Ordering Products. 3.1 The Customer may order Data Connectivity Products by submitting an Order Form in accordance with the terms of the Framework Agreement.
3.2 Provision of a Data Connectivity is subject to survey and subject to agreement of the relevant technical requirement document(s).
3.3 The Customer is responsible for providing the Service Provider with all information that is relevant for the provision of the Service, including information requested as part of the Order Form.
3.4 The Service Provider reserves the right to request additional information in order to provide a Data Connectivity Product prior to acceptance of an Order Form. Such additional information will be deemed to form part of the Order Form.
3.5 The Service Provider will have no responsibility for any failure to provide the Service, or any failure in the Service, which is a result of any failure on the Customer’s part to provide accurate and complete information. Failure to provide information as requested may result in delays in the Service commencement and/or charges being applied prior to the Service Commencement Date.
3.6 The provision of Services is conditional on a satisfactory Survey and, where applicable, agreement of the Site Wayleave by the Site Owner. The Agreement may be cancelled by either Party without liability if the results of any Survey are in either Party’s reasonable opinion unsatisfactory or the Site Wayleave is not agreed.
3.7 If a service is cancelled, amended or materially delayed by cause of the Customer’s default during the provision of the Service, the Customer shall reimburse the Service Provider for any stranded costs including any charges levied by Third Party Suppliers
3.8 No terms and conditions contained in any document provided by the Customer to the Service Provider (including without limitation on any Order Form) will apply and any such provisions are hereby excluded.
3.9 The Customer may add to or amend existing Data Connectivity Products by submitting a new Order Form and agreeing new technical requirement document(s) The Contract Term for any change will be as set out in the applicable Order Form.
Ordering Products. WEA shall cause the manufacture of and delivery to Company of such stocks of Products as shall be determined by WEA in WEA’s sole discretion.
Ordering Products. Purchaser shall place firm orders for Product(s) using its standard purchase orders, setting forth the quantity, subject to the applicable Minimum Order Quantity, and type of Product required (each a “Purchase Order”). In the event of any conflict between the provisions of this Agreement and any Purchase Order, the provisions of this Agreement shall control. Supplier is obliged to accept the Purchase Orders placed by Purchaser pursuant to Section 4.3 and this Section 4.4, provided that if the quantity of the Product ordered pursuant to a Purchase Order exceeds [***] of the applicable monthly forecast for each Product listed in the Purchase Order submitted by Purchaser for the month in question (an “Over-Order”), Supplier shall use reasonable efforts to supply the excess quantity, provided, however, Supplier shall not be in breach of this Agreement for the inability of Supplier to supply such excess quantities of the Product. The foregoing provision relating to Over-Orders shall not apply to the launch of any new Product or Product line. Instead, prior to the launch of any new Product or Product line, the Parties shall work together in good faith to try to predict the expected demand, to have manufacturing capacity available due to the uncertainties in doing so, and to allocate resources to reasonably accommodate unexpected demand, subject to a mutually agreed Over-Order percentage for each new Product. Supplier will send an order confirmation to Purchaser no later than three (3) business days after receipt of the Purchase Order from Purchaser. If Purchaser returns a confirmation within the foregoing period, the Purchase Order shall be considered a “Confirmed Purchase Order”. If the Purchaser does not return a confirmation within the foregoing period, the Purchase Order (to the extent it is within [***] of the applicable monthly forecast for each Product listed in the Purchase Order) shall be deemed to be a Confirmed Purchase Order. The Purchase Order confirmation shall be sent to the contact of Purchaser specified in Article XVIII or as otherwise notified to Supplier by Purchaser in writing. All Purchase Orders shall be sent by (a) an electronic data interface set up by the Parties (“EDI”), or (b) if the EDI is not functioning, then by email to Supplier to the contact of Supplier specified in Article XVIII or such other email address designated by Supplier in writing to Purchaser.
Ordering Products. WMI and its affiliates shall cause the manufacture of and delivery to Company of such stocks of Products as shall be determined by WMI in WMI’s sole discretion.
Ordering Products. 8.1.1 The Parties shall follow the processes for forecasting, ordering and scheduling the provision of the Products in accordance with the relevant Sub-Framework Agreement.
8.1.2 QNBN shall not reject an Order for a Product which has been placed in accordance with and complies in all respects with the relevant Sub- Framework Agreement.
Ordering Products. 18.1 All products must be ordered through the Pearlette’s website or the Xxxxx Xxx website. Products may not be ordered in person, over the phone or through email.
Ordering Products. 3.1 Products are purchased in consideration of a price which is displayed in Your shopping cart and the order becomes final when the Purchaser confirms the choice of Products he/she wishes to order.
3.2 ETS Global reserves the right to amend the prices and payment of terms of the Products and Services at any time, taking into consideration the evolution of the cost of such Products and Services. All amended prices and payment terms shall become effective immediately once they are posted on the Ecommerce Platform.
3.3 The Company shall be informed of any amendment to the price or payment terms of Products or Services as soon as it is posted on the Ecommerce Platform. ETS Global will also give the Company the option to terminate an outstanding purchase which is affected by such amendment should the Company not agree to such price variation.
3.4 Prices indicated on the Company’s invoice are exclusive of all sales taxes and VAT. Delivery costs are indicated to the Purchaser when Products are ordered online and will appear on the final invoice.
Ordering Products. 4.1 Purchase Orders – Reseller’s orders must be placed with TERADATA by utilizing the then-current TERADATA order process (such process may be changed by TERADATA during the term of this Agreement upon written notice to you) that will include, for purposes of this Agreement, TERADATA checking your order for configuration validity and TERADATA approving any Customer-specific requirements. TERADATA accepts an order from Reseller when TERADATA’s authorized representative signs it. Unless TERADATA specifically agrees in writing, any preprinted language on your order forms will not apply. TERADATA reserves the right not to accept any orders from Reseller for any reason without any liability; provided, however, that TERADATA will not unreasonably withhold its acceptance. In addition, TERADATA may make its acceptance of Reseller’s orders subject to entering into additional mutually acceptable credit arrangements, which may include Reseller making advance payments. If TERADATA accepts your order, the contract concerning it consists of this Agreement and the order, with the Agreement controlling to the extent of any conflict between this Agreement and the order.
Ordering Products. 4.1 Purchase Orders – Reseller’s orders must be placed with TERADATA by utilizing the then-current TERADATA order process (such process may be changed by TERADATA during the term of this Agreement upon written notice to you) that will include, for purposes of this Agreement, TERADATA checking your order for configuration validity and TERADATA approving any Customer-specific requirements. TERADATA accepts an order from Reseller when TERADATA’s authorized representative signs it. Unless TERADATA specifically agrees in writing, any preprinted language on your order forms will not apply. TERADATA reserves the right not to accept any orders from Reseller for any reason without any liability; provided, however, that TERADATA will not unreasonably withhold its acceptance. In addition, TERADATA may make its acceptance of Reseller’s orders subject to entering into additional mutually acceptable credit arrangements, which may include Reseller making advance payments. If TERADATA accepts your order, the contract concerning it consists of this Agreement and the order, with the Agreement controlling to the extent of any conflict between this Agreement and the order.
4.2 Lead Times — In order to enhance TERADATA’s ability to better meet your requested delivery dates in line with TERADATA’s normal production lead times, Reseller will use reasonable efforts to order Products at least sixty (60) days prior to the requested delivery date. Product specific lead-time information will be made available to you on request.
4.3 Delivery dates — TERADATA will use reasonable efforts to deliver the Products by the date stated on your TERADATA-accepted order. TERADATA will inform you of delays as far in advance as reasonably possible. If TERADATA’s performance is delayed (other than by a force majeure) for an unreasonable length of time, Reseller may cancel the order without penalty under exclusion of all further claims.
4.4 Rescheduling Orders — Reseller may reschedule its orders only on the following conditions: (i) you may reschedule each order only once; (ii) you must give TERADATA written notice of your request to reschedule an order at least thirty (30) days before the scheduled shipment date; and (iii) you may not delay shipment of the order by more than ninety (90) days after the originally scheduled shipment date. A request for rescheduling that does not meet each of these criteria may, at TERADATA’s discretion, be treated as an order cancellation.
4.5 Canceled Orders – Rese...
Ordering Products. 4.1. You may have the option to purchase Products over the Online Services using a credit card and by sending that information over the Internet to a Third-Party Vendor ("Vendor") to whom your order is directed. The OnLine Services use the "Secure Sockets Layer," which is intended to encrypt your communication to protect the information from access by unauthorized third parties. Neither pcOrder nor any Vendor, however, can guarantee that the Secure Sockets Layer will operate as intended or that a third party will not be able to access such information. If you have any concerns about sending such information over the Internet, you should use an alternative means of payment. You agree that pcOrder shall not have any liability for any failure by the encryption technology to protect your information.
4.2. The prices contained on the pcOrder system have been provided to pcOrder by third parties and, to the best of pcOrder's knowledge, the prices are accurate. If You submit an order and it is determined that the prices on which the order was based are in fact, inaccurate, Your Order will be rejected and You will have the opportunity to submit a new order at the correct pricing.
4.3. pcOrder is not a party to transactions between you and any Vendor. PCORDER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES WHETHER EXPLICIT, IMPLIED, OR STATUTORY REGARDING GOODS OR SERVICES YOU OBTAIN FROM VENDORS AND YOU AGREE TO LOOK SOLELY TO SUCH VENDORS FOR ALL CLAIMS REGARDING THE GOODS OR SERVICES.
