Delivery Failures for Direct Purchases. For purchases made directly from Vendor, if Vendor anticipates that it will not be able to deliver any particular Product ordered by any Purchaser within seven (7) calendar days following the later of (i) the date of Vendor’s receipt of the order (or within the delivery schedule of Exhibit B, if applicable); or (ii) the date of delivery stated in the order, Vendor shall immediately notify the Purchaser and work with the Purchaser to resolve the delivery issue to Purchaser’s reasonable satisfaction. Such resolution may include acceptance of alternative delivery dates or provision of an acceptable substitute from Vendor at the same or lower pricing as the unavailable Product. Vendor shall be responsible for paying additional costs for any expedited shipment of Products required to meet the delivery obligations stated in this Agreement, including Products subject to a backorder.
Appears in 2 contracts
Sources: Purchasing Agreement (Fuse Medical, Inc.), Purchasing Agreement (Cardiovascular Systems Inc)