Common use of Order and Acceptance Clause in Contracts

Order and Acceptance. Before accepting order from its customers, Hakuto shall place written order inquiry for the Products with Manufacturer on Hakuto's standard order inquiry form setting forth the quantity of Products, the specifications therefor, and the desired delivery date. Manufacturer shall use its reasonable best efforts to notify Distributor of the acceptance or rejection of an order inquiry and of the assigned delivery date for accepted orders within five (5) days after receipt of the order inquiry. Upon acceptance of the order inquiry by the Manufacturer, Hakuto shall place written orders for the Products with Manufacturer on Hakuto's standard purchase order form setting forth the quantity of Products, the specifications therefor, and the desired delivery date as agreed by Manufacturer. To facilitate Manufacturer's production scheduling, Distributor shall submit purchase orders to Manufacturer at least sixty (60) days prior to the first day of the requested month of delivery. No order shall be binding upon Manufacturer until accepted by Manufacturer in writing, and Manufacturer shall have no liability to Distributor with respect to purchase orders that are not accepted. No partial shipment of an order shall constitute the acceptance of the entire order, absent the written acceptance of such entire order. Manufacturer shall use its reasonable best efforts to deliver Products at the times specified -------- * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 2 either in its quotation or in its written acceptance of Distributor's purchase orders. The Products sold to Hakuto by Manufacturer shall be shipped F.O.B. (as defined in Section 2319 of the California Uniform Commercial Code) Manufacturer's factory at Fremont, CA to the destination in the Territory designated by Hakuto in the purchase order, unless otherwise agreed by the parties. Hakuto will supply a [*] rolling forecast throughout the agreement.

Order and Acceptance. Before accepting order from its customers, Hakuto Sun shall place written order inquiry for the Products with Manufacturer on HakutoSun's standard order inquiry form setting forth the quantity of Products, the specifications therefor, and the desired delivery date. Manufacturer shall use its reasonable best efforts to notify Distributor of the acceptance or rejection of an order inquiry and of the assigned delivery date for accepted orders within five (5) days after -------- * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. receipt of the order inquiry. Upon acceptance of the order inquiry by the Manufacturer, Hakuto Sun shall place written orders for the Products with Manufacturer on HakutoSun's standard purchase order form setting forth the quantity of Products, the specifications therefor, and the desired delivery date as agreed by Manufacturer. To facilitate Manufacturer's production scheduling, Distributor shall submit purchase orders to Manufacturer at least sixty (60) days prior to the first day of the requested month of delivery. No order shall be binding upon Manufacturer until accepted by Manufacturer in writing, and Manufacturer shall have no liability to Distributor with respect to purchase orders that are not accepted. No partial shipment of an order shall constitute the acceptance of the entire order, absent the written acceptance of such entire order. Manufacturer shall use its reasonable best efforts to deliver Products at the times specified -------- * Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. 2 either in its quotation or in its written acceptance of Distributor's purchase orders. The Products sold to Hakuto Sun by Manufacturer shall be shipped F.O.B. (as defined in Section 2319 of the California Uniform Commercial Code) Manufacturer's factory at Fremont, CA to the destination in the Territory designated by Hakuto Sun in the purchase order, unless otherwise agreed by the parties. Hakuto Sun will supply a [*] rolling forecast throughout the agreement.