ORDERS AND RETURNS. As of the date of this Agreement, IVP does not have any commitments or unfulfilled orders for the sale of merchandise. As of the date of this Agreement, there are no claims against IVP to return any merchandise.
ORDERS AND RETURNS. 5.1 Reseller Orders Before placing any order with Authorized Adobe Distributors for Software Products other than shrink-wrap Software Products, Reseller must ensure that it has received corresponding orders from End Users for the Software Products. The number of licenses indicated on the purchase order issued by Reseller cannot exceed the number of licenses ordered by the End User. Reseller is required to maintain records of all orders for Authorized Programs that it processes. Upon request by Adobe, Reseller will provide Adobe with documentary proof that Reseller has complied with this Clause 5.1 (Reseller Orders). If Adobe finds acceptable order documentation has not been received by the Reseller in advance of placing an order, then Adobe may (i) back out such transactions from Reseller’s financial incentives (e.g., deal registration payout and rebate qualifying revenue), or (ii) debit any future payments to Reseller by any amount previously awarded due to such transactions.
ORDERS AND RETURNS. Unless the Hardware is expressly identified in the SKYWIRE Sales Quote, all orders for Hardware are subject to acceptance in writing by SKYWIRE. Any order of Customer not accepted in writing by SKYWIRE is deemed rejected. SKYWIRE shall use reasonable efforts to deliver the Hardware to Customer’s premises on a mutually agreed upon date. Once SKYWIRE has accepted an order, SKYWIRE may, but is not obligated to, agree to cancellation at Customer’s request. If SKYWIRE agrees to a cancellation, Customer shall forfeit any payment already made, provided that, if Customer’s cancellation is received by SKYWIRE in writing before SKYWIRE has placed its order with the supplier for the Hardware, SKYWIRE will credit Customer’s account with the amount of the payment, less any expenses incurred by SKYWIRE in canceling the order. Any Hardware returned for any reason (other than for warranty service or post-warranty maintenance) will be subject to a restocking fee of twenty percent (20%) of the cost of the Hardware. If SKYWIRE determines that the Hardware has been used, SKYWIRE will assess a restocking charge of up to fifty percent (50%) of the cost of Hardware.
ORDERS AND RETURNS. 4.1 Reseller Orders. Before placing any order with Authorized Adobe Distributors or Other Authorized Resellers for Software Products, Reseller must (A) ensure that it has received corresponding orders from End Users or Other Authorized Resellers, as applicable, for the Software Products, and (B) procure Other Authorized Resellers to agree that they will place orders on Reseller only after they have received corresponding orders from End Users. The number of licenses indicated on the purchase order issued by Reseller cannot exceed the number of licenses ordered by the End User. Reseller is required to maintain records of all orders for Authorized Programs that it processes. Upon request by Adobe, Reseller must provide Adobe with documentary proof that Reseller has complied with this clause 4.1 (Reseller Orders). If Adobe finds acceptable order documentation has not been received by the Reseller in advance of placing an order, then Adobe may (i) back out such transactions from Reseller’s financial incentives (e.g., deal registration payout and rebate qualifying revenue), or (ii) debit any future payments to Reseller by any amount previously awarded due to such transactions.
ORDERS AND RETURNS. 8.1 3Com shall provide Company with a twelve (12) month nonbinding, forward looking, rolling unit order forecast and update such forecast on a monthly basis. Company shall *Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment has been requested with respect to the omitted portions. use such forecast for internal planning requirements only. Such forecast does not represent any commitment by 3Com to purchase Products. Further, Company shall treat all such forecasts as Confidential Information in accordance with Section 13 (Confidential Information) below.
ORDERS AND RETURNS. All purchase orders for Genentech HGH shall be submitted by Nova Factor to Genentech in writing, by telephone, via facsimile or electronic data interchange ("EDI") at least two (2) business days prior to the requested date of shipment. The Discount applicable to such purchase order shall be the Discount in effect upon the date such purchase order is accepted by Genentech. No order will be binding upon Genentech until accepted by Genentech, and Genentech shall have no liability to Nova Factor for purchase orders that are not accepted. Nova Factor's purchase orders submitted to Genentech for purchase of Genentech HGH shall be governed by the terms of this Agreement. Nothing contained in any purchase order shall modify any terms herein stated or add any terms or conditions not stated herein. All Genentech HGH delivered to Nova Factor under this Agreement shall be suitably packed for air freight shipment in Genentech's shipping cartons, marked for delivery to the address provided by Nova Factor with the relevant purchase order, and shall be shipped to Nova Factor, FOB Origin. Genentech shall ship Nutropin AQ to Nova Factor in temperature controlled, validated, insulated shipping containers. Genentech HGH shall be delivered to Nova Factor via second day air freight with shipping costs prepaid by Genentech. Shipping charges for overnight delivery requested by Nova Factor for Genentech HGH in excess of the standard shipping method chosen by Genentech, shall be borne by Nova Factor. Genentech HGH Purchased by Nova Factor shall be returned for credit only upon prior authorization by Genentech. Genentech HGH returns in any Calendar Quarter * for the previous Calendar Quarter. The Discount percentage applicable to such credit will be the Discount in effect upon the date the returned Genentech HGH is received by Genentech.
ORDERS AND RETURNS
