1Price and Delivery Sample Clauses

1Price and Delivery. Supplier shall have the unlimited right to establish its price to be paid by Distributor for each of the Products and may change any such price from time to time in accordance with Section 2.3 of this Agreement. Supplier shall arrange for shipping Products, and all prices shall be FOB Distributor's warehouse with the risk of loss or damage passing to Distributor upon its acceptance of the Products. Nothing in this Agreement shall be construed as requiring, directly or indirectly, Distributor to fix or maintain the price at which it may re-sell the Products. Supplier shall (i) fill promptly (by full or partial shipment) Distributor's orders for Products which are consistent with then-current Supplier's lead­ time schedules and shipping schedules, and (ii) provide Distributor with notice a reasonable amount of time in advance of the delivery of such Products together with such information as may be required by Distributor to take delivery of such Products. Within three (3) days of receipt of an order, Supplier shall in writing confirm such order and indicate the date of delivery to Distributor's warehouse. Supplier shall deliver the Products no later than fifteen (15) days after receipt of the order by Distributor.
Sample 1
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Related to 1Price and Delivery

  • NOW, THEREFORE the parties hereto agree as follows:

  • Assignment This Agreement and all rights and obligations hereunder may not be assigned without the written consent of the other party.

  • Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of New York.

  • Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.

  • Notices Any notice, request or other document required or permitted to be given or delivered to the Holder by the Company shall be delivered in accordance with the notice provisions of the Purchase Agreement.

  • IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written.

  • Force Majeure If by reason of Force Majeure, either party hereto shall be rendered unable wholly or in part to carry out its obligations under this Agreement through no fault of its own then such party shall give notice and full particulars of Force Majeure in writing to the other party within a reasonable time after occurrence of the event or cause relied upon. Upon delivering such notice, the obligation of the affected party, so far as it is affected by such Force Majeure as described, shall be suspended during the continuance of the inability then claimed but for no longer period, and such party shall endeavor to remove or overcome such inability with all reasonable dispatch. In the event that Vendor’s obligations are suspended by reason of Force Majeure, all TIPS Sales accepted prior to the Force Majeure event shall be the legal responsibility of Vendor and the terms of the TIPS Sale Supplemental Agreement shall control Vendor’s failure to fulfill for a Force Majeure event.

  • Waiver The waiver by any party hereto of a breach of any provision of this Agreement shall not operate or be construed as a waiver of any other or subsequent breach.

  • WHEREAS the Company desires the Warrant Agent to act on behalf of the Company, and the Warrant Agent is willing to so act, in connection with the issuance, registration, transfer, exchange, redemption and exercise of the Warrants; and

  • Definitions For purposes of this Agreement:

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