Common use of Goods, Delivery Date and Price Clause in Contracts

Goods, Delivery Date and Price. Seller shall not be required to sell to Buyers, and Buyers shall not be required to purchase from Seller, any Goods unless and until an Order is executed and delivered. Purchase orders shall be made by a Buyer’s delivery to Seller of a proposed Order that shall specify, among other things, (i) the Goods Buyer proposes to purchase and (ii) the proposed delivery date of such Goods to Buyer. Buyers shall use their respective commercially reasonable efforts to place all orders for Goods pursuant to proposed Orders with delivery dates that are within the applicable time period set forth in Section 1.5(b). A proposed Order with delivery dates that are within such applicable time period shall be a “Conforming Order”. Seller shall, within two (2) business days after receipt of a proposed Order, confirm in writing its acceptance or rejection of such Order, including the price of such Order which shall be determined in accordance with Section 4.1; provided, however, that Seller may not reject a Conforming Order without Buyer’s consent.