Common use of Orders and Specification Clause in Contracts

Orders and Specification. 3.1 The Buyer shall be responsible to the Supplier for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Supplier any necessary information relating to the Goods within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms. 3.2 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Quotation or Online Confirmation. 3.3 If the Goods are to be manufactured or any process is to be applied to the Goods by the Supplier in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Supplier on demand from and against any and all loss, damages, costs and expenses awarded against or incurred by the Supplier in connection with, or paid or agreed to be paid by the Supplier in settlement of, any claim for infringement of any patent, copyright, design, trade mark or other industrial or intellectual property rights of any other person which results from the Supplier’s use of the Buyer’s specification. 3.4 The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements. 3.5 Subject to 11.1 below, no order which has been accepted by the Supplier may be cancelled by the Buyer except with the agreement in writing of the Supplier and on terms that the Buyer shall indemnify the Supplier in full on demand from and against any and all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

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Orders and Specification. 3.1 The Buyer shall be responsible to the Supplier for ensuring the accuracy of the terms of any order (including any applicable specification) submitted by the Buyer and for giving the Supplier any necessary information relating to the Goods within a sufficient time to enable the Supplier to perform the Contract in accordance with its terms. 3.2 The quantity, quality and description of the Goods and any specification for them shall be as set out in the Quotation or Online Confirmation. 3.3 If the Goods are to be manufactured or any process is to be applied to the Goods by the Supplier in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Supplier on demand from and against any and all loss, damages, costs and expenses awarded against or incurred by the Supplier in connection with, or paid or agreed to be paid by the Supplier in settlement of, any claim for infringement of any patent, copyright, design, trade mark xxxx or other industrial or intellectual property rights of any other person which results from the Supplier’s use of the Buyer’s specification. 3.4 The Supplier reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable statutory or EU requirements. 3.5 Subject to 11.1 below, no order which has been accepted by the Supplier may be cancelled by the Buyer except with the agreement in writing of the Supplier and on terms that the Buyer shall indemnify the Supplier in full on demand from and against any and all loss (including loss of profit), costs (including the cost of all labour and materials used), damages, charges and expenses incurred by the Supplier as a result of cancellation.

Appears in 2 contracts

Samples: Sales Contracts, Sales Contracts

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