Common use of Discontinued Availability/Last Time Buy Clause in Contracts

Discontinued Availability/Last Time Buy. Unless otherwise agreed in writing by the parties, the Customer acknowledges that Seller has made no representation about the continued availability of the Equipment listed in any Order. Seller reserves the right, in its absolute discretion, with or without notice, without incurring any liability to the Customer or otherwise, whether in contract or tort, to discontinue manufacturing or selling any of the Equipment listed in any Order at any time. Seller may, within its discretion, provide the Customer with a limited time opportunity to purchase such quantities of the Equipment as the Customer estimates it may need (“last time buy”). The Customer’s last time buy rights are limited to products available in Seller’s inventory at the time of the Customer’s request.

Discontinued Availability/Last Time Buy. Unless otherwise agreed in writing by the parties, the Customer acknowledges that Seller Xxxxxx has made no representation about the continued availability of the Equipment listed in any Order. Seller Xxxxxx reserves the right, in its absolute discretion, with or without notice, without incurring any liability to the Customer or otherwise, whether in contract or tort, to discontinue manufacturing or selling any of the Equipment listed in any Order at any time. Seller Xxxxxx may, within its discretion, provide the Customer with a limited time opportunity to purchase such quantities of the Equipment as the Customer estimates it may need (“last time buy”). The Customer’s last time buy rights are limited to products available in Seller’s Xxxxxx’ inventory at the time of the Customer’s request.