Short Delivery Clause Samples
The Short Delivery clause defines the procedures and consequences when a seller delivers less than the agreed quantity of goods under a contract. Typically, this clause outlines how shortages are identified, the buyer’s rights to reject or accept partial deliveries, and any adjustments to payment or obligations resulting from the shortfall. Its core function is to provide a clear framework for addressing and resolving situations where the full contracted amount is not supplied, thereby minimizing disputes and ensuring both parties understand their rights and remedies in the event of under-delivery.
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Short Delivery where delivery of the Products under the Contract is less than the quantity specified in the Order and the Purchaser has not exercised its rights of termination under Clause 8.3.4, the Purchaser may accept the Products and recover for the Supplier's breach for its failure to deliver the remainder of the Products or require the Supplier promptly to deliver sufficient Products which correspond to the Contract and comply with the quantity required; or
Short Delivery. In the event that ▇▇▇▇▇▇▇ notifies ▇▇▇▇▇▇▇▇ in writing with reference to this Section 7.5 of a Short Delivery and if ▇▇▇▇▇▇▇’▇ claim is confirmed, ▇▇▇▇▇▇▇ shall be entitled to require ▇▇▇▇▇▇▇▇ to deliver those quantities required to make up the Short Delivery using the commercially reasonable quickest possible way (but in any event no later than [****] at ▇▇▇▇▇▇▇ or at the location designated by ▇▇▇▇▇▇▇ in the Purchase Order from the date of the receipt of the written Short Delivery notice) at ▇▇▇▇▇▇▇▇’▇ cost and risk. The aforementioned rights and remedies are the sole and exclusive rights and remedies of ▇▇▇▇▇▇▇ in case of Short Delivery and all other rights and remedies are expressly excluded, unless ▇▇▇▇▇▇▇▇ acted in gross negligence or willful misconduct. Notwithstanding the foregoing, if more than [****] Short Deliveries occur within a certain [****] period, then ▇▇▇▇▇▇▇’▇ rights and remedies in respect of any Short Delivery thereafter within such [****] period shall not be limited by this Section 7.5 and such [****] or more Short Deliveries occurring in the same [****] period may collectively be considered a material breach of this Agreement and, provided that ▇▇▇▇▇▇▇▇ acted culpably, ▇▇▇▇▇▇▇ shall have the right to seek damages for any such Short Delivery not cured by ▇▇▇▇▇▇▇▇ pursuant to this Section 7.5; provided, however, that (i) if ▇▇▇▇▇▇▇ has not notified ▇▇▇▇▇▇▇▇ of such breach in writing at the latest by the end of the [****] period following the occurrence of the [****] Short Delivery, or (ii) in the event a Short Delivery is the result of a Force Majeure Event or the Parties otherwise agree in writing to not count a Short Delivery towards the [****] Short Delivery threshold described above, the Parties shall not consider such Short Delivery for the purposes of determining ▇▇▇▇▇▇▇’▇ rights and remedies set forth in this sentence.
Short Delivery. Siegfried Hameln is responsible for delivering the agreed number of vials of Finished Product as set forth in Section 5.1, based on the Yield, according to each Purchase Order.
Short Delivery. IF the vendor shall be prevented from delivering the stipulated number of stock owing to disease, death or other cause outside his reasonable control the vendor shall be under no liability to the purchaser
Short Delivery. 18.1. A claim that a delivery of Product was not of the kind or quantity of Product ordered is not valid unless advised in writing (with reasonable details) to SE within 7 business days after the supply was first available for inspection by the Customer or their agent.
18.2. Where there is an alleged shortfall the parties shall:
18.2.1. Endeavor and co-operate in investigating and resolving, if found, a shortfall;
18.2.2. If the parties cannot agree a resolution within 5 business days then SE shall arrange for the Product to be weighed and certified;
18.2.3. If a shortfall is found upon certification then SE shall make up the shortfall and bear the cost of the certification; however
18.2.4. If upon certification there is found no shortfall then the Customer shall bear all costs of the certification, including transport and delivery.
Short Delivery. TCMC shall have the right to satisfy any claim for short delivery by the shipment of Product conforming to the Replacement Specification.