Acceptance, Rejection, and Cancellation of Purchase Orders. Seller accepts a Purchase Order by confirming the order in writing or by delivering the applicable Products to Buyer, whichever occurs first. Seller may reject a Purchase Order for quantities greater than Seller’s Excess Capacity which it may do without liability or penalty, and without constituting a waiver of any of Seller’s rights or remedies under this Agreement or any Purchase Order, by providing written notice to Buyer.
Acceptance, Rejection, and Cancellation of Purchase Orders. Seller shall confirm to Buyer the receipt of each Purchase Order issued hereunder (each, a “Confirmation”) within ten (10 Business Days following Seller’s receipt thereof in written form via EDI/facsimile, e-mail or US mail. Each Confirmation must reference Buyer’s Purchase Order number, confirm acceptance of the Purchase Order or, solely if permitted under this Section 3.2, advise Buyer of Seller’s rejection of such Purchase Order, the date of acceptance or rejection and the basis for rejection, if applicable. If Seller fails to issue a Confirmation within the time set forth in the first sentence of this Section 3.2 or otherwise commences performance under such Purchase Order, Seller will be deemed to have accepted the Purchase Order. Buyer may withdraw any Purchase Order prior to Seller’s acceptance thereof. Seller may only reject a Purchase Order if (a) Seller has sent Buyer a Notice of termination under Section 6.5 or (b) the applicable Purchase Order includes terms and conditions that supplement or are inconsistent with those contained in this Agreement, which Seller is unwilling to accept. Seller may not cancel any previously accepted Purchase Order hereunder. Buyer may only cancel a previously accepted Purchase Order pursuant to the exercise of Buyer’s rights under Section 4.1.
Acceptance, Rejection, and Cancellation of Purchase Orders. Seller accepts a Purchase Order by confirming the order in writing by issuing to Buyer an invoice covering the Products to be delivered by Seller pursuant to the Purchase Order at the Prices (as defined below) set forth on Schedule 1. Seller may reject a Purchase Order within the time period for rejection set forth in Section 3.1 above. Seller may reject or cancel a previously accepted Purchase Order, which it may do without liability or penalty, and without constituting a waiver of any of Seller’s rights or remedies under this Agreement or any Purchase Order, by providing written notice to Buyer specifying the applicable date of rejection or cancellation (a) if any one or more of the events described under Sections 6.2(a)-(c) has occurred; or (b) pursuant to Seller’s rights under Section 5.5.
Acceptance, Rejection, and Cancellation of Purchase Orders. Fastrain shall confirm to EMCORE the receipt of each Purchase Order issued hereunder and corresponding delivery date (each, a "Confirmation") within two Business Days following Fastrain's receipt thereof. Each Confirmation must reference EMCORE's Purchase Order number, confirm acceptance of the Purchase Order or, solely if permitted under this Section 3.2, advise EMCORE of Fastrain's rejection of such Purchase Order, the date of acceptance or rejection and the basis for rejection, if applicable. If Fastrain fails to issue a Confirmation within two Business Days following Fastrain's receipt thereof or otherwise commences performance under such Purchase Order, Fastrain will be deemed to have accepted the Purchase Order. EMCORE may withdraw any Purchase Order prior to Fastrain's acceptance thereof. Fastrain may reject a Purchase Order if Fastrain has sent EMCORE a Notice of termination under Section 6.5. Except as otherwise agreed in this Agreement, Fastrain may not cancel any previously accepted Purchase Order hereunder. EMCORE may only cancel a previously accepted Purchase Order (i) pursuant to the exercise of EMCORE's rights under Section 4.1 or (ii) upon mutual agreement of the Parties, provided the EMCORE shall be liable for the reasonable storage and freight costs of the forwarder due to the canceled delivery. If EMCORE cancels a purchase order for finished goods, Fastrain shall immediately stop the delivery, and any Products with aging more than forty five (45) days shall be subject to Section 7.2.
Acceptance, Rejection, and Cancellation of Purchase Orders. Seller accepts a Purchase Order by confirming the order by email or other written confirmation within five (5) Business Days of receiving the Purchase Order. Seller may reject a Purchase Order or cancel a previously accepted Purchase Order within seven (7) Business Days, which it may do without liability or penalty, and without constituting a waiver of any of Seller’s rights or remedies under this Agreement or any Purchase Order, by providing written notice to Buyer specifying the applicable date of rejection or cancellation:
(a) if any one or more of the events described under Sections 6.3(a)-(f) has occurred; or
(b) pursuant to Seller’s rights under Section 5.4.
Acceptance, Rejection, and Cancellation of Purchase Orders. Seller shall confirm to the respective Buyer Purchasing Party the receipt of each Purchase Order issued hereunder (each, a “Confirmation”) within five (5) business days following Seller’s receipt thereof in written form via e-mail. Each Confirmation must reference the Purchase Order number, confirm acceptance of the Purchase Order or, solely if permitted under this Section 3.2, advise the Buyer Purchasing Party of Seller’s rejection of such Purchase Order, the date of acceptance or rejection and the basis for rejection, if applicable. Buyer Purchasing Parties may withdraw any Purchase Order prior to Seller’s acceptance thereof. Seller may only reject a Purchase Order if: (a) Seller has sent Buyer a Notice of termination under Section 6.4; (b) the applicable Purchase Order includes terms and conditions that supplement those contained in this Agreement, which Seller is unwilling to accept; (c) the applicable Purchase Order fails to conform with the terms and conditions of this Agreement; (d) the applicable Purchase Order (together with any other applicable Purchase Order) exceed the forecasts provided in accordance with Section 3.1; (e) the Purchase Order exceeds Seller’s then-current manufacturing capabilities; or (f) the requested Delivery Date is not within the lead times specified herein. Neither Party may cancel any previously accepted Purchase Order hereunder without the prior written consent of the other Party.
Acceptance, Rejection, and Cancellation of Purchase Orders. Bio-Techne accepts a Purchase Order by confirming the order in writing or by delivering the applicable Goods to Buyer, whichever occurs first. Bio-Techne may reject a Purchase Order or cancel a previously accepted Purchase Order, which it may do without liability or penalty, and without constituting a waiver of any of Bio-Techne’s rights or remedies under this Agreement or any Purchase Order, by providing written notice to Buyer specifying the applicable date of rejection or cancellation, if any one or more of the events described under Sections 7.3(a)-(c) has occurred.
Acceptance, Rejection, and Cancellation of Purchase Orders. Buyer shall order its desired quantities of Products (including accessories or spare parts) to be provided by Seller under this Agreement by means of purchase orders (the “Purchase Orders”). Purchase Orders shall be in writing and specify the Product, accessories and/or spare parts, as well as the applicable price (as set forth in Exhibit A), quantity, Delivery Date, and other items as agreed by the Seller and Buyer. Seller shall confirm to Buyer in writing via email the receipt of each Purchase Order (each, a “Confirmation”) within three (3) Business Days. Each Confirmation must reference Buyer’s Purchase Order number and either (a) verify acceptance of the Purchase Order, (b) propose adjustments to Product quantities or ship dates for negotiation until the Parties can achieve mutual agreement, or (c) reject the Purchase Order with explanation. If Seller fails to issue a Confirmation within seven (7) Business Days, Seller will be deemed to have accepted the Purchase Order (each confirmed or accepted Purchase Order being an “Accepted Purchase Order”). Buyer may withdraw any Purchase Order prior to Seller’s acceptance of such Purchase Order. Seller may not change or cancel any Accepted Purchase Order without Buyer’s written consent. Buyer may make one or more change requests (each, a “Change Request”) to any pending or Accepted Purchase Order, and such Change Requests shall be subject to the same Confirmation requirements and processes set forth in this Section. Seller agrees to take all reasonable steps to meet Buyer’s Change Requests for increased or accelerated shipments of Products. If any of Seller’s Products, semi-finished Products, material, Tooling and/or parts cannot be used due to Buyer’s cancellation of any Purchase Order, Buyer shall compensate Seller for any reasonable costs and expenses incurred therefrom. If any terms and conditions contained in a Purchase Order conflict with any terms and conditions contained in this Agreement, the applicable term or condition of this Agreement will prevail.
Acceptance, Rejection, and Cancellation of Purchase Orders. If any Purchase Order issued by Buyer fails to conform to Section 3.02 or otherwise fails to comply with the requirements of this Agreement, Seller shall notify Buyer of its objection within five business days. All purchase orders shall be accepted in writing or by some other commercially reasonable form of positive indication of acceptance (e.g. an acceptance of an EDI posted order). Any order that the Seller fails to accept within five business days will be rejected. A purchase order also is accepted by commencing performance or delivering the Goods to Buyer, whichever occurs first. Notwithstanding any confirmation or acceptance, any variations made to the terms and conditions of this Agreement by Buyer in any Purchase Order are void and have no effect unless agreed in a signed writing by Seller. Seller may reject a Purchase Order or cancel a previously accepted Purchase Order, which it may do without liability or penalty, and without constituting a waiver of any of Seller's rights or remedies under this Agreement or any Purchase Order, by providing written notice to Buyer specifying the applicable date of rejection or cancellation:
(a) if any one or more of the events described in Section 16.03 has occurred;
(b) pursuant to Seller's rights under Section 5.04(b) or Section 5.04(c); or
(c) pursuant to Seller's rights under the last sentence of Section 5.06.
Acceptance, Rejection, and Cancellation of Purchase Orders. Manufacturer accepts a Purchase Order issued hereunder by confirming the order in writing (a "Confirmation"). Manufacturer may reject a Purchase Order or cancel a previously accepted Purchase Order, which it may do without liability or penalty, and without constituting a waiver of any of Manufacturer's rights or remedies under this Agreement or any Purchase Order, by providing written notice to Buyer specifying the applicable date of rejection or cancellation:
(i) if any one or more of the events described in 17.2 has occurred;
(ii) pursuant to Manufacturer's rights under rights under 5.5(i) or 5.5(ii); or
(iii) pursuant to Manufacturer's rights under the last sentence of 5.8.
