Wholesaler Created Stock Outages Sample Clauses

Wholesaler Created Stock Outages. 1. Backorders due to Wholesaler created Stock Outages will be fulfilled in accordance with the goals specified in Table 4.5E: Wholesaler Created Stock Outage.
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Wholesaler Created Stock Outages. Wholesaler created Stock Outages, meaning Products ordered but not delivered due to Wholesaler’s “at- fault” inability to fulfill, will be considered a service failure in the adherence to inventory sufficiency requirements and may be considered grounds for termination of the contract. One remedy available to an ordering MMCAP Participating Facility for a Wholesaler created Stock Outages will include requirements for the Wholesaler to provide Products ordered but not delivered within three (3) business days following the request by the MMCAP Participating Facility to the Wholesaler’s customer service, subject to Next Scheduled Delivery Day limitations imposed by the manufacturer. If Product is transferred from an alternative facilities in order to resolve a Wholesaler created stock outage at the distribution center where the Product was ordered, the Wholesaler will not be allowed to charge fees attributable to the Product transfer. The Wholesaler is required to work with MMCAP Participating Facilities to fast-track Product delivery on a case-by-case basis, subject to applicable state Pedigree requirements. As part of the fast-track process, upon request, Wholesaler will instruct the manufacturer to ship directly to the MMCAP Participating Facility for Next Day Delivery if the Product is available from manufacturer and deemed critical by the MMCAP Participating Facility. Any supplier/manufacturer imposed fees or fees to expedite orders for MMCAP Contract Product drop-shipments will be borne by the Wholesaler, for instances of a Wholesaler created Stock Outages. Another remedy available to an ordering MMCAP Participating Facility if the Wholesaler fails to make prompt shipment of MMCAP Contract Products due to Wholesaler created Stock Outages is a failure to supply claim. Table 4.5 Wholesaler Created Stock Outage provides for response time goals and at what point a MMCAP Participating Facility could pursue a failure to supply claim, based on an opt-in election.
Wholesaler Created Stock Outages 

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