Common use of QUANTITY CLAIMS Clause in Contracts

QUANTITY CLAIMS. (a) Any quantity claim must be submitted within 6 calendar months from the date of shipment from the place or port of landing. Unless otherwise agreed in writing, any quantity claim must be sent to the Seller by email, registered mail or courier (for example, FedEx, UPS, Airborne Express, or similar). (b) Any quantity claim must be notified in accordance with Clause 16.7 and submitted in one original and shall contain the following information: (i) number of the Specification to which it relates; (ii) number of pieces or weight of the Material in the respect on which the quantity claim is submitted; (iii) reference to the relevant shipping documents, e.g. B/L, FCR, CMR, invoice packing list; (iv) the marking of the Material; and (v) a detailed description of the alleged non-conformities of the Material. (c) Any quantity claim must be supported by the following documents: (i) copy of the calibration certificate of weighing machinery at the place or port of discharge, if weight is used to measure quantity and if requested by the Seller, all the aforementioned documents shall be presented in or translated into English, unless said documents were provided by Seller; Seller provided documents may be presented in English or in whatever language the Seller provides them to the Buyer. (d) In the event of a proven difference between the invoiced and the received Material weight, a deductible franchise of 0.5% will be applicable. Only a difference outside of the deductible franchise can be reimbursed and shall give the Buyer rise to a claim. Such quantity claim will be settled through the submission of a respective debit note to the Seller. The relevant debit note will be settled within 30 calendar days after receiving the relevant debit note in case of Buyer’s claim is raised within above stated time period and it is supported by required documents. The Parties will reflect their agreement in a pertinent settlement agreement or the Buyer may deduct such an amount from any invoice. (e) Should the Seller dispute any difference in quantity and such difference is outside of 0.5% of the franchise, the Seller shall inform the Buyer accordingly and the Parties shall—after the presentation of the claim by the Buyer—jointly endeavour to resolve the dispute. Each party shall document their evidence but the Buyer shall be entitled to process, sell, and ship the Material in dispute before the dispute is resolved. (f) Should the Buyer fail to notify a quantity claim within the time limits stipulated in this Agreement, then the claim shall be deemed forfeited and the Seller shall be relieved from any and all responsibilities in relation thereto. The Buyer cannot claim on any other insurance policy of the Seller for recovery of such precluded claim. (g) Any quantity claims as regards to the Material delivered under this Agreement, and/or any losses and damages in conjunction with this Agreement incurred by the Buyer which may arise out of performance of this Agreement shall not, subject only to the circumstances set out in paragraph (d) above, entitle the Buyer to fully or partially reject the Seller’s invoice, to delay payment or to make any deduction, i.e. the total invoiced amount due to the Seller shall be paid in full without deduction, withholding or set off.