Distributor Orders Sample Clauses

Distributor Orders. 5.1 Orders for Products (including Product Components) submitted by Distributor shall refer to the identification number of this Agreement and shall contain the information necessary for proper delivery and invoicing, including without limitation, the date of the order, a description of and the Avaya order code (currently referred to as PECode or Comcode) for Products and Products and Product Components to be furnished and any shipping instructions. All orders submitted by Distributor shall be deemed to incorporate and be subject to the terms and conditions of this Agreement as well as any supplemental terms and conditions agreed to in a writing signed by the authorized representatives of both parties. All other terms and conditions, including any pre-printed terms and conditions contained on any order form or correspondence originated by Distributor are rejected and shall have no effect. Avaya may require that Products and Product Components be ordered only in factory-packed quantities or in minimum order amounts. 5.2 Avaya will ship Products (including Product Components) ordered by Distributor only to Distributor’s authorized shipping location(s) or, on request, to the premises of a Reseller within the Territory. Avaya will use its reasonable commercial efforts to fill promptly Distributor’s written orders for Products and Products Components, insofar as practical and consistent with Avaya’s then-current lead-time schedule, shipping schedule, access to supplies on acceptable terms and allocation of available products and capacity among Avaya customers.
Sample 1Sample 2Sample 3
AutoNDA by SimpleDocs
Distributor Orders. All orders placed by Distributor shall be subject to acceptance in writing by Hunter at its principal place of business and shall not be binding until final acceptance. Hunter may make partial shipments on account of the orders. Hunter may change these standard terms and conditions or those contained in its form of invoice as it determines from time to time with 30 days’ advance notice to Distributor. The terms and conditions of this Agreement, and any supplemental terms and conditions of Hunter’s applicable invoice, will apply to each order accepted and shipped by Hunter hereunder. The provisions of Distributor’s purchase orders or other business forms or communications shall not apply to any order notwithstanding Hunter’s acknowledgment or acceptance of such order. Hunter shall be entitled to allocate available supplies of Products among its present and future customers and distributors on a reasonable basis, and impose such reasonable limitations upon sales and deliveries to Distributor as Hunter in its discretion considers appropriate in light of the financial condition and past sales volume of Distributor and other factors Hunter in its sole discretion deems relevant. Hunter reserves the right to cancel any orders placed by Distributor and accepted by Hunter as set forth above, or to refuse or delay shipment thereof, if Distributor (i) fails to make any payment as provided in this Agreement or under the terms of payment set forth in the invoice or as otherwise agreed to by Hunter and the Distributor, or (ii) otherwise fails to comply with the terms of this Agreement. In the event that Hunter discontinues the manufacture or distribution of any of the Product s at any time, Hunter shall be without any liability of any kind to Distributor or any other person for such discontinuance. No such cancellation, refusal, or delay will be deemed a termination or breach of this Agreement by Hunter. Hunter is authorized to set off any amounts it owes to Distributor against any amounts owed to it by Distributor.
Sample 1
Distributor Orders. Distributor shall place written orders with Tazo at least ten (10) business days prior to the delivery date shown on the written order. No order shall be for less than the minimum order quantities shown on Schedule 1.
Sample 1
Distributor Orders. Distributor shall submit its Product orders in writing (by letter, fax or other electronic media) to the contact address of CDI specified in the beginning of this agreement or otherwise communicated to Distributor in writing. CDI will generally ship Products to Distributor within two (2) weeks of CDI's receipt of the order from Distributor, but such shipping times may be longer than two (2) weeks subject to CDI's regular international shipping schedule but in no case longer than four (4) weeks.
Sample 1
Distributor Orders. Distributor shall place written orders with Supplier on or before the 15th of each calendar month. The quantity ordered for delivery for the first month shall be firm.
Sample 1
Distributor Orders. Distributor shall issue all purchase orders to Seller in written form via facsimile, e-mail, or mail. All purchases shall be made on the following terms: (i) amounts due for any product shall be payable on net 30 terms after Seller’s invoice date, which shall be issued on or after the date of product shipment (ii) for each product, Seller retains a security interest in such product until it is fully paid, and (iii) Distributor shall be charged a late fee of One and a Half Percent (1.5%) per month on any undisputed amounts owed and not timely paid. By placing an order, Distributor makes an offer to purchase Products under the commercial terms listed in the purchase order and the terms and conditions of this Agreement. In the event of a conflict between the preceding terms and conditions, the terms and conditions of this Agreement shall take precedence. Without limitation of anything contained in this Section 6, any additional, contrary, or different terms contained in any confirmation, invoices, or other communications, and any other attempt to modify, supersede, supplement, or otherwise alter this Agreement, are deemed rejected and will not modify this Agreement or be binding on the Parties unless such terms have been fully approved in a signed writing by authorized representatives of both Parties.
Sample 1

Related to Distributor Orders

  • Distributor The Trust hereby appoints the Distributor as general distributor of shares of beneficial interest (“Series shares”) of the Trust’s WCM Funds series (the “Series”) during the term of this Agreement. The Trust reserves the right, however, to refuse at any time or times to sell any Series shares hereunder for any reason deemed adequate by the Board of Trustees of the Trust.

  • Distributors In addition to direct sales to Clients, Supplier grants Accenture: (i) the right to resell Products and Services to a third-party

  • Manufacturer A firm that operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Brokers and packagers are not regarded as manufacturers or regular dealers within the meaning of this section. United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.

  • Product Labeling The labeling of all Licensed Products sold or offered for sale under this Agreement shall expressly state that the Licensed Product is manufactured under a license from the Medicines Patent Pool.

  • Manufacturers Promptly after obtaining actual knowledge thereof, notice of any Manufacturer Event of Default or termination or replacement of a Manufacturer Program;

  • Other Products and Services As our customer, you have access to a suite of financial products and services availed by ourselves, our affiliates and strategic partners designed to help you address and achieve your financial needs and goals. You agree that you can obtain information about such Products and Services via our website xxx.xxxxxxxx.xxx.xx and you further agree that we can from time to time communicate information in relation to such Products or Services to you specifically or generally to all cardmembers via such communication mode as we consider appropriate.

  • PRODUCT MANUFACTURER'S SUPPLIERS Only those dealers/distributors listed by the manufacturer will be considered authorized to act on behalf of the Product Manufacturer.

  • Shipment Dell will ship the APEX System to the Site when included as part of the APEX Service. The terms and process for shipment and delivery of the APEX System will be stated in the applicable Service Offering Description.

  • Product ACCEPTANCE Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User(s) shall have thirty (30) days from the date of delivery to accept hardware products and sixty (60) days from the date of delivery to accept all other Product. Where the Contractor is responsible for installation, acceptance shall be from completion of installation. Failure to provide notice of acceptance or rejection or a deficiency statement to the Contractor by the end of the period provided for under this clause constitutes acceptance by the Authorized User(s) as of the expiration of that period. The License Term shall be extended by the time periods allowed for trial use, testing and acceptance unless the Commissioner or Authorized User agrees to accept the Product at completion of trial use. Unless otherwise provided by mutual agreement of the Authorized User and the Contractor, Authorized User shall have the option to run testing on the Product prior to acceptance, such tests and data sets to be specified by User. Where using its own data or tests, Authorized User must have the tests or representative set of data available upon delivery. This demonstration will take the form of a documented installation test, capable of observation by the Authorized User, and shall be made part of the Contractor’s standard documentation. The test data shall remain accessible to the Authorized User after completion of the test. In the event that the documented installation test cannot be completed successfully within the specified acceptance period, and the Contractor or Product is responsible for the delay, Authorized User shall have the option to cancel the order in whole or in part, or to extend the testing period for an additional thirty (30) day increment. Authorized User shall notify Contractor of acceptance upon successful completion of the documented installation test. Such cancellation shall not give rise to any cause of action against the Authorized User for damages, loss of profits, expenses, or other remuneration of any kind. If the Authorized User elects to provide a deficiency statement specifying how the Product fails to meet the specifications within the testing period, Contractor shall have thirty (30) days to correct the deficiency, and the Authorized User shall have an additional sixty (60) days to evaluate the Product as provided herein. If the Product does not meet the specifications at the end of the extended testing period, Authorized User, upon prior written notice to Contractor, may then reject the Product and return all defective Product to Contractor, and Contractor shall refund any monies paid by the Authorized User to Contractor therefor. Costs and liabilities associated with a failure of the Product to perform in accordance with the functionality tests or product specifications during the acceptance period shall be borne fully by Contractor to the extent that said costs or liabilities shall not have been caused by negligent or willful acts or omissions of the Authorized User’s agents or employees. Said costs shall be limited to the amounts set forth in the Limitation of Liability Clause for any liability for costs incurred at the direction or recommendation of Contractor.

  • Supply of Products ‌‌ 3.1 The Supplier warrants that the Products shall: (a) correspond with their description and any applicable Product Specification; (b) conform in all respects with the Order and any relevant sample; (c) be of satisfactory quality and fit for any purpose held out by the Supplier or made known to the Supplier by Ornua, expressly or by implication, and in this respect Ornua relies on the Supplier's skill and judgement; (d) be manufactured by properly trained and qualified personnel using all reasonable skill, care and diligence and in a good and workmanlike manner;‌ (e) where they are manufactured products, be free from defects in design, materials and workmanship and remain so for the period set out in the Product Specification or, if none is specified, for at least 12 months after delivery; (f) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Products;‌ (g) comply with all relevant standards including any UK Standards, European Standards or International Standards applicable in the UK and the country or State where the Products are to be used; and (h) in the case of Products containing food stuffs, when delivered to Ornua, comply with all applicable food and hygiene legislation and regulations and best industry practice.‌ 3.2 The Supplier shall ensure that at all times it has and maintains all licences, permissions, authorisations, consents and permits needed to carry out its obligations under the Contract in respect of the supply of Products. Breach of this Condition shall be deemed a material breach of the Contract. 3.3 Ornua may inspect and test the Products at any time before delivery. The Supplier shall remain fully responsible for the Products despite any such inspection or testing and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under the Contract. 3.4 If following such inspection or testing Ornua considers that the Products do not comply or are unlikely to comply with the Supplier's undertakings at clause 3.1, Ornua shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance.‌ 3.5 Ornua may conduct further inspections and tests after the Supplier has carried out its remedial actions.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!