Common use of CHANGE, CANCELLATION AND TERMINATION Clause in Contracts

CHANGE, CANCELLATION AND TERMINATION. In the event Customer desires to modify a purchase order, it shall submit a written change order to CHUKO ELECTRIC CO., LTD. Each change order is effective upon written acceptance by CHUKO ELECTRIC CO., LTD. In the event Customer modifies a purchase order within 30 days prior to the scheduled shipment date, Customer shall pay to CHUKO ELECTRIC CO., LTD a change charge equal to 5% of the original total purchase price of the purchase order modified with a minimum charge of $25.00. This fee will be assessed for Customer initiated changes regarding: ship-to location, if changed to a different country or port of destination; ship-date, if CHUKO ELECTRIC CO., LTD. has already confirmed the ship-date to the Customer; configuration, if the change effects more than 5 line items in the order; quantity of items; or buyout items. All modifications made within an eight (8) hour business day (PST) will be considered to be one change. Any change or changes initiated or caused by CHUKO ELECTRIC CO., LTD. will not be charged to the Customer. If Customer cancels a purchase order within 30 days prior to scheduled shipment date, Customer shall pay to CHUKO ELECTRIC CO., LTD a restocking fee of 25% of the total purchase price of the canceled purchase order and shall pay 100% for any buyout items canceled. CHUKO ELECTRIC CO., LTD. shall not assess any cancellation charges if CHUKO ELECTRIC CO., LTD. cancels an order. In the event that either party breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after written notice from the other party, the breaching party shall be in default. CHUKO ELECTRIC CO., LTD. maximum liability and Customer's maximum recovery for any claim arising out of or in connection with the sale or use of the Equipment shall not in the aggregate exceed the price paid by Customer for such Equipment hereunder less the price of the Equipment delivered and retained by Customer.

Appears in 1 contract

Samples: Product Purchase Agreement

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CHANGE, CANCELLATION AND TERMINATION. In the event Customer desires to modify a purchase order, it shall submit a written change order to CHUKO ELECTRIC CO., LTDWuhan Iron & Steel Group Corporation. Each change order is effective upon written acceptance by CHUKO ELECTRIC CO., LTDWuhan Iron & Steel Group Corporation. In the event Customer modifies a purchase order within 30 days prior to the scheduled shipment date, Customer shall pay to CHUKO ELECTRIC CO., LTD Wuhan Iron & Steel Group Corporation a change charge equal to 5% of the original total purchase price of the purchase order modified with a minimum charge of $25.00. This fee will be assessed for Customer initiated changes regarding: ship-to location, if changed to a different country or port of destination; ship-date, if CHUKO ELECTRIC CO., LTD. Wuhan Iron & Steel Group Corporation has already confirmed the ship-date to the Customer; configuration, if the change effects more than 5 line items in the order; quantity of items; or buyout items. All modifications made within an eight (8) hour business day (PST) will be considered to be one change. Any change or changes initiated or caused by CHUKO ELECTRIC CO., LTD. Wuhan Iron & Steel Group Corporation will not be charged to the Customer. If Customer cancels a purchase order within 30 days prior to scheduled shipment date, Customer shall pay to CHUKO ELECTRIC CO., LTD Wuhan Iron & Steel Group Corporation a restocking fee of 25% of the total purchase price of the canceled purchase order and shall pay 100% for any buyout items canceled. CHUKO ELECTRIC CO., LTD. Wuhan Iron & Steel Group Corporation shall not assess any cancellation charges if CHUKO ELECTRIC CO., LTD. Wuhan Iron & Steel Group Corporation cancels an order. In the event that either party breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after written notice from the other party, the breaching party shall be in default. CHUKO ELECTRIC CO., LTD. Wuhan Iron & Steel Group Corporation maximum liability and Customer's maximum recovery for any claim arising out of or in connection with the sale or use of the Equipment shall not in the aggregate exceed the price paid by Customer for such Equipment hereunder less the price of the Equipment delivered and retained by Customer.

Appears in 1 contract

Samples: Product Purchase Agreement

CHANGE, CANCELLATION AND TERMINATION. In the event Customer desires to modify a purchase order, it shall submit a written change order to CHUKO KIKUNA ELECTRIC CO., LTD. Each change order is effective upon written acceptance by CHUKO KIKUNA ELECTRIC CO., LTD. LTD In the event Customer modifies a purchase order within 30 days prior to the scheduled shipment date, Customer shall pay to CHUKO KIKUNA ELECTRIC CO., LTD a change charge equal to 5% of the original total purchase price of the purchase order modified with a minimum charge of $25.00. This fee will be assessed for Customer initiated changes regarding: ship-to location, if changed to a different country or port of destination; ship-date, if CHUKO KIKUNA ELECTRIC CO., LTD. has already confirmed the ship-date to the Customer; configuration, if the change effects more than 5 line items in the order; quantity of items; or buyout items. All modifications made within an eight (8) hour business day (PST) will be considered to be one change. Any change or changes initiated or caused by CHUKO KIKUNA ELECTRIC CO., LTD. will not be charged to the Customer. If Customer cancels a purchase order within 30 days prior to scheduled shipment date, Customer shall pay to CHUKO KIKUNA ELECTRIC CO., LTD a restocking fee of 25% of the total purchase price of the canceled purchase order and shall pay 100% for any buyout items canceled. CHUKO KIKUNA ELECTRIC CO., LTD. shall not assess any cancellation charges if CHUKO KIKUNA ELECTRIC CO., LTD. cancels an order. In the event that either party breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after written notice from the other party, the breaching party shall be in default. CHUKO KIKUNA ELECTRIC CO., LTD. maximum liability and Customer's maximum recovery for any claim arising out of or in connection with the sale or use of the Equipment shall not in the aggregate exceed the price paid by Customer for such Equipment hereunder less the price of the Equipment delivered and retained by Customer.

Appears in 1 contract

Samples: Product Purchase Agreement

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CHANGE, CANCELLATION AND TERMINATION. In the event Customer desires to modify a purchase order, it shall submit a written change order to CHUKO BRONE ELECTRIC CO., CO LTD. Each change order is effective upon written acceptance by CHUKO BRONE ELECTRIC CO., CO LTD. In the event Customer modifies a purchase order within 30 days prior to the scheduled shipment date, Customer shall pay to CHUKO BRONE ELECTRIC CO., CO LTD a change charge equal to 5% of the original total purchase price of the purchase order modified with a minimum charge of $25.00. This fee will be assessed for Customer initiated changes regarding: ship-to location, if changed to a different country or port of destination; ship-date, if CHUKO BRONE ELECTRIC CO., CO LTD. has already confirmed the ship-date to the Customer; configuration, if the change effects more than 5 line items in the order; quantity of items; or buyout items. All modifications made within an eight (8) hour business day (PST) will be considered to be one change. Any change or changes initiated or caused by CHUKO BRONE ELECTRIC CO., CO LTD. will not be charged to the Customer. If Customer cancels a purchase order within 30 days prior to scheduled shipment date, Customer shall pay to CHUKO BRONE ELECTRIC CO., CO LTD a restocking fee of 25% of the total purchase price of the canceled purchase order and shall pay 100% for any buyout items canceled. CHUKO BRONE ELECTRIC CO., CO LTD. shall not assess any cancellation charges if CHUKO BRONE ELECTRIC CO., CO LTD. cancels an order. In the event that either party breaches any provision of this Agreement and fails to cure such breach within thirty (30) days after written notice from the other party, the breaching party shall be in default. CHUKO BRONE ELECTRIC CO., CO LTD. maximum liability and Customer's maximum recovery for any claim arising out of or in connection with the sale or use of the Equipment shall not in the aggregate exceed the price paid by Customer for such Equipment hereunder less the price of the Equipment delivered and retained by Customer.

Appears in 1 contract

Samples: Product Purchase Agreement

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