Common use of Orders and Acceptance Clause in Contracts

Orders and Acceptance. 4.1 Orders for products and/or services shall be submitted to ResMed by Customer in writing via the ResMed Online Store (ROS), via electronic data interchange or via such other order procedures communicated by ResMed to Customer in writing from time to time. ResMed may, at its discretion, also accept to receive orders by phone, fax or email. Customer orders for products and/or services are subject to acceptance by ResMed, including approval by ResMed’s credit department, and shall not be considered accepted by ResMed unless/until communicated by ResMed in writing and/or processed by ResMed. 4.2 Notwithstanding the foregoing, ResMed may reject orders for any reason including but not limited to the following (i) Customer’s failure to follow ResMed order procedures, (ii) Customer has not paid amounts due to ResMed, or (iii) Customer exceeds its credit limit (if any). ResMed shall use its reasonable efforts to notify Customer of the rejection of an order within a reasonable time following receipt of Customer’s order.