Common use of Contract Changes Clause in Contracts

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. Drawings, designs, specification, or description of services ii. Method of shipping or packing iii. Place of performance of inspection, acceptance, or delivery iv. Delivery schedule b. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. d. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 4 contracts

Samples: Purchase Order Agreement, Purchase Order, Purchase Order

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Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. Drawings, designs, specification, or description of services ii. Method of shipping or packing iii. Place of performance of inspection, acceptance, or delivery iv. Delivery schedule b. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. c. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. d. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 3 contracts

Samples: Purchase Order, Purchase Order Terms and Conditions, Purchase Order

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. Drawings, designs, specification, or description of services ii. Method of shipping or packing iii. Place of performance of inspection, acceptance, or delivery iv. Delivery schedule b. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. c. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. d. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-non- enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 2 contracts

Samples: Purchase Order, Purchase Order

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. Drawings, designs, specification, or description of services ii. Method of shipping or packing packing iii. Place of performance of inspection, acceptance, or delivery iv. Delivery schedule. b. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. c. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. d. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 1 contract

Samples: Purchase Order Agreement

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. : Drawings, designs, specification, or description of services ii. services Method of shipping or packing iii. packing Place of performance of inspection, acceptance, or delivery iv. delivery Delivery schedule b. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. schedule If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. d. . Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. . Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. . Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order Order in any one of the following areas: i. Drawings, designs, specification, or description of services ii. Method of shipping or packing iii. Place of performance of inspection, acceptance, or delivery iv. Delivery schedule b. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. c. Only Xxxxx’s Procurement Representative has authority on behalf of Buyer to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. d. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 1 contract

Samples: Purchase Order Agreement

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. Drawings, designs, specification, or description of services ii. Method of shipping or packing iii. Place of performance of inspection, acceptance, or delivery iv. Delivery schedule b. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx Buyer to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. d. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 1 contract

Samples: Purchase Order Agreement

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. Drawings, designs, specification, or description of services ii. Method of shipping or packing iii. Place of performance of inspection, acceptance, or delivery iv. Delivery schedule b. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. c. Only Xxxxx’s Procurement Representative has authority on behalf of Buyer to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. d. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 1 contract

Samples: Purchase Order

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. : Drawings, designs, specification, or description of services ii. services Method of shipping or packing iii. packing Place of performance of inspection, acceptance, or delivery iv. delivery Delivery schedule b. schedule Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time-to-time render assistance or assistance, give technical advice or advice, discuss or effect an exchange of information with XxxxxxSeller’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. . If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. d. . Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. . Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. . Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

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Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. : Drawings, designs, specification, or description of services ii. services Method of shipping or packing iii. packing Place of performance of inspection, acceptance, or delivery iv. delivery Delivery schedule b. schedule Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. . If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. d. . Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. . Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. . Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 1 contract

Samples: Purchase Order

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. Drawings, designs, specification, or description of services ii. Method of shipping or packing iii. Place of performance of inspection, acceptance, or delivery iv. Delivery schedule b. Only XxxxxBuyer’s Procurement Representative has authority on behalf of Xxxxx Buyer to make changes to this contract. All amendments must be identified in writing and executed by the parties. XxxxxBuyer’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with XxxxxxSeller’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. d. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by XxxxxBuyer’s Procurement Representative. No course of dealing, usage of trade, or non-non- enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 1 contract

Samples: Manufacturing Agreement

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. Drawings, designs, specification, or description of services ii. Method of shipping or packing iii. Place of performance of inspection, acceptance, or delivery iv. Delivery schedule b. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. c. Only Buyer’s Procurement Representative has authority on behalf of Buyer to make changes to this contract. All amendments must be identified in writing and executed by the parties. Buyer’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Seller’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. d. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by XxxxxBuyer’s Procurement Representative. No course of dealing, usage of trade, or non-non- enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 1 contract

Samples: Purchase Order Terms and Conditions

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order in any one of the following areas: i. Drawings, designs, specification, or description of services ii. Method of shipping or packing iii. Place of performance of inspection, acceptance, or delivery iv. Delivery schedule b. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. d. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-non- enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 1 contract

Samples: Purchase Order

Contract Changes. a. Buyer may, at any time, by a written order and without notice to the sureties, if any, make changes within the general scope of this Purchase Order Order in any one of the following areas: i. Drawings, designs, specification, or description of services ii. Method of shipping or packing iii. Place of performance of inspection, acceptance, or delivery iv. Delivery schedule b. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. c. If any such change causes an increase or decrease in the cost of, or the time required for, the performance of any part of the work under this Purchase Order, whether changed or not changed by any such order, an equitable adjustment shall be made in the Purchase Order price or delivery schedule, or both, and the Purchase Order shall be modified in writing accordingly. Any claim by the Seller for adjustment under this clause must be asserted in writing within 30 days from the date of receipt by the Seller of a written notification of change from the Buyer. Buyer may receive and act upon any such claim asserted at any time prior to final payment under this Purchase Order. Where the cost of property made obsolete or excess as a result of a change is included in the Seller’s claim for adjustment, Buyer shall have the right to prescribe the manner of disposition of such property. c. Only Xxxxx’s Procurement Representative has authority on behalf of Xxxxx to make changes to this contract. All amendments must be identified in writing and executed by the parties. Xxxxx’s engineering and technical personnel may from time to time render assistance or give technical advice or discuss or effect an exchange of information with Xxxxxx’s personnel concerning the Work hereunder. No such action shall be deemed to be a change and shall not be the basis for an equitable adjustment. d. Any change, amendment, or modification to this contract by Seller must be expressly accepted in writing by Xxxxx’s Procurement Representative. No course of dealing, usage of trade, or non-enforcement shall be construed to modify or otherwise alter the terms and conditions of this contract. e. Failure to agree to any adjustment shall be resolved in accordance with the “Disputes” clause of this contract. f. Nothing in this clause shall excuse the Seller from proceeding with the Purchase Order as changed.

Appears in 1 contract

Samples: Purchase Order Agreement

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