable towards BUYER for all costs and damages without prejudice to any other rights accruing under this Agreement or in law. For the avoidance of doubt, in the event BUYER rejects a partial delivery, BUYER shall arrange for the return of the partial delivery to SELLER at SELLER’s cost and expense in a transport manner comparable to the delivery transport manner; provided, that in such event, BUYER shall have no liability for any damage or loss incurred in connection with the return of the partial delivery.
Appears in 3 contracts
Sources: Master Purchase Agreement, Master Purchase Agreement (Novaled AG), Master Purchase Agreement (Novaled AG)