Common use of Common Terms Clause in Contracts

Common Terms. The Seller shall give the Buyer written notification (via SPF in the case of Three-party Agreements) if shortfalls in the number of weaners available from the Seller are expected to reduce the size of the Consignment dispatched to the Buyer. Said notification shall be given at the latest: - for 30-kg pigs: 6 week-numbers before the agreed delivery week - for 7-kg pigs: 3 week-numbers before the agreed delivery week The Buyer shall be obliged to limit his losses by accepting delivery of weaners from at most one alternative supplier herd with the same Health Status as the Seller's herd, incl. any specific requirements and conditions, cf. the Pig Circle Contract. Said obligation to accept pigs from an alternative herd shall only apply for the week in which deficiencies were ascertained. In the event of subsequent deficiencies in numbers, the obligation shall only apply if pigs are available from the same alternative supplier herd. Should the Buyer refuse to accept pigs from another herd, his right to compensation for the deficiency shall be waived. Should the Seller fail to provide notification of reduced Consignment size in accordance with the 6 and 3 week periods of notice specified above, the Buyer's obligation to purchase pigs from an alternative herd shall be waived.

Appears in 5 contracts

Sources: Terms of Business, Terms of Business, Terms of Business