Common use of General Obligations of the Parties Clause in Contracts

General Obligations of the Parties. 5.1 Buyer will issue purchase orders to Seller from time to time. Said orders must be sent to the attention of “Customer Service” and be sent via facsimile to 914.631.3290 or e-mailed to the following address: xxxx@xxxxxxxxxxxxxxx.xxx. Each purchase order shall contain a description of the products ordered, the quantities and prices, the shipment schedule, the terms and place of delivery, and the following notation: “This order is issued pursuant and subject to Quote Number: [insert number contained on original Quote].” Every purchase order issued by Buyer to Seller following the date of this Agreement and bearing such a notation shall be governed by and be deemed to include the provisions of this Agreement regard less of the date contained on the purchase order. In the event of any inconsistency between the terms and conditions of this Agreement and the terms of a purchase order, the terms and conditions of this Agreement shall prevail. 5.2 Buyer shall forward to Seller with every purchase order a proposed release schedule detailing the requested shipment dates for all goods contained in said purchase order (“Release Schedule”). Seller shall, within one (1) week after receipt of the Release Schedule, inform Buyer of its acceptance or rejection of the proposed shipment dates. No Release Schedule shall be binding unless it has been accepted by Seller in writing, at which point it will be incorporated into and become a part of this Agreement. Should Buyer wish to revise or in any way alter the agreed upon Release Schedule, it may do so by notifying Seller in writing. Any changes in the Release Schedule shall be subject to a six (6) weeks lead time for the shipment of the fi st installment under the revised schedule. 5.3 Should Buyer or Seller fail to agree to a Release Schedu1e, the mutually agreed delivery date for purposes of purchase orders placed pursuant to this Agreement shall be a date that allows, at the minimum, twelve

General Obligations of the Parties. 5.1 Buyer will issue purchase orders to Seller from time to time. Said orders must be sent to the attention of “Customer Service” and be sent via facsimile to 914.631.3290 or e-mailed to the following address: xxxx@xxxxxxxxxxxxxxx.xxx. Each purchase order shall contain a description of the products ordered, the quantities and prices, the shipment schedule, the terms and place of delivery, and the following notation: “This order is issued pursuant and subject to Quote Number: [insert number contained on original Quote].” Every purchase order issued by Buyer to Seller following the date of this Agreement and bearing such a notation shall be governed by and be deemed to include the provisions of this Agreement regard less of the date contained on the purchase order. In the event of any inconsistency between the terms and conditions of this Agreement and the terms of a purchase order, the terms and conditions of this Agreement shall prevail. 5.2 Buyer shall forward to Seller with every purchase order a proposed release schedule detailing the requested shipment dates for all goods contained in said purchase order (“Release Schedule”). Seller shall, within one (1) week after receipt of the Release Schedule, inform Buyer of its acceptance or rejection of the proposed shipment dates. No Release Schedule shall be binding unless it has been accepted by Seller in writing, at which point it will be incorporated into and become a part of this Agreement. Should Buyer wish to revise or in any way alter the agreed upon Release Schedule, it may do so by notifying Seller in writing. Any changes in the Release Schedule shall be subject to a six (6) weeks lead time for the shipment of the fi st first installment under the revised schedule. 5.3 Should Buyer or Seller fail to agree to a Release Schedu1e, the mutually agreed delivery date for purposes of purchase orders placed pursuant to this Agreement shall be a date that allows, at the minimum, twelve

General Obligations of the Parties. 5.1 6.1 Buyer will issue purchase orders to Seller from time to time. Said orders must be sent to the attention of “Customer Service” and be sent via facsimile to 914.631.3290 or e-mailed to the following address: xxxx@xxxxxxxxxxxxxxx.xxx. Each purchase order shall contain a description of the products ordered, the quantities and prices, the shipment schedule, the terms and place of delivery, and reference to the following notation: “This order is issued pursuant and subject to Quote Number: [insert number contained on original Quote].” number. Every purchase order issued by Buyer to Seller following the date of this Agreement and bearing such a notation shall be governed by and be deemed to include the provisions of this Agreement regard less regardless of the date contained on the purchase order. In the event of any inconsistency between the terms these Terms and conditions of this Agreement Conditions and the terms of a purchase order, the terms these Terms and conditions of this Agreement Conditions shall prevail. 5.2 6.2 Buyer shall forward to Seller with every purchase order a proposed release schedule detailing the requested shipment dates for all goods Goods contained in said purchase order (“Release Schedule”). Seller shall, within one (1) week after receipt of the Release Schedule, inform Buyer Xxxxx of its acceptance or rejection of the proposed shipment dates. No Release Schedule shall be binding unless it has been accepted by Seller in writing, at which point it will be incorporated into and become a part of this Agreement. Should Buyer wish to revise or in any way alter the agreed upon Release Schedule, it may do so by notifying Seller in writing. Any changes in the Release Schedule shall be subject to a six (6) weeks lead time for the shipment of the fi st first installment under the revised schedule. 5.3 6.3 Should Buyer or Seller fail to agree to a Release Schedu1e, the mutually agreed delivery date for purposes of purchase orders placed pursuant to this Agreement shall be a date that allows, at the minimum, twelvetwelve (12) weeks lead time after Seller’s receipt of Buyer’s purchase order. Seller shall make its best effort to accommodate any request by Buyer to reduce its lead time, but in no event shall Seller be obligated to comply with Buyer’s request or be liable for any damages Buyer may suffer as a result of its failure to accommodate. Any changes in the lead time made at the Buyer’s request shall be subject to additional charges which shall be disclosed to Buyer before shipment of the Goods. 6.4 In the event of failure of delivery on the delivery date, Buyer will give Seller written notice of delinquency allowing Seller a reasonable time to cure. In no event shall Seller be considered in default of its obligations under this agreement to deliver until six (6) weeks after its receipt of said notice. 6.5 Seller shall transfer and deliver to Buyer or make available to Buyer to pick up, as set forth in Seller Documents, Goods that conform with those set forth in the accompanying Seller Documents.

General Obligations of the Parties. 5.1 Buyer will issue purchase orders to Seller from time to time. Said orders must be sent to the attention of “Customer Service” and be sent via facsimile to 914.631.3290 or e-mailed to the following address: xxxx@xxxxxxxxxxxxxxx.xxx. Each purchase order shall contain a description of the products ordered, the quantities and prices, the shipment schedule, the terms and place of delivery, and the following notation: “This order is issued pursuant and subject to Quote Number: [insert number contained on original Quote].” Every purchase order issued by Buyer to Seller following the date of this Agreement and bearing such a notation shall be governed by and be deemed to include the provisions of this Agreement regard less of the date contained on the purchase order. In the event of any inconsistency between the terms and conditions of this Agreement and the terms of a purchase order, the terms and conditions of this Agreement shall prevail. 5.2 Buyer shall forward to Seller with every purchase order a proposed release schedule detailing the requested shipment dates for all goods contained in said purchase order (“Release Schedule”). Seller shall, within one (1) week after receipt of the Release Schedule, inform Buyer of its acceptance or rejection of the proposed shipment dates. No Release Schedule shall be binding unless it has been accepted by Seller in writing, at which point it will be incorporated into and become a part of this Agreement. Should Buyer wish to revise or in any way alter the agreed upon Release Schedule, it may do so by notifying Seller in writing. Any changes in the Release Schedule shall be subject to a six (6) weeks lead time for the shipment of the fi st first installment under the revised schedule. 5.3 Should Buyer or Seller fail to agree to a Release Schedu1e, the mutually agreed delivery date for purposes of purchase orders placed pursuant to this Agreement shall be a date that allows, at the minimum, twelvetwelve (12)weeks lead time after Seller’s receipt of Buyer’s purchase order. Seller shall make its best effort to accommodate any request by Buyer to reduce its lead time, but in no event shall Seller be obligated to comply with Buyer’s request or be liable for any damages Buyer may suffer as a result of its failure to comply. Any changes in the lead time made at the Buyer’s request shall be subject to additional charges which shall be disclosed to Buyer before shipment of the goods. 5.4 In the event of failure of delivery on the delivery date, Buyer will give Seller written notice of delinquency allowing Seller a reasonable time to cure. In no event shall Seller be considered in default of its obligations under this agreement to deliver until six (6) weeks after its receipt of said notice. 5.5 All goods purchased pursuant to this Agreement shall be shipped F.O.