Common use of Acceptance of Purchase Orders Clause in Contracts

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.

Appears in 2 contracts

Samples: Exclusive Product Distribution Agreement (Digital Bridge Inc), Exclusive Product Distribution Agreement (Digital Bridge Inc)

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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 ’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 ’s purchase order. If Supplier requests modification of any of the aforementioned terms of Distributor's ’s purchase order, then Distributor shall have ten (10) days following receipt of the request to accept or reject Supplier's ’s modifications. If Distributor does not respond or object to Supplier's ’s request within ten (10) days of receipt, the modifications specified thereon shall be deemed accepted by Distributor. Upon Distributor's ’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 ’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 12.813.8.

Appears in 2 contracts

Samples: Distribution Agreement (Suncoast Nutriceuticals, Inc.), Distribution Agreement (Suncoast Nutriceuticals, Inc.)

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