Common use of Order Acknowledgment and Acceptance/Rejection Clause in Contracts

Order Acknowledgment and Acceptance/Rejection. The terms and conditions of this Agreement shall apply to all HKIS Orders submitted to T/R and supersede any different or additional terms contained on HKIS' Orders or T/R's order acknowledgments or other similar documents. All orders are subject to acceptance, which acceptance shall not be unreasonably withheld by T/R, by issuance of an order acknowledgement or similar document. Notwithstanding the foregoing, HKIS Orders conforming to the requirements of this Agreement, which are not rejected by T/R within five (5) days of receipt, shall be automatically be deemed accepted by T/R. Lead times for Deliverables are specified in Schedule 2, and T/R shall not be required to deliver Deliverables earlier than the specified lead time from the date of receiving HKIS' Order. T/R shall use reasonable efforts to provide for timely delivery of accepted HKIS Orders. Notwithstanding the foregoing, T/R shall not be responsible for any expenses arising from a failure to deliver a quantity specified in a HKIS Order which exceeds the previously-forecasted quantity by more than * percent (*%), and in no event shall T/R be liable to HKIS or any third party for consequential damages such as loss of sales. HKIS shall be entitled to cancel or reschedule in whole or in part any Order which T/R is late in delivering by providing written notice thereof to T/R prior to actual delivery HKIS shall have the right to inspect Deliverables after delivery by T/R and to reject nonconforming or defective Deliverables within thirty (30) days of the date of delivery by requesting a Return Material Authorization number from T/R and returning the defective or nonconforming Deliverables to T/R, freight prepaid, F.O.B. HKIS' shipping dock. T/R shall, at its sole option and expense, either repair or replace the defective nonconforming Deliverables and return them to HKIS, freight prepaid, F.O.B. T/R's shipping dock, Norcross, Georgia.

Order Acknowledgment and Acceptance/Rejection. The terms and conditions of this Agreement shall apply to all HKIS Buyer Orders submitted to T/R Seller and supersede any different or additional terms contained on HKIS' Buyer's Orders or T/RSeller's order acknowledgments or other similar documents. All orders Buyer Orders are subject to acceptance, which acceptance shall not be unreasonably withheld by T/RSeller, by issuance of an order acknowledgement or similar document. Notwithstanding the foregoing, HKIS Buyer Orders conforming to the requirements of this Agreement, which are not rejected by T/R Seller within five (5) [ * ] days of receipt, shall be automatically be deemed accepted by T/R. Lead times for Deliverables are specified in Schedule 2, and T/R shall not be required to deliver Deliverables earlier than the specified lead time from the date of receiving HKIS' OrderSeller. T/R Seller shall use reasonable best efforts to provide for timely meet the delivery dates of accepted HKIS Buyer Orders. Notwithstanding Seller shall immediately notify Buyer, in writing, of any anticipated delay in meeting the foregoingdelivery schedule, T/R stating the reasons for the delay. If Seller's delivery fails to meet the committed delivery schedule, then Seller, upon Buyer's sole option, shall not be responsible for any expenses arising from a failure expedite the routing at Seller's sole expense, however, if Seller's delivery fails to deliver a quantity specified meet the schedule by in a HKIS Order which exceeds the previously-forecasted quantity by more than excess of [ * percent (*%)] days, then Buyer, at its sole option and in no event shall T/R be liable to HKIS without penalty or any third party for consequential damages such as loss additional expense of sales. HKIS shall be entitled any kind, may (i) require Seller to expedite the routing by the fastest available commercial carrier, (ii) reschedule to delivery, or (iii) cancel or reschedule the order in whole or in part with no penalty or charge of any Order which T/R is late in delivering by providing written notice thereof to T/R prior to actual delivery HKIS kind. Buyer shall have the right to inspect Deliverables after delivery by T/R Seller and to reject nonconforming or defective Deliverables within thirty (30) [ * ] days of the date of actual arrival at the delivery premises set forth in the shipping instructions by requesting a Return Material Authorization number from T/R Seller and returning the defective or nonconforming Deliverables to T/RSeller, freight prepaidcollect, F.O.B. HKIS' Customer's shipping dock. T/R Seller shall, at its sole option and expense, either repair or replace the defective nonconforming Deliverables and return them to HKISas directed, freight prepaid, F.O.B. T/RSeller's shipping dock, Norcross, Georgia. Seller shall not be responsible for any expediting expenses that may result from orders from Buyer that exceed Buyer's forecast for the applicable [ * ] day period or the applicable [ * ] day period.