Orders And Production Release. Buyer shall issue purchase orders by the 15th day of each calendar month or three (3) business days after Seller’s response to the applicable Buyer Forecast, whichever occurs later, for wafer outs during the calendar month two months hence. By way of illustration, a purchase order is due by January 15th for wafer outs scheduled for March. Seller shall have no liability as to any commitments by Seller with respect to wafer outs as to which a purchase order is not timely received. Notwithstanding Buyer’s failure to timely issue a purchase order, Buyer is committed with respect to quantities to which Buyer has committed in a Buyer Forecast to the extent such amounts have been accepted by Seller. No order for production quantities of a Product shall be placed by Buyer unless and until Buyer has approved the pilot runs or prototypes for the Product. If Buyer properly places a purchase order for production quantities of a Product, Seller may deem such an order as written production release approval for such Product. All purchase orders shall be in writing. Seller shall acknowledge in writing, within three (3) business days of receipt of a purchase order, either the acceptance of the order, or the reason such order cannot be accepted, or if Seller wishes to modify such order If Seller does not provide such acknowledgement within the time provided, Buyer shall contact Seller to determine the cause for the lack of acknowledgment. Other than variances in quantities ordered, no acceptance of a purchase order shall constitute acceptance of any terms at variance with this Agreement and/or previously accepted forecasts, and purchase orders shall be null and void as to those variances.
Orders And Production Release. No order for production quantities of a ----------------------------- Product shall be placed by Buyer unless and until Buyer has approved the pilot runs or prototypes for the Product. If Buyer properly places an order for production quantities of a Product, Seller may deem such an order as written production release approval for such Product. All orders for Products shall be in writing. Seller shall acknowledge in writing, within three (3) business days of receipt of an order, either the acceptance of the order, or the reason such order cannot be accepted, or if Seller wishes to modify such order. If Seller does not provide such acknowledgement within the time provided, Buyer shall contact Seller to determine the cause for the lack of acknowledgment. No acceptance of a purchase order shall constitute acceptance of any terms at variance with this Agreement and/or previously agreed forecasts, and purchase orders shall be null and void as to those variances.
Orders And Production Release. 3.1 Lexar shall issue purchase orders by the 15th day of each calendar month for wafer outs during the calendar month * months hence. By way of illustration, a purchase order is due by January 15th for wafer outs scheduled for *. All purchase orders shall be in writing. Notwithstanding any statement to the contrary in any order-related documentation, all orders shall be subject to UMC’s Wafer Foundry Standard Terms and Conditions (except to the extent, if any, such terms and conditions are in conflict with this Agreement in which event this Agreement controls), and other than variances in quantities ordered, no acceptance of a purchase order shall constitute acceptance of any terms at variance with this Agreement or UMC’s Wafer Foundry Standard Terms and Conditions and/or previously accepted forecasts, and purchase orders shall be null and void as to any such variances.
3.2 UMC shall acknowledge in writing, within three (3) business days of receipt of a purchase order, either the acceptance of the order, or the reason such order cannot be accepted, or if UMC wishes to modify such order. If UMC does not provide such acknowledgment within the time provided, Lexar shall contact UMC to determine the cause for the lack of acknowledgment.
3.3 Unless wafer processing has started, or UMC has incurred engineering or tooling charges, Lexar may cancel or modify a purchase order without penalty by delivering to UMC a written notice of cancellation or modification within three (3) days of UMC’s receipt of the original purchase order involved; provided however that no such cancellation will relieve Lexar of any obligations under any other applicable provisions or agreements including without limitation any obligation to comply with loading commitments, Buyer Forecasts (to the extent accepted) and/or purchase orders. Until wafer processing has started, Lexar may request changes to the product mix within any particular Technology, and UMC shall exert its best efforts to meet such requests. Lexar may at any time request that the scheduled wafer out date for any wafer(s) be accelerated or delayed, and such requests shall be considered on a case-by-case basis, with the understanding that UMC shall make reasonable efforts to accommodate such requests, but shall not be obligated to do so.
3.4 Except as provided in Section 3.3 with respect to wafers, which have not been started, cancellation of purchase orders is not permitted.
3.5 Delivery will be made FCA (Incoterms 2000), Ma...
Orders And Production Release. No order for production quantities of a Product shall be placed by Conexant unless and until Conexant has approved the pilot runs or prototypes for the Product. If Conexant places an order for production quantities of a Product in accordance with the provisions of this Agreement, UMC may deem such an order as written production release approval for such Product. All orders for Products shall be in writing. UMC shall acknowledge in writing, within three (3) business days of receipt of an order its rejection or any modification of the order by either fax or, (if provided), e-mail notice to Conexant's Purchasing agent identified on the face of the purchase order. Other than variances in quantities ordered, no acceptance of a purchase order shall constitute acceptance of any terms at variance with this Agreement, the Capacity Agreement (where applicable) and/or previously agreed forecasts, and purchase orders shall be null and void as to those variances.
