ORDER PROCESS AND CONTRACT FORMATION Sample Clauses

ORDER PROCESS AND CONTRACT FORMATION. 3.1 Placing an Order The Customer will order Products using the Supplier’s approved sales channels (Product Request). Each Product Request will be a separate offer by the Customer to buy the relevant Products. The Supplier may accept or decline any Product Request in whole or in part at its absolute discretion.
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ORDER PROCESS AND CONTRACT FORMATION. 4.1 Placing an Order The Customer and any Member may order Products using the Supplier’s approved sales channels (Product Request) at the Prices set out in the Agreement. Each Product Request will be a separate offer by the Customer or the Member (as the case may be) to buy the relevant Products in accordance with the Terms of Business. The Supplier may accept or decline any Product Request in whole or in part at its absolute discretion. Where the Supplier accepts a Product Request (at which point it will become binding (Order)) from the Customer, the resulting contract will be a contract between the Supplier and the Customer. Where the Supplier accepts a Product Request from a Member, the contract will be between the Supplier and that Member. Any reference in the Terms of Business to “Customer” is to be construed as a reference to the party from whom the Product Request is received, being either the Customer (as defined in the Agreement) or a Member. 4.2 The Customer will ensure that each Member accepts the arrangement set out in Section 4.1 and is responsible for notifying the Members of any change under the Agreement which affects the terms of any Order. Where there is a conflict between the terms of the Agreement and any Order, the terms of the Agreement shall prevail.

Related to ORDER PROCESS AND CONTRACT FORMATION

  • Contract Formation Subject to FAR Sections 1.601(a) and 43.102, the Government Order must be signed by a duly warranted contracting officer, in writing. The same requirement applies to contract modifications affecting the rights of the parties. All terms and conditions intended to bind the Government must be included within the contract signed by the Government.

  • SALES AND ORDER PROCESSING CHARGE Contractor shall sell its products to END USERS based on the pricing and terms of this Agreement. H-GAC will invoice Contractor for the applicable order processing charge when H-GAC receives notification of an END USER order. Contractor shall remit to H-GAC the full amount of the applicable order processing charge, after delivery of any product or service and subsequent END USER acceptance. Payment of the Order Processing Charge shall be remitted from Contractor to H-GAC, within thirty (30) calendar days or ten (10) business days after receipt of an END USER’s payment, whichever comes first, notwithstanding Contractor’s receipt of invoice. For sales made by Contractor based on this Agreement, including sales to entities without Interlocal Agreements, Contractor shall pay the applicable order processing charges to H-GAC. Further, Contractor agrees to encourage entities who are not members of H-GAC’s Cooperative Purchasing Program to execute an H-GAC Interlocal Agreement. H-GAC reserves the right to take appropriate actions including, but not limited to, Agreement termination if Contractor fails to promptly remit the appropriate order processing charge to H-GAC. In no event shall H-GAC have any liability to Contractor for any goods or services an END USER procures from Contractor. At all times, Contractor shall remain liable to pay to H-GAC any order processing charges on any portion of the Agreement actually performed, and for which compensation was received by Contractor.

  • Interconnection Facilities Engineering Procurement and Construction Interconnection Facilities, Network Upgrades, and Distribution Upgrades shall be studied, designed, and constructed pursuant to Good Utility Practice. Such studies, design and construction shall be based on the assumed accuracy and completeness of all technical information received by the Participating TO and the CAISO from the Interconnection Customer associated with interconnecting the Large Generating Facility.

  • ASSIGNMENT AND SUB-CONTRACTING The benefit and burden of this Contract may not be assigned or sub-contracted in whole or in part by the Contractor without the prior written consent of the Department. Such consent may be given subject to any conditions which the Department considers necessary. The Department may withdraw its consent to any sub-contractor where it no longer has reasonable grounds to approve of the sub-contractor or the sub-contracting arrangement and where these grounds have been presented in writing to the Contractor.

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