Modifications and Scheduling POs. (a) All delivery dates, shipping instructions, quantities ordered and other like terms of a PO may be revised upon the issuance by Buyer to Seller of a change order in writing; provided that any and all changes set forth in such change orders must first be mutually agreed to by and between Buyer and Seller. If any such change results in an increase or decrease in the cost or time required for the performance of the work under the PO, there shall be a mutually agreed equitable adjustment of the PO price and the scheduled delivery date(s). Buyer shall pay for all work that Seller commenced for which the Seller has incurred costs under the PO prior to any quantities being decreased. Seller shall not be obligated to proceed with any requested changed or extra work, or other terms, until the price of such change and its effect on the scheduled delivery date(s) have been agreed upon and effected by a change order. (b) Seller agrees to provide a general schedule and confirmation of completion/shipment date(s) at the time a PO is placed and accepted; provided that none of these schedules or confirmations shall modify any applicable agreed delivery date(s) set forth in the relevant POs as accepted by Seller. Subject to appropriate safeguards for the protection of Seller’s proprietary information and upon reasonable advance request, Seller also agrees to allow Buyer’s staff regular access to its facilities to review the PO status and quality, and to provide a bi-monthly report on schedule status. In the event that any portion of the Seller Goods falls behind schedule, Seller shall (a) provide a detailed schedule and verbal updates as needed with regard to the status of the PO completion and (b) allow for on-site expediting by Buyer or an agent appointed by them.
Appears in 7 contracts
Samples: Supply Agreement, Supply Agreement (BAKER HUGHES a GE Co LLC), Supply Agreement (BAKER HUGHES a GE Co LLC)
Modifications and Scheduling POs. (a) All delivery dates, shipping instructions, quantities ordered and other like terms of a PO may be revised upon the issuance by Buyer to Seller of a change order in writingwriting (a “PO Modification Agreement”); provided provided, however, that any and all changes set forth in such change orders PO Modification Agreement must first be mutually agreed to by and between Buyer and Seller. If any such change results in an increase or decrease in the cost or time required for the performance of the work under the PO, there shall be a mutually agreed equitable adjustment of the PO price and the scheduled delivery date(s)dates. Buyer shall pay for all work that Seller commenced for which the Seller has incurred costs under the PO prior to any quantities being decreased. Seller shall not be obligated to proceed with any requested changed changes or extra work, or other terms, until the price of such change and its effect on the scheduled delivery date(s) dates have been agreed upon and effected by a change orderPO Modification Agreement.
(b) Seller agrees to provide a general schedule and confirmation of completion/shipment date(s) dates at the time a PO is placed and accepted; provided provided, however, that none of these schedules or confirmations shall modify any applicable agreed delivery date(s) dates set forth in the relevant POs as accepted by Seller. Subject to appropriate safeguards for the protection of Seller’s proprietary information and upon reasonable advance request, Seller also agrees to allow Buyer’s staff regular access to its facilities to review the PO status and quality, and to provide a bi-monthly report on schedule status. In the event that any portion of the Seller Goods PO falls behind schedule, Seller shall (ai) provide a detailed schedule and verbal updates as needed with regard to the status of the PO completion and (bii) allow for on-site expediting by Buyer or an agent appointed by themthereby.
Appears in 2 contracts
Samples: Supply and Distribution Agreement (BAKER HUGHES a GE Co LLC), Supply and Distribution Agreement (Baker Hughes a GE Co)
Modifications and Scheduling POs. (a) All delivery dates, shipping instructions, quantities ordered and other like terms of a an Accepted PO may be revised upon the issuance by Buyer Purchaser to Seller Supplier of a change order in writing; provided that any and all changes set forth in such change orders must first be mutually agreed to by and between Buyer Purchaser and SellerSupplier. If any such change results in an increase or decrease in the cost or time required for the performance of the work under the Accepted PO, there shall be a mutually agreed equitable adjustment of the Accepted PO price and the scheduled delivery date(s). Buyer Purchaser shall pay for all documented work that Seller Supplier commenced for which the Seller Supplier has incurred costs under the Accepted PO prior to any quantities being decreased, provided that Supplier shall take commercially reasonable efforts to reduce such costs by re-using parts and components to the extent possible in its HDGT manufacturing business. Seller Supplier shall not be obligated to proceed with any requested changed or extra work, or other terms, until the price of such change and its effect on the scheduled delivery date(s) have been agreed upon and effected by a change order.
(b) Seller Supplier agrees to provide a general schedule (with detail reasonably sufficient for the complexity of the scope of supply of the application to Purchaser to verify the progress in light of Supplier’s commitment) and confirmation of completion/shipment date(s) at the time a PO is placed and accepted; provided that none of these schedules or confirmations shall modify any applicable agreed delivery date(s) set forth in the relevant POs as accepted by SellerSupplier. Subject to appropriate safeguards for the protection of SellerSupplier’s proprietary information and upon reasonable advance request, Seller Supplier also agrees to allow BuyerPurchaser’s staff regular access to its facilities to review the Accepted PO status and quality, and to provide a bi-monthly report on schedule status. In the event that any portion of the Seller Goods Exclusive Products or Exclusive Services falls behind scheduleagreed delivery schedule in respect of the applicable Accepted PO, Seller Supplier shall (ai) without prejudice to Purchaser’s rights under the Supplier Terms, provide a periodic written reasonably detailed schedule and verbal updates report on action items as needed with regard to the status of the Accepted PO completion and (bii) allow for on-site expediting by Buyer Purchaser or an agent appointed by them.
Appears in 2 contracts
Samples: Supply Agreement, Supply Agreement (BAKER HUGHES a GE Co LLC)
Modifications and Scheduling POs. (a) All delivery dates, shipping instructions, quantities ordered and other like terms of a an Accepted PO may be revised upon the issuance by Buyer Distributor to Seller Supplier of a change order in writing; provided that any and all changes set forth in such change orders must first be mutually agreed to by and between Buyer Distributor and SellerSupplier. If any such change results in an increase or decrease in the cost or time required for the performance of the work under the Accepted PO, there shall be a mutually agreed equitable adjustment of the Accepted PO price and the scheduled delivery date(s). Buyer Distributor shall pay for all documented work that Seller Supplier commenced for which the Seller Supplier has incurred costs under the Accepted PO prior to any quantities being decreased, provided that Supplier shall take commercially reasonable efforts to reduce such costs by re-using parts and components to the extent possible in its HDGT manufacturing business. Seller Supplier shall not be obligated to proceed with any requested changed or extra work, or other terms, until the price of such change and its effect on the scheduled delivery date(s) have been agreed upon and effected by a change order.
(b) Seller Supplier agrees to provide a general schedule (with detail reasonably sufficient for the complexity of the scope of supply of the application to Distributor to verify the progress in light of Supplier’s commitment) and confirmation of completion/shipment date(s) at the time a PO is placed and accepted; provided that none of these schedules or confirmations shall modify any applicable agreed delivery date(s) set forth in the relevant POs as accepted by SellerSupplier. Subject to appropriate safeguards for the protection of SellerSupplier’s proprietary information and upon reasonable advance request, Seller Supplier also agrees to allow BuyerDistributor’s staff regular access to its facilities to review the Accepted PO status and quality, and to provide a bi-monthly report on schedule status. In the event that any portion of the Seller Goods Exclusive Products or Exclusive Services falls behind scheduleagreed delivery schedule in respect of the applicable Accepted PO, Seller Supplier shall (ai) without prejudice to Distributor’s rights under the Supplier Terms, provide a periodic written reasonably detailed schedule and verbal updates report on action items as needed with regard to the status of the Accepted PO completion and (bii) allow for on-site expediting by Buyer Distributor or an a qualified agent appointed by themDistributor.
Appears in 1 contract
Samples: HDGT Distribution and Supply Agreement (BAKER HUGHES a GE Co LLC)
Modifications and Scheduling POs. (a) All delivery dates, shipping instructions, quantities ordered and other like terms of a PO may be revised upon the issuance by Buyer to Seller of a change order in writing; provided that any and all changes set forth in such change orders must first be mutually agreed to by and between Buyer and Seller. If any such change results in an increase or decrease in the cost or time required for the performance of the work under the PO, there shall be a mutually agreed equitable adjustment of the PO price and the scheduled delivery date(s). Buyer shall pay for all work that Seller commenced for which the Seller has incurred costs under the PO prior to any quantities being decreased. Seller shall not be obligated to proceed with any requested changed or extra work, or other terms, until the price of such change and its effect on the scheduled delivery date(s) have been agreed upon and effected by a change order.
(b) Seller agrees to provide a general schedule and confirmation of completion/shipment date(s) at the time a PO is placed and accepted; provided that none of these schedules or confirmations shall modify any applicable agreed delivery date(s) set forth in the relevant POs as accepted by Seller. Subject to appropriate safeguards for the protection of Seller’s proprietary information and upon reasonable advance request, Seller also agrees to allow Buyer’s staff [Fulfilment and Supplier Quality Engineer][staff] regular access to its facilities to review the PO status and quality, and to provide a bi-monthly report on schedule status. In the event that any portion of the Seller Goods falls behind schedule, Seller shall (a) provide a detailed schedule and verbal updates as needed with regard to the status of the PO completion and (b) allow for on-site expediting by Buyer or an agent appointed by them.
Appears in 1 contract
Samples: Supply Agreement (Bear Newco, Inc.)