Common use of PURCHASE OF SUPPLIES Clause in Contracts

PURCHASE OF SUPPLIES. If Seller acquires raw materials or supplies which are unique to the production of Products and which are not customarily used in the production of other bakery items by Seller (the "Supplies), and the Supplies are not used in the production of Products ordered by Buyer during the shelf life of the Supplies, and the Supplies cannot be used by Seller in the manufacture of other bakery items in the normal course of Seller's business, Buyer shall pay to Seller the actual costs of the Supplies not used by Seller and all expenses incurred by Seller in the storage and any disposal thereof. In addition, if Seller has produced Products to fill an order received from Buyer pursuant to Paragraph 5(b) hereof, and Buyer does not call for delivery of the same before the expiration of the shelf life thereof, Seller shall destroy the same and invoice Buyer for the price with respect thereto.

PURCHASE OF SUPPLIES. If Seller acquires raw materials or supplies which are unique to the production of Products and which are not customarily used in the production of other bakery items by Seller (the "Supplies'), and the Supplies are not used in the production of Products ordered by Buyer during the shelf life of the Supplies, and the Supplies cannot be used by Seller in the manufacture of other bakery items in the normal course of Seller's business, Buyer shall pay to Seller the actual costs of the Supplies not used by Seller and all expenses incurred by Seller in the storage and any disposal thereof. In addition, if Seller has produced Products to fill an order received from Buyer pursuant to Paragraph 5(b6 (b) hereof, and Buyer does not call for delivery of the same before the expiration of the shelf life thereof, Seller shall destroy the same and invoice Buyer for the price with respect thereto.