Acceptance of Purchase Orders. Notwithstanding any contrary language in Buyer’s purchase order, each purchase order shall be subject to acceptance by an authorized employee of Seller and each transaction shall be governed exclusively by these Terms and Conditions of Sale (“Contract”), except if any specific terms have been expressly and mutually agreed by the parties and confirmed in Seller’s sale order acknowledgement of each purchase order. Such acceptance is expressly limited to these Terms and Conditions of Sale, and any additional or different terms proposed by Buyer are automatically rejected unless expressly agreed to in writing by Seller. No contract shall exist except as hereinabove provided.
Acceptance of Purchase Orders. Qorvo will accept or reject all Purchase Orders with an order confirmation within 10 Business Days following receipt of such Purchase Order. Subject to Section 7.5 (Circumstances Affecting Supply), Qorvo will accept all Purchase Orders for a particular calendar quarter to the extent that the Purchase Order (a) does not exceed, for each type of Product, [*]% of the quantities of such type of Product in the relevant Forecast for such calendar quarter, and (b) requires delivery no less than (i) in the case of Instruments, [*] days following the date on which Qorvo accepts the Purchase Order or (ii) in the case of all other Products, [*] days following the date on which Qorvo accepts the Purchase Order (collectively, ((a) and (b)), a “Conforming Purchase Order”). In addition, Qorvo will use commercially reasonable efforts to accept Purchase Orders that are not Conforming Purchase Orders and will notify Zomedica promptly after its receipt of such a non-conforming Purchase Order as to the extent to which it would be able to fulfill the quantities of each type of Product and delivery dates therefore set forth in each Purchase Order. If, by the end of such 10 Business Day period, Qorvo fails to provide Zomedica with written rejection of a Purchase Order on the basis that it is not a Conforming Purchase Order, such Purchase Order will be deemed to be accepted. All Conforming Purchase Orders and any other Purchase Order accepted by Qorvo will be non-cancellable unless otherwise agree by the Parties.
Acceptance of Purchase Orders. Company will endeavor to (i) acknowledge receipt of each purchase order issued in accordance with this Agreement, and (ii) notify Customer whether Company accepts or rejects the purchase order. If Company fails to accept or reject a purchase order within a reasonable time period, such failure to respond will be deemed a rejection of the entire order. Orders that combine buying program and quoted product on the same order will not be accepted and are hereby rejected by Company.
Acceptance of Purchase Orders. GCT is under no obligation to accept any purchase order under this Agreement. No Products shall be furnished to DISTRIBUTOR by virtue of this Agreement alone but shall require the issuance of a purchase order. All purchase orders are subject to GCT’s written acceptance. Such written acceptance shall confirm the requested delivery dates or offer alternative delivery dates.
Acceptance of Purchase Orders. To the extent that a purchase order covers Product that is forecast in the Rolling Forecast, Patheon will accept the purchase order by sending an acknowledgement to Client, including the confirmed Release Dates. If Patheon fails to acknowledge receipt of a purchase order within ten Business Days, the purchase order will be considered accepted by Patheon. An accepted purchase order will be binding on the parties (a “Firm Order”), except that either party may request to change any Release Date beyond 90 days after the first day of the next month. The parties will negotiate in good faith and agree on any requested alternative release date. Neither party may unreasonably reject an alternative release date requested under this Section 5.1(d), but, if the parties cannot agree, the original Release Date confirmed by Patheon will apply.
Acceptance of Purchase Orders. Purchase Orders are binding only upon acceptance by Cepheid. Cepheid will only accept Purchase Orders that are issued in conformance with the provisions of this Sales Agreement (and attached Quotation as appropriate). Upon acceptance of a Purchase Order, this Sales Agreement (and attached Quotation as appropriate) and such accepted Purchase Order shall constitute a contract between the Purchaser and Cepheid. PRICE: The sales price(s) for the Goods will be the listed or posted price(s) of Cepheid in effect at the time of shipment, or the price stated in a written Quotation provided by Cepheid. Cepheid’s quotations are subject to change at any time prior to acceptance of an order and expire sixty (60) days from the date of this Sales Agreement. The reasonable cost of packing, crating, shipping, and insurance are prepaid and will be added to the invoice. Where applicable, the Purchaser will pay directly all import duties. Price(s) do not include GST which will be added to the invoice, as a separate line item. DELIVERY: Goods will be packed in Cepheid's standard shipping packages and shipped by method and carrier to be selected by Cepheid, unless otherwise specified otherwise by Cepheid. Cepheid will use reasonable effort to effect shipment of the Goods on or before quoted shipment dates; however Cepheid shall not be liable for any delay or failure in delivery where such delay or failure results from any cause beyond Cepheid’s control, including, but not limited to, act of God, lockouts, strikes, fire, riots, tempest, pandemic, boycott, embargo, government regulations, accidents to machinery, war, non-availability of materials or default by any manufacturer for or sub-contractor to Cepheid [Force Majeure]. Cepheid may make deliveries in installments, and each installment shall be deemed to be a separate sale, for which a separate invoice will be rendered by Cepheid. Cepheid shall also have the right, to the extent necessary in Cepheid’s reasonable judgment, to apportion fairly among its various Customers in a manner deemed equitable by Cepheid, the Goods then available for delivery.
Acceptance of Purchase Orders. Within ten (10) days of receipt of a purchase order from Distributor, Supplier may request in writing a modification of the Product designations, quantities, delivery dates, and special shipment instructions specified thereon. Supplier's failure to request a modification or to reject a purchase order within the ten (10) day period shall be deemed an acceptance thereof. Upon actual or deemed acceptance of a purchase order by Supplier, a binding contract for the sale and purchase of Product shall exist between Supplier and Distributor in accordance with this Agreement and Distributor's purchase order. If Supplier requests modification of any of the aforementioned terms of Distributor's purchase order, then Distributor shall have ten (10) days following receipt of the request to accept or reject Supplier's modifications. If Distributor does not respond or object to Supplier's request within ten (10) days of receipt, the modifications specified thereon shall be deemed accepted by Distributor. Upon Distributor's actual or deemed acceptance of purchase order modifications by Supplier, a binding contract for the sale and purchase of Products shall exist between Supplier and Distributor in accordance with this Agreement and Distributor's purchase order as so modified. The foregoing modification procedure shall apply only with the regard to Product designations, quantities, delivery dates, and special shipment instructions. With respect to all other terms, Supplier and Distributor agree that the terms and conditions of this Agreement shall apply to the sale of Product hereunder and cannot be modified or amended except as provided in Section 12.8.
Acceptance of Purchase Orders. 22 3.6 Delivery................................................. 22 3.7 Contract Manufacturing................................... 22 3.8 Inability to Supply...................................... 24 3.9
Acceptance of Purchase Orders. 3.1 Seller shall accept Buyer’s purchase orders, submitted in accordance with Section 2 above, within five (5) working days. No purchase order shall be binding, unless and until, accepted by Seller in writing, as of the date of Seller’s acceptance. Seller shall not reject any purchase order that substantially complies with the terms of this Agreement. For purchase orders that are not substantially consistent with Buyer’s forecast and exceed such forecast, Seller will consider in good faith the possibility of meeting such requirement of Buyer.
Acceptance of Purchase Orders. Anthra shall accept each purchase order issued by Medeva in conformity with Section 3.4 within *** after receipt thereof, unless the inventory of AD 32 maintained by Anthra pursuant to Section 3.2 shall be insufficient to allow for the timely delivery of the ordered quantity of the Product. Anthra shall give Medeva prompt written notice of the rejection of any such purchase order specifying the basis for such rejection. In the event that the terms of any purchase order received by Anthra from Medeva shall be inconsistent with the terms of this Agreement, the terms of this Agreement shall control.
