Orders Delivery. (a) DISTRIBUTOR shall obtain PRODUCTS by placing firm orders on HITEL, which orders shall include a description and specification of PRODUCTS, quantities, prices, a “requested” delivery schedule, and the name and location of the end user (in the case of system orders).
(b) No order shall be binding upon HITEL unless and until it has been accepted by HITEL in writing. HITEL shall have the right to accept or reject any purchase order, and if HITEL rejects any purchase order, DISTRIBUTOR hereby agrees to indemnify HITEL and hold HITEL harmless from any claim resulting from HITEL’s refusal to accept purchase orders from DISTRIBUTOR. HITEL’s acceptance of purchase orders shall not be unreasonably withheld.
(c) HITEL may delay or stop any shipment to DISTRIBUTOR if DISTRIBUTOR fails to pay when due amounts owed to HITEL after demand for payment has been made by HITEL (in which case DISTRIBUTOR shall be charged for storage and cancellation at normal rates and at HITEL’s discretion) or if HITEL, in its reasonable discretion, shall have reservations concerning DISTRIBUTOR’S financial condition and DISTRIBUTOR fails to provide HITEL with adequate assurances of performance after demand by HITEL.
(d) Except for PRODUCTS covered by accepted purchase orders, HITEL may, at any time and from time to time, upon ninety (90) days notice to DISTRIBUTOR, or sooner if accepted by DISTRIBUTOR, suspend or discontinue the sale of any PRODUCTS of any type or model and substitute a new type or model, change the design or make improvements to PRODUCTS, eliminate any type or model, or completely discontinue the importation or sale of PRODUCTS, without any liability on its part to DISTRIBUTOR. HITEL shall not have any obligation to furnish or install any change, substitution or improvement on any PRODUCTS previously sold to DISTRIBUTOR whether previously delivered or undelivered and covered by an accepted purchase order. HITEL will provide to DISTRIBUTOR, on a timely basis, all engineering change notices issued. Upgrades, Spare Parts, sub-components and RMA orders will be provided at the current list prices minus applicable hardware discounts as set forth in Exhibit C.
(e) A delivery schedule shall be established by HITEL for each order submitted by DISTRIBUTOR and accepted by HITEL within ten (10) business days of acceptance by HITEL. Delivery may be made in installments. Default or delay by HITEL in delivering or shipping the whole or any part or installment of any order shall not af...
Orders Delivery. 3.1 The parties hereto agree that, commencing upon the date hereof and continuing during the term of this Agreement, Centocor will sell the Product to Nova Factor for resale by Nova Factor in the Territory and Nova Factor shall purchase Product from Centocor at the Purchase Price, subject to the right of Centocor to allocate supplies of Product under Section 3.5 specified herein. Nova Factor shall order Product from Centocor in such quantities as are necessary to meet the demand for Product from Nova Factor's Outpatient Customers provided that Nova Factor will keep a minimum stock of Product equal to an average of * (*) * total sales to Outpatient Patient Customers, which average shall be based on the previous * (*) * sales of Product by Nova Factor. All purchases of Product by Nova Factor shall be in accordance with SOPs, and in accordance with the terms and conditions set forth in this Agreement.
3.2 Centocor shall cause LHSI to ship Product to Nova Factor FOB Point of Origin. Product shall be transported from the LHSI warehouse facility to the Facility by means of transportation selected by Centocor. * will prepay all freight costs incurred to ship Product from LHSI to Nova Factor's Facility. Title to Product shall transfer to Nova Factor upon delivery of Product to the carrier. * will pay any costs due to special shipping requests made by *. Centocor may ship Product in installments as it deems advisable or necessary, in accordance with SOPs. Risk of loss of Product will remain with Centocor during transit from LHSI to the Facility and will transfer to Nova Factor upon delivery of Product to the Facility.
3.3 Product supplied to Nova Factor hereunder shall be in final labeled and packaged vials. Nova Factor shall unload each shipment of Product immediately upon receipt at the Facility. Nova Factor shall carefully examine Products upon delivery and shall immediately notify Centocor's Customer Service Department and the carrier by phone or fax of any claim of nondelivery of a portion of a shipment or any defect or damage in any Product which is reasonably discoverable upon visual inspection of the Product without unloading individual shipping units. Along with notice of any defect or damage, Nova Factor shall furnish to Centocor a detailed written description of the nature of the defect or damage. In the event of any such claim, Nova Factor shall hold the Product pending receipt of Centocor's instruction concerning disposition and permit Centocor to insp...
Orders Delivery. Pharmacy shall submit purchase orders to Manufacturer’s designated distributor set forth on Exhibit C (the “Distributor”), which Manufacturer may change, with [***] days’ prior written notice to Pharmacy, in its sole discretion, in a format mutually agreed upon by the Parties. Manufacturer or its Distributor shall deliver Products to Pharmacy in accordance with Section 3 of Exhibit C.
Orders Delivery. (a) FCC shall order Product by sending to Flotek written purchase orders in the form attached hereto as Exhibit B. Flotek shall promptly, but in no event later than three (3) days after the date of such purchase order, confirm its acceptance or rejection of such purchase order by written notice to FCC. Flotek shall be obligated to accept all such purchase orders unless the orders for a particular quarter exceed the capacity of Flotek or exceed the FCC forecast for that quarter by more than 25%, provided, however, that, in such event, Flotek shall communicate to FCC the time period that will be required to satisfy such order assuming Flotek endeavors to satisfy such order as soon as practicable, and FCC shall inform Flotek within ten (10) days of such communication whether it will order such Product pursuant to the revised delivery terms.
(b) Shipments of Product to FCC must be made by Flotek from Flotek’s facility within three (3) days of the date of the applicable purchase order. Delivery terms shall be FOB Waller, Texas. Transportation shall be arranged by FCC. All sales of Product subject to this Agreement shall be pursuant to the terms and conditions attached hereto as Exhibit C.
(c) Flotek shall invoice FCC for Product at the time of shipment. Payment of Flotek invoices shall be due within sixty (60) days of the respective invoice date.
Orders Delivery. All orders (including without limitation in response to an Order Form and any Purchase Order) shall be subject to acceptance by Hammerspace. Hammerspace may accept or reject orders at its discretion. Customer acknowledges and agrees that payment and delivery terms for each accepted order will be subject to terms and conditions as between Customer and Hammerspace or it’s appointed Reseller.
Orders Delivery. Fuel quantity shall be measured by the gross gallon, with a metered delivery truck bearing a current New Mexico Department of Agriculture approval seal. Vendors not using metered trucks are grounds for termination. Delivery locations and storage tank capacities are identified in this Price Agreement. The NMDOT reserves the right to inspect bulkheads and meter measure contents of any tanks before, at the time of and/or after delivery. Above ground tanks have been identified within this agreement. Vendors shall be prepared, upon delivery, for pumping into these types of tanks. All deliveries shall be made within twenty-four (24) hours after receipt of order (phone or written), excluding Saturdays and Sundays, state and federal holidays observed by the NMDOT. Vendor is required to deliver requested fuel amount in one trip. Notwithstanding the existence of this agreement, the State of New Mexico and/or its political sub-divisions reserve the right to order any item(s) required for emergency purpose from any party who can deliver such item(s) to meet the requirements of the user, without waiving or voiding any of the terms of this agreement. All prices shall be F.O.B. Destination to the delivery location designated by NMDOT or user agency. Vendors shall retain title and control of all goods until they are delivered and the contract coverage has been completed. All risk of transportation and all related charges shall be the responsibility of the Vendor. The vendor shall be responsible for all spillage which may occur during transit and unloading operations. The vendor shall immediately report spillage to NMDOT or user agency and clean up the spillage according to EPA xxxxx://xxx.xxx.xxx/gasoline-standards and state guidelines and requirements. After contamination is discovered the vendor shall be responsible for removal of the fuel(s) from the NMDOT or user agency's property within twenty-four (24) hours. The vendor shall also be responsible for all cleanup required to all the NMDOT or user agency's property, storage facilities, and equipment as a result of noncompliance with specifications. Furthermore, the vendor shall be fully responsible for any and all costs incurred by the NMDOT or user agency for any equipment sustaining damage, which is attributed to a contaminated fuel(s), which the vendor delivered. The New Mexico Department of Transportation and user agencies are exempt from paying federal excise taxes on gasoline and shall not reimburse the contracto...
Orders Delivery. (a) Flotek shall order Terpene Product by sending to FCC written purchase orders in the form attached hereto as Exhibit A. FCC shall promptly, but in no event later than three (3) days after the date of such purchase order, confirm its acceptance or rejection of such purchase order by written notice to Flotek. FCC shall be obligated to accept all such purchase orders unless the amount ordered for a Year exceeds the Maximum Quantity, or orders for a particular quarter exceed *** pounds or exceed the Flotek forecast for that quarter by more than 25%, provided, however, that, in such event, FCC shall communicate Flotek of the time period that will be required to satisfy such order assuming FCC endeavors to satisfy such order as soon as practicable, and Flotek shall inform FCC within ten (10) days of such communication whether it will order such Terpene Product pursuant to the revised delivery terms.
(b) Shipments of Terpene Product to Flotek must be made by FCC from FCC’s facility within three (3) days of the date of the applicable purchase order. Delivery terms shall be FOB Winter Haven, Florida. Transportation shall be arranged by Flotek. All sales of Terpene Product subject to this Agreement shall be pursuant to the terms and conditions attached hereto as Exhibit B.
(c) FCC shall invoice Flotek for Terpene Product at the time of shipment. Payment of FCC invoices shall be due within sixty (60) days of the respective invoice date.
(d) In the event that Flotek does not order the Minimum Quantity in a given Year, FCC may ship to Flotek the remaining quantity of Terpene Product prior to the end of such Year, and invoice Flotek as described in Section 6(c).
Orders Delivery. 3.1 Orders. DISTRIBUTOR shall make purchases by submitting firm purchase orders to SUPPLIER.
Orders Delivery. 4.1 ATL shall supply HP with the contractual Products in accordance with the LPO Delivery Standard set forth in Schedule 2.
4.2 HP may cancel an order in its entirety or in part or alter the delivery date. In the event HP (1) cancels all or any part of any order; (2) fails to meet any obligation hereunder, causing cancellation or rescheduling of any order or portion thereof; (3) requests a rescheduling of scheduled Products and the request is accepted by ATL; or (4) requests a configuration change causing rescheduling of scheduled Products, and the request is accepted by ATL; HP agrees to pay ATL the following cancellation/reschedule charges: Cancellation or Reschedule Cancellation or Reschedule Notice is received (% of Product Price) * [ ] [ ] * [ ] [ ] * [ ] [ ] * Product may be rescheduled one time for up to [ ] prior written notice.
Orders Delivery. 3.1. Until such time as the Supplier accepts an order submitted by the Customer, it shall not be obliged to supply the Customer the Goods so ordered, PROVIDED ALWAYS that at any time the Customer defaults in respect of its payment obligations hereunder, the Supplier may cancel or suspend any incomplete order that has been accepted by it without being liable to the Customer in any way whatsoever.
3.2. Any order placed by the Customer based on a quotation (offer) by the Supplier will be deemed unconditional acceptance of the offer constituted by the quotation and shall be subject to these Terms and Conditions.
3.3. The costs of delivery are in addition to the Price of the Goods.
3.4. The Supplier has the right to deliver by instalments and each instalment shall be deemed to be sold under a separate contract. Failure by the Supplier to deliver any instalment will automatically be deemed to be a back order and will not entitle the Customer to cancel the balance of the order. In the event of the Customer failing to take delivery of any instalment, the Supplier may elect to cancel the balance of the order.
3.5. The Supplier is entitled to charge and the Customer must pay the Supplier’s costs and expenses associated with handling and/or holding any products once ready for delivery and the Supplier’s costs and expenses of any frustrated delivery.
3.6. Delivery of the Goods shall be deemed to have occurred on the happening of the first of the following events:
3.6.1. upon collection of the Goods from the Supplier’s premises by a person authorised by the Customer or a person who holds himself/herself out to have such authority; or
3.6.2. upon collection by or delivery to a carrier nominated by the Customer; or
3.6.3. upon delivery to the Customer's premises or nominated address for delivery.
3.7. The Goods shall be at the risk of the Customer upon delivery to the Customer and the Supplier’s responsibility for delivery will cease at the kerbside of the delivery address. Should it be necessary for the Supplier’s vehicle to cross the footpath or enter upon private property in the course of effecting delivery of the goods, it is the Customer’s responsibility to provide safe and adequate access and the Customer will be liable for any damage to public or private property which may result and must, at its cost, insure the same in the name of the Supplier against such risks as a prudent owner of goods would insure and for their full insurable value. The Customer must indemn...
