Issuance and Acceptance of Purchase Orders. References in this Section ------------------------------------------ to purchase orders also apply to alterations to Purchase Orders (as later defined in this Section). The following governs the issuance and acceptance of purchase orders under this Agreement:
(a) EDS may issue to Chordiant written purchase orders identifying the Licensed Software and Services EDS desires to obtain from Chordiant. Each purchase order may include other terms and conditions applicable to the Licensed Software and Services ordered; such other terms shall be consistent with the terms and conditions of this Agreement, or shall be necessary to place a purchase order, such as billing and shipping information, required delivery dates, installation locations, and Charges (as later defined in this Agreement).
(b) Chordiant shall promptly accept purchase orders by providing to EDS a written or an oral acceptance of such purchase order, or by commencing performance pursuant to such purchase order. Chordiant shall accept purchase orders which do not establish new or conflicting terms and conditions from those set forth in this Agreement. Chordiant shall also accept purchase orders incorporating terms and conditions which have been separately agreed upon in writing by the parties. Notwithstanding the forgoing, Chordiant shall have the right to reject purchase orders for Services due to an inability to meet the delivery or commencement dates set forth in such purchase orders by promptly providing written notice to EDS of such inability and alternative dates that can be met by Chordiant.
(c) Chordiant may reject a purchase order which does not meet the conditions described in subsection (b) above by promptly providing to EDS a written explanation of the reasons for such rejection. Chordiant shall accept an alteration to the originally issued purchase order if such alteration remedies the items set forth in Chordiant's written rejection. Purchase orders accepted in accordance with this Section are referred to as "Purchase Orders." EDS shall have no responsibility or liability for Licensed Software or Services provided without a Purchase Order so long as EDS returns such Licensed Software to Chordiant, at Chordiant's expense.
Issuance and Acceptance of Purchase Orders. 3.2.1 Buyer may issue to Seller one or more purchase orders identifying the Products Buyer desires to purchase from Seller. Each Purchase Order may include other terms and conditions which are consistent with the terms and conditions of this Agreement, or which are necessary to place a Purchase Order, such as billing and shipping information, required delivery dates, delivery locations, and the purchase price or charges for Products. Purchase Orders must be in writing from a person duly authorized by Buyer to make such an order and may be placed by Buyer by fax or email.
3.2.2 A Purchase Order shall not be accepted by Seller unless Seller notifies Buyer either in writing or email or fax after receiving the Purchase Order that Seller accepts the Purchase Order. Unless expressly accepted by Seller, any pre- printed terms and conditions appearing in Buyer’s Purchase Order that conflict with the terms and conditions of this Agreement or Seller’s Standard Terms and Conditions of Sale appearing on Seller’s Website or in other documentation shall be void.
3.2.3 This Agreement shall not obligate Buyer to purchase any Products or services except as specifically set forth in a written Purchase Order or Sales Order Confirmation Form.
Issuance and Acceptance of Purchase Orders. Tech Data may purchase and KOFAX shall sell to Tech Data, Products as described below:
(a) Tech Data may issue to KOFAX one or more purchase orders identifying the Products Tech Data desires to purchase from KOFAX. Each Purchase Order may include other terms and conditions which are consistent with the terms and conditions of this Agreement, or which are necessary to place a Purchase Order, such as billing and shipping information, required delivery dates, delivery locations, and the purchase price or charges for Products, including any discounts or adjustments for special marketing programs. Purchase orders will be placed by Tech Data by fax or electronically transferred and followed by a written confirmation within five (5) working days to avoid cancellation of the purchase order.
(b) A Purchase Order shall be deemed accepted by KOFAX unless KOFAX notifies Tech Data in writing within five (5) days after receiving the Purchase Order that KOFAX does not accept the Purchase Order.
Issuance and Acceptance of Purchase Orders. During the term of these Terms and Conditions, Buyer may request Contractor to perform Work by issuing a Purchase Order to Contractor signed by Buyer’s Designated Representative or other authorized representative of Buyer. Subject to Section 2.5 (Emergency Work), Contractor will not commence Work without receipt of a Purchase Order. The Purchase Order will specify, at a minimum, the: (i) other Contract Documents, (ii) Scope of Work, (iii) Submittals; (iv) Contract Price, (v) time for performance and Milestone Dates, (vi) Buyer’s and Contractor’s Designated Representatives,
Issuance and Acceptance of Purchase Orders. The parties may purchase Products as described below:
(A) CMN shall place orders for the SDSL Router, and Netopia shall place orders for the CopperRocket 201, pursuant to written purchase orders ("Purchase Order(s)"). Each Purchase Order shall specify: (i) Product model and part number; (ii) price; (iii) quantity requested; (iv) requested shipment dates; and (v) exact "ship-to" and "invoice-to" addresses. To the extent that any such Purchase Order contains terms or conditions inconsistent with the terms of this Agreement, such inconsistent terms and conditions are hereby deemed rejected without further action by the selling party. Purchase orders may be placed by fax or electronically transferred provided that it is followed by a written confirmation within five (5) working days. Such written confirmation shall be clearly marked "Confirmation of Prior Order". It is the intent of the parties that a Purchase Order will be placed by each party at least once every ninety (90) days to reflect such party's expected purchases during the succeeding ninety (90) day period.
(B) All Purchase Orders are subject to written acceptance by the selling party at its principal place of business.
(C) Minimum Purchase Order amount is three hundred (300) units of a Product. Each Purchase Order may request delivery over a six month period; provided, however, that the minimum shipment quantity is fifty (50) units of a Product. The Purchase Order can mix and match any product defined in Exhibit C so long as the total order is equal to or greater than 300 units.
(D) CMN acknowledges that Netopia's current standard lead time to fulfill a Purchase Order for SDSL Routers is twelve (12) weeks, and Netopia acknowledges that CMN's current standard lead time to fulfill a Purchase Order for CopperRocket 201s is ten (10) weeks. Notwithstanding the foregoing, the parties will exercise their best efforts to fulfill Purchase Orders in an expeditious manner.
Issuance and Acceptance of Purchase Orders. COMSTOR may purchase and Cisco shall sell and license to COMSTOR, Products as described below. Cisco grants COMSTOR a license to distribute Software per Article 5.
(a) COMSTOR shall purchase Products by issuing a written or electronic purchase order indicating specific Products, Cisco's Product number, any internal Product numbers assigned by COMSTOR, quantity, unit price, total extended net purchase price, complete shipping address and instructions, requested delivery dates, and any other special instructions. The terms and conditions of this Agreement prevail regardless of any additional or conflicting terms on the purchase order or other correspondence. Notwithstanding the foregoing, additional or different terms for special promotional transactions may be mutually agreed to in writing by COMSTOR and Cisco's Director of Distribution. All purchase orders must be approved and accepted by Cisco's Customer Service organization in California or other offices as designated in writing by Cisco. Cisco will use commercially reasonable efforts to notify COMSTOR of acceptance or rejection of orders within five (5) working days after receipt of order.
(b) This Agreement shall not obligate COMSTOR to purchase any Products or services except as specifically set forth in a written purchase order.
(c) During the term of this Agreement, Cisco may make the Products available for order in and delivery from an alternate central location and/or a Cisco affiliate, if it chooses. In the event that Cisco does so, COMSTOR will order the Products according to the procedures set forth at the time such delivery becomes available. At such time, orders in conformance with Cisco's policies will be shipped according to the availability and expedited leadtimes described in the procedures. Cisco shall have the right to change delivery terms and include additional charges, if any, at the time such alternate order and delivery process is implemented by Cisco.
Issuance and Acceptance of Purchase Orders. Waxess shall notify Brightpoint of its acceptance or rejection of a Purchase Order within five (5) business days after Waxess’ receipt of the Purchase Order. In the event Waxess fails to accept or reject a Purchase Order within five (5) business days, such Purchase Order shall be deemed accepted. Waxess shall accept all Purchase Orders that comply with the terms of this Agreement and are consistent with Brightpoint’s Product Forecasts, such forecasts having been mutually reasonably agreed between Waxess and Brightpoint pursuant to Section3.03. Notice of acceptance shall include confirmation of requested quantities, dates and prices, consistent with the terms of this Agreement. Waxess shall use commercially reasonable efforts to accommodate any changes to previously accepted Purchase Orders.
Issuance and Acceptance of Purchase Orders. During the term of these Terms and Conditions, Xxxxx may request Contractor to perform Work by issuing a Purchase Order to Contractor signed by Xxxxx’s Designated Representative or other authorized representative of Buyer. Contractor shall not commence Work without receipt of a Purchase Order from Buyer. The Purchase Order shall specify, at a minimum, the: (i) other Contract Documents,
Issuance and Acceptance of Purchase Orders. Purchase Orders issued by Buyer to Seller shall reference this Agreement, set forth information including the required Product, quantities, delivery dates, prices, destination, carrying method, consignee at destination, shipping instructions, purchase order number and other details as may be reasonably requested by Seller. Purchase Order may be in the form of an e-mail or fax. If any terms or conditions on the Purchase Order conflict with terms and conditions in this Agreement, this Agreement shall prevail. Purchase Order acknowledgement by Seller shall be made by e-mail or fax (or by another form of written confirmation mutually agreed to by the parties) within fourteen (14) business days (excluding Saturdays) from receipt of Purchase Order (or electronic purchase order, as the case may be) from Buyer and shall be promptly followed by a hard copy acknowledgement (“Acknowledgement Period”). The Purchase Order will not constitute a binding obligation on the Seller until and unless Seller accepts the Purchase order in accordance with this Agreement.
Issuance and Acceptance of Purchase Orders. EDS and Supplier agree that, except for resale of the Licensed Software, EDS will be ordering the Licensed Software for use by EDS on a project by project basis (each a "Project"). EDS will issue to Supplier written purchase orders identifying the Products and Services EDS desires to obtain from Supplier. Each such Purchase Order shall indicate the Product being ordered, the license being purchased, and the Project for which the Product will be used. Such purchase orders shall be consistent with the terms and conditions of this Agreement. Supplier shall accept purchase orders or alterations thereto which do not establish new or conflicting terms and conditions from those set forth in this Agreement. Supplier shall also accept purchase orders incorporating terms and conditions which have been separately agreed upon in writing by
