Ordering and Shipment Clause Samples
The "Ordering and Shipment" clause defines the procedures and requirements for placing orders and delivering goods under the agreement. It typically outlines how orders must be submitted, accepted, and processed, as well as the timelines and methods for shipping products to the buyer. For example, it may specify minimum order quantities, lead times, and responsibilities for shipping costs or risk of loss during transit. This clause ensures both parties have a clear understanding of the logistics involved, reducing the risk of misunderstandings or disputes related to order fulfillment and delivery.
Ordering and Shipment. (a) Avistar expects to purchase approximately * Tandberg TC 2000 units, or more, during the Initial Term of this Agreement but no less than * Tandberg TC 2000 units. Avistar agrees to provide Tandberg with a non-binding forecast, updated quarterly, of Avistar's anticipated requirements for Tandberg TC 2000 units, by quarter, during the four (4) quarter period following each such forecast. Tandberg acknowledges that such forecasts are estimates only, are inherently uncertain, and are not purchase orders or otherwise binding on the parties provided that Avistar understands that such estimates are utilized as a guideline in determining production requirements, thereby possibly having an impact on delivery scheduling.
(b) Subject to meeting the Specifications by the requested shipment date as described in Exhibit A, this Agreement shall constitute Avistar's initial purchase order of * Tandberg TC 2000 units. Tandberg may invoice Avistar, in advance, for * TC 2000 units in conjunction with delivery of the Avistar Units described in Section 8. Payment terms for the * units will be net thirty days. Avistar requests shipment by August 1, 1997 or as soon thereafter as possible and, in no event, later than thirty (30) days thereafter. Ship to address will be the following Avistar location: Avistar Systems, L.P. 992 ▇▇▇ ▇▇▇▇▇▇▇ ▇▇ ▇▇▇▇ ▇▇▇▇, ▇▇ ▇▇▇▇▇ * Confidential portions omitted pursuant to a confidential treatment request and filed separately with the Securities and Exchange Commission.
(c) Provided that Avistar is not in breach of one or more of the terms of this Agreement, Tandberg shall, within ten (10) days of each Avistar purchase order, issue a written acknowledgment of Avistar's purchase order. Avistar's purchase orders may be canceled without penalty provided written notice thereof is received by Tandberg at least forty-five (45) days prior to Avistar's requested shipment date. Within forty-five (45) days prior to Avistar's requested shipment date, orders may be rescheduled by up to ninety (90) days without penalty or canceled subject to a cancellation penalty of *. Tandberg shall comply with all instructions of Avistar to reschedule shipments provided that Tandberg receives such rescheduling instructions at least thirty (30) days prior to Avistar's requested shipment date. * Confidential portions omitted pursuant to a confidential treatment request and filed separately with the Securities and Exchange Commission. Tandberg agrees to ship units of the Tand...
Ordering and Shipment. 6.1 All orders for Products are subject to acceptance by ARDENT, fulfillment of its credit requirements and are governed by the terms and conditions of this Agreement, which are automatically incorporated, even if VAR fails to reference this Agreement on its order. Any other terms and conditions on any order for Products submitted during this Agreement are superseded and nonbinding unless accepted in writing by Ardent.
Ordering and Shipment. We will specify in the Exhibit the Specific Products that are eligible for export under this offering. We will not export Products. We will ship Products to you, your Remarketer or their End Users only in the country in which you acquire the Products from us.
Ordering and Shipment
