Common use of Acceptance of Purchase Order Clause in Contracts

Acceptance of Purchase Order. A Purchase Order submitted by Distributor shall be deemed to have been accepted by, and shall be binding upon, Manufacturer when it is countersigned by Manufacturer or if it is not rejected by Manufacturer, in whole or in part, by written notice to Distributor sent within five (5) business days of its receipt by Manufacturer. Notwithstanding anything contained herein to the contrary, Manufacturer may only reject, cancel, or delay any Purchase Order placed by Distributor, whether or not such Purchase Order has been previously accepted by Manufacturer, pursuant to Section 3.B. below. In the event Manufacturer is unable to fill all of a Purchase Order for any reason, it shall promptly notify Distributor and Distributor shall have the right, in its discretion, to cancel the subject Purchase Order. Distributor may change or cancel any of its Purchase Orders without penalty so long as Distributor provides written notice to Manufacturer and the Products have not yet been shipped, or otherwise delivered to Distributor; provided, that Distributor shall pay to Manufacturer a fee of twenty-five percent (25%) of the aggregate purchase price of the Products of which manufacturing has commenced that are subject to any Purchase Order, which has been materially changed or canceled by Distributor.

Acceptance of Purchase Order. A Purchase Order submitted by Distributor shall be deemed to have been accepted by, and shall be binding upon, Manufacturer when it is countersigned by Manufacturer or if it is not rejected by Manufacturer, in whole or in part, by written notice to Distributor sent within five (5) business days of its receipt by Manufacturer. Notwithstanding anything contained herein to the contrary, Manufacturer may only reject, cancel, or delay any Purchase Order placed by Distributor, whether or not such Purchase Order has been previously accepted by Manufacturer, pursuant to Section 3.B. below. In the event Manufacturer is unable to fill all of a Purchase Order for any reason, it shall promptly notify Distributor and Distributor shall have the right, in its discretion, to cancel the subject Purchase Order. Distributor may change or cancel any of its Purchase Orders without penalty so long as Distributor provides written notice to Manufacturer and the Products have not yet been shipped, or otherwise delivered to Distributor; provided, provided that Distributor shall pay to Manufacturer a fee of twenty-twenty five percent (25%) of the aggregate purchase price of the Products of which manufacturing has commenced that are subject to any Purchase Order, Order which has been materially changed or canceled by Distributor.

Acceptance of Purchase Order. A Purchase Order submitted by Distributor Product Owner shall be deemed to have been accepted by, and shall be binding upon, Manufacturer when it is countersigned by Manufacturer or if it is not rejected by Manufacturer, in whole or in part, by written notice to Distributor Product Owner sent within five (5) business days of its receipt by Manufacturer. Notwithstanding anything contained herein to the contrary, Manufacturer may only reject, cancel, or delay any Purchase Order placed by Distributor, whether or not such Purchase Order Product Owner which it has been previously accepted by Manufacturerdeemed to have accepted, pursuant to Section 3.B. below. In the event Manufacturer is unable to fill all of a Purchase Order for any reason, it shall promptly notify Distributor Product Owner and Distributor Product Owner shall have the right, in its discretion, to cancel the subject Purchase Order. Distributor Product Owner may change or cancel any of its Purchase Orders without penalty so long as Distributor Product Owner provides written notice to Manufacturer and the Products have not yet been shipped, or otherwise delivered to Distributor; provided, provided that Distributor Product Owner shall pay to Manufacturer a fee of twenty-twenty five percent (25%) of the aggregate purchase price of the Products of which manufacturing has commenced that are subject to any Purchase Order, Order which has been materially changed or canceled by DistributorProduct Owner.