Quantity Variance. With respect to the original quantity required by the Buyer as mentioned in section 3.1, the Buyer may, at its sole and absolute discretion, increase or decrease the amount of such original quantity by an amount which is not greater than 30% of the original quantity by providing 7 days in advanced written (electronic or printable) notice to the Supplier at any time during the contractual period. For the increased/decreased quantity of items/goods, the Supplier shall not claim a higher rate, and shall provide the commodities at the rates initially quoted by the Supplier. Any original quantity, which has been so adjusted, shall become the adjusted quantity. The notice of adjustment shall become effective on the date, which is 14 days after the date of such notice of adjustment. Upon effectiveness of such notice of adjustment, the portion of the adjusted quantity will be delivered by mutual agreement of the parties. If the actual quantity of Items delivered is less than 30% of the original quantity or adjusted quantity, as applicable, within specifically agreed delivery schedule, the event shall be deemed to be a default under this Agreement, provided however, the application of section 9.1 Force Majeure will be considered an exception.
Appears in 2 contracts
Sources: Supply Agreement, Supply Agreement
Quantity Variance. (a) With respect to the original quantity required by the Buyer as mentioned in section 3.1, the Buyer may, at its sole and absolute discretion, increase or decrease the amount of such original quantity by an amount which is not greater than 30% of the original quantity by providing 7 days in advanced written (electronic or printable) notice to the Supplier at any time during the contractual period. For the increased/decreased quantity of items/goods, the Supplier shall not claim a higher rate, and shall provide the commodities at the rates initially quoted by the Supplier. .
(b) Any original quantity, which has been so adjusted, shall become the adjusted quantity. The notice of adjustment shall become effective on the date, which is 14 days after the date of such notice of adjustment. Upon effectiveness of such notice of adjustment, the portion of the adjusted quantity will be delivered by mutual agreement of the parties. .
(c) If the actual quantity of Items delivered is less than 30% of the original quantity or adjusted quantity, as applicable, within specifically agreed delivery schedule, the event shall be deemed to be a default under this Agreement, provided however, the application of section 9.1 Force Majeure will be considered an exception.
Appears in 1 contract
Sources: Supply Agreement