QUANTITY CLAIMS Sample Clauses

QUANTITY CLAIMS. (a) Any quantity claim must be submitted within 6 calendar months from the date of shipment from the place or port of landing. Unless otherwise agreed in writing, any quantity claim must be sent to the Seller by email, registered mail or courier (for example, FedEx, UPS, Airborne Express, or similar). (b) Any quantity claim must be notified in accordance with Clause 16.7 and submitted in one original and shall contain the following information: (i) number of the Specification to which it relates; (ii) number of pieces or weight of the Material in the respect on which the quantity claim is submitted; (iii) reference to the relevant shipping documents, e.g. B/L, FCR, CMR, invoice packing list; (iv) the marking of the Material; and (v) a detailed description of the alleged non-conformities of the Material. (c) Any quantity claim must be supported by the following documents: (i) copy of the calibration certificate of weighing machinery at the place or port of discharge, if weight is used to measure quantity and if requested by the Seller, all the aforementioned documents shall be presented in or translated into English, unless said documents were provided by Seller; Seller provided documents may be presented in English or in whatever language the Seller provides them to the Buyer. (d) In the event of a proven difference between the invoiced and the received Material weight, a deductible franchise of 0.5% will be applicable. Only a difference outside of the deductible franchise can be reimbursed and shall give the Buyer rise to a claim. Such quantity claim will be settled through the submission of a respective debit note to the Seller. The relevant debit note will be settled within 30 calendar days after receiving the relevant debit note in case of Buyer’s claim is raised within above stated time period and it is supported by required documents. The Parties will reflect their agreement in a pertinent settlement agreement or the Buyer may deduct such an amount from any invoice. (e) Should the Seller dispute any difference in quantity and such difference is outside of 0.5% of the franchise, the Seller shall inform the Buyer accordingly and the Parties shall—after the presentation of the claim by the Buyer—jointly endeavour to resolve the dispute. Each party shall document their evidence but the Buyer shall be entitled to process, sell, and ship the Material in dispute before the dispute is resolved. (f) Should the Buyer fail to notify a quantity claim within the ...
View SourceView Similar (4)
QUANTITY CLAIMS. (a) The Buyer shall not be entitled to make any Quantity Claims against the Seller or the Supplier unless the conditions in clause 9.1(b) are met and the Quantity Claim is either: (i) that Marine Fuel delivered was not measured in accordance with clause 6(a); or (ii) a claim of fraud or material inaccuracy by the Seller or the Supplier as to the quantity of Marine Fuel delivered. (b) The Buyer or Master shall: (i) dispute the quantity of Marine Fuel measured as delivered and specified in the BDN on the Date of Delivery, if the claim is a claim pursuant to clause 9.1(a)(i); (ii) issue a Letter of Protest and hand the Letter of Protest to the Seller or the Supplier on the Date of Delivery with respect to claims pursuant to clause 9.1(a)(i) and 9.1(a)(ii); and (iii) formally notify the Seller of its claim, in writing, within fourteen (14) calendar days of the Date of Delivery, together with sufficient evidence to support its claim.
View SourceView Similar (2)
QUANTITY CLAIMS. Provided the quantity delivered is measured in accordance with Clause 6(a), there shall be no claim regarding quantity save in case of fraud or manifest error. In case of alleged fraud on the Supplier's part or manifest error on the Supplier's/Seller's part, all quantity claims shall be barred and absolutely waived unless three cumulative conditions are met: (a) the Master claused the BDN disputing the quantity measured as delivered, and providing the Buyer's case as to the actual quantity delivered; (b) the Master issued a letter of protest and handed the same over to the Seller or its representative on the day of the delivery; (c) the Buyer formally notifies its claim in writing to the Seller with evidence of manifest error or fraud within 14 calendar days of the delivery date. Absent these three conditions being satisfied, all quantity claims shall be barred and absolutely waived.
View Source
QUANTITY CLAIMS. Any dispute on the part pertaining to the quantity of the Marine Fuels delivered must be noted at the time of delivery in accordance with section 9(c) and a claim for such quantity dispute must be presented to Seller as soon as possible and in any event within the earlier of the time required pursuant to applicable law or fourteen (14) days after the date of delivery, failing either or both of which all such claims shall be deemed to be waived and forever barred. Any dispute as to quantity of Marine Fuels shall be determined finally and conclusively, save for instances of manifest error or fraud, by an independent expert appointed jointly by ▇▇▇▇▇ and Seller.
View Source

Related to QUANTITY CLAIMS

  • Warranty Claims This Contractual Warranty is provided by ▇▇▇▇▇▇▇▇▇ Electric and covers defects in workmanship and materials in your Product. This warranty period lasts from the date of purchase at the point of sale to you, the original end user, unless otherwise agreed in writing (the "Warranty Period"). This Contractual Warranty is transferable to subsequent owners but only for the unexpired portion of the Warranty Period.

  • Covered Claims Claim" means any claim, dispute or controversy between you and us that in any way arises from or relates to this Agreement, the Account, the issuance of any Card, any rewards program, any prior agreement or account. "Claim" includes disputes arising from actions or omissions prior to the date any Card was issued to you, including the advertising related to, application for or approval of the Account. "Claim" has the broadest possible meaning, and includes initial claims, counterclaims, cross-claims and third-party claims. It includes disputes based upon contract, tort, consumer rights, fraud and other intentional torts, constitution, statute, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). "Claim" does not include disputes about the validity, enforceability, coverage or scope of this Arbitration Provision or any part thereof (including, without limitation, the prohibition against class proceedings, private attorney general proceedings and/or multiple party proceedings described in Paragraph C.7 (the "Class Action Waiver"), the last sentence of Paragraph

  • Disputed Claims 4.1 Notwithstanding paragraph 4.5 of this Schedule, payment by the Authority of all or any part of any invoice rendered or other claim for payment by the Contractor shall not signify approval of such invoice/claim. The Authority reserves the right to verify invoices/claims after the date of payment and subsequently to recover any sums which have been overpaid. 4.2 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority either before or after payment then the Authority may call for the Contractor to provide such further documentary and oral evidence as it may reasonably require to verify its liability to pay the amount which is disputed or subject to question and the Contractor shall promptly provide such evidence in a form satisfactory to the Authority. 4.3 If any part of a claim rendered by the Contractor is disputed or subject to question by the Authority, the Authority shall not withhold payment of the remainder. 4.4 If any invoice rendered by the Contractor is paid but any part of it is disputed or subject to question by the Authority and such part is subsequently agreed or determined not to have been properly payable then the Contractor shall forthwith repay such part to the Authority. 4.5 The Authority shall be entitled to deduct from sums due to the Contractor by way of set-off any amounts owed to it or which are in dispute or subject to question either in respect of the invoice for which payment is being made or any previous invoice.

  • Product Claims The parties acknowledge that NCR Voyix, not Apple, is responsible for addressing any claims you or any third party relating to the Software or your possession and/or use of the Software, including, but not limited to: (a) product liability claims; (b) any claim that the Software fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.

  • Product Liability Claims Notwithstanding the provisions of Section 9.2, any Losses arising out of any Third Party claim, suit, action, proceeding, liability or obligation involving any actual or alleged death or bodily injury arising out of or resulting from the development, manufacture or Commercialization of any Fibrocell Products or Improved Products for use or sale in the Field, to the extent that such Losses exceed the amount (if any) covered by the applicable Party’s product liability insurance (“Excess Product Liability Costs”), shall be paid by [*****], except to the extent such Losses arise out of any Third-Party Claim based on the gross negligence or willful misconduct of a Party, its Affiliates, or its Affiliates’ sublicensees, or any of the respective officers, directors, employees and agents of each of the foregoing entities, in the performance of obligations or exercise of rights under this Agreement.