Commercially Unavailable definition

Commercially Unavailable means an OPT-Certified Operation demonstrates to the Certifier that it cannot timely purchase an animal with the Operation’s Animal Attributes.
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Commercially Unavailable. A particular item is Commercially Unavailable if, at the time the order for such item is received by AEC or during the process of such order being fulfilled, such item is not in the inventory of AEC (at AEC's sole commercial discretion) and (a) is no longer manufactured; (b) is not reasonably available to AEC from the company that releases such product; or (c) has been deleted from the catalog of the company that releases such items. To the extent such a product is Commercially Unavailable and COMPANY can assist in AEC achieving availability, and AEC requests such assistance, COMPANY shall use its good faith efforts to so assist.
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Commercially Unavailable. A particular item is Commercially Unavailable if, at the time the order for such item is received by AEC or during the process of such order being fulfilled, such item is not in the inventory of AEC (at AEC's sole commercial discretion) and 9a) is no longer manufactured; (b) is not reasonably available to AEC from the company that releases such product; or (c) has been deleted from the catalog of the company that releases such items. To the extent such a product is Commercially Unavailable and COMPANY can assist in AEC achieving availability, and AEC requests such assistant, COMPANY shall use its good faith efforts to so assist. Notwithstanding the foregoing, it is agreed that in the case of video products, COMPANY must first place order(s) for fulfillment with AEC, but, if after discussion and/or communication either verbally or electronically between AEC and COMPANY on any video order, it appears AEC will have difficulty fulfilling any such order on a timely basis, COMPANY, upon notifying AEC accordingly, may price that particular order with an alternative supplier/fulfillment house.
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Examples of Commercially Unavailable in a sentence

  • AEC shall supply to Customers the Products offered over COMPANY's On-Line Store and ordered by the Customers (unless "Commercially Unavailable" as provided below); and in connection therewith AEC shall perform the fulfillment, technical, and professional services described below.

  • AEC will have no obligation to accept orders for or to ship any item of Product which is Commercially Unavailable (as hereinafter defined).

  • Products Specified Which Are Commercially Unavailable If the Trade Contractor fails to make a request for substitutions for products, prior to the submission of its bid, and such products subsequently become commercially unavailable, the Trade Contractor may request a substitution for such commercially unavailable item.

  • AEC will have no obligation to accept orders for or to ship any time of Product which is Commercially Unavailable (as hereinafter defined).