Price and Delivery Terms. The price for the Product, inclusive of delivery by air to Buyer (the “Purchase Price”) shall be assigned by purchase order (“Purchase Order” or “PO”). An example of a Purchase Order is set forth in Appendix-3. The delivery terms shall be at the Los Angeles port of entry, and the Product shall be preceded or accompanied by a quality control report signed by the head of quality unit for Supplier. The Purchase Price shall be fixed for [***] months from the date hereof (“Initial Price Period”). Thereafter during the term of this Agreement, the Purchase Price shall be negotiated quarterly in a good faith and timely manner between Supplier and Buyer. Price increases shall be limited to a maximum of [***] percent [***] per year and only occur as a result of an increase in Supplier’s labor, starting materials, or processing costs exceeding [***] percent [***] of such respective cost, in the prior negotiated quarter, if applicable. Supplier will provide to Buyer adequate written evidence of such increases which is satisfactory to Buyer. Confidential treatment has been requested for portions of this exhibit. The copy filed herewith omits the information subject to the confidentiality request. Omissions are designated as [***]. A complete version of this exhibit has been filed separately with the Securities and Exchange Commission. If the price of crude heparin increases by greater than [***] percent [***] for at least a [***] consecutive month period (as compared to an average of the price of crude heparin during the previous [***] consecutive months) after the Initial Price Period, then Supplier may negotiate for an increase in the Purchase Price by the pro rata amount of such increase of crude heparin. Any negotiated increase shall be temporary, and the Purchase Price shall be proportionately reduced (based on the negotiated increase) should the price of crude heparin decline below such negotiated increase (based on a [***] average). During the negotiating period, the price shall remain fixed and Supplier shall continue to sell the Product at the Purchase Price. If the Buyer does not agree to any change in the Purchase Price, the Buyer may immediately terminate this Agreement in Buyer’s sole discretion. The Buyer will create a line of credit (“L/C”) arrangement with a mutually agreed to financial institution that will be used to make payments required hereunder to the Supplier (the “Bank”). The amount to be funded under the L/C will be based on the number of Prod...
Price and Delivery Terms. Services. Effective February 1, 2007, Appendix B, B-1 and Schedules X-0, X-0, and B-4 of Appendix B of the Contract shall be deleted in its entirety and shall be replaced by the revised Appendix B and Schedules X-0, X-0, X-0, and B-4, attached hereto. In addition, effective February 1, 2007, Schedules B-5 and B-6 of Appendix B shall be added to the Contract.
Price and Delivery Terms. Pricing based on tiered prices as listed below. Reduced price goes into effect for incremental volume. Prices are valid January 1, 1999 through December 31, ****. ALBEMARLE OWNED TANK TRUCKS: 0 - ********* pounds *********, FOB Magnolia, AR, freight collect ********* + pounds *********, FOB Magnolia, AR, freight collect BUYER SUPPLIED TRANSPORTATION EQUIPMENT (17 METRIC TON ISOTANK OR, UPON DEMONSTRATION OF PROPER DOT EXEMPTIONS, 23 METRIC TON ISOTANKS) : 0 - ******** pounds ********, FOB Magnolia, AR, freight collect ********* + pounds ********, FOB Magnolia, AR, freight collect Albemarle has the right, but not the obligation, to inspect and approve any transportation and shipping containers or equipment supplied by Buyer. Buyer is allowed to purchase a maximum of *** of total volume purchased during the calendar year of Product in Albemarle owned tank trucks at the "Buyer supplied transportation equipment" prices, to be given as a ********* rebate to be paid no later than 30 days after the end of the calendar year. The shipment that causes the total annual volume to be ********* pounds (whether delivered in either Albemarle owned tank trucks or Buyer supplied transportation equipment) will be priced at the *********************** price as listed above for the entire shipment quantity. For example, if Buyer purchases ********** pounds within the given calendar year with the first ********* pounds purchased in Albemarle supplied tank trucks and the remaining ********* pounds in Buyer supplied transportation equipment the pricing would be as follows: - ********* pounds will be priced at ********* - The next ********* pounds will be priced at ******** - The last ********* pounds will be priced at ******** - *** of total purchases is ********* pounds will be issued a ********* rebate. Albemarle and Buyer agree to cooperate in the scheduling, loading and shipping of Product in order to minimize unnecessary costs and delays to both Albemarle and Buyer. ********* Confidential Treatment Requested
Price and Delivery Terms. The Parties agree to the following prices (USD) per Product: Year Prototypes and Validation 2021 (SOP) 2022 2023 2024 through End of Production Tooling [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] [***] Payment Term: [***] Delivery Terms: [***]
Price and Delivery Terms. 11 Section 4.1 Prices 11 Section 4.2 Pay or Take 13 Section 4.3 Delivery Terms 14 Section 4.4 Payment 14 Section 4.5 Disputes 15 Section 4.6 Compliance with Product Specifications 15 ARTICLE V TERM 15 Section 5.1 Initial Term 15 Section 5.2 Extended Term 15 ARTICLE VI REPRESENTATIONS, WARRANTIES AND COVENANTS 16 Section 6.1 Warranty of Quality 16 Section 6.2 Ownership of Products 16 Section 6.3 Power and Authority; Enforceability 16 Section 6.4 Compliance with Laws 16 Section 6.5 Supplier as Independent Contractor 17 Section 6.6 MeadWestvaco and Parent Power and Authority; Enforceability 17
Price and Delivery Terms. With regard to the cumulative quantities sold in ------------------------ any calendar year, the price for [CONFIDENTIAL TREATMENT REQUESTED] supplied thereunder through December 31, 1998 during any calendar year shall be: 50 kgs or less [CONFIDENTIAL TREATMENT REQUESTED] 50.001 kgs through 100 kgs [CONFIDENTIAL TREATMENT REQUESTED] 100.001 kgs through 200 kgs [CONFIDENTIAL TREATMENT REQUESTED] 200.001 kgs through 300 kgs [CONFIDENTIAL TREATMENT REQUESTED] greater than 300 kgs [CONFIDENTIAL TREATMENT REQUESTED] for [CONFIDENTIAL TREATMENT REQUESTED] delivered by ALCO to BOEHRINGER DDU (Incoterms 1990) named destination, payment terms thirty (30) days net after receipt of the invoice. No later than October 1 1998 and each October 1st thereafter during the term of this Agreement, the price of [CONFIDENTIAL TREATMENT REQUESTED] for the following year shall be negotiated in good faith and timely manner between ALCO and BOEHRINGER. Increases of pricesshall only be negotiated in case of increase in the cost due to an increase in labour, overhead and/or raw materials exceeding five per cent (5%). SICOR or ALCO for SICOR will provide to BOEHRINGER adequate evidence of such developments. If BOEHRINGER can demonstrate to ALCO that the price does not allow BOEHRINGER to make reasonable sales of its Products containing [CONFIDENTIAL TREATMENT REQUESTED] in a reasonable number of its markets, ALCO and BOEHRINGER shall discuss in good faith negotiations a new price to be applied hereunder for said markets. If ALCO and BOEHRINGER do not reach an agreement at such time, then BOEHRINGER is exempted from its obligation to purchase for the said markets.
Price and Delivery Terms. 5.1 The Price shall be expressed in US Dollars per Metric Tonne CIF Sriracha Pier and/or Kaosichang anchorage and/or Laem Chabang Port, Thailand, Free Out, Takeaway Basis. A separate Price shall be determined for Grade Xx. 0 xxx Xxxxx Xx. 0X.
Price and Delivery Terms. All purchase orders will be invoiced at the Consignee’s price in effect at the time of product usage. The initial par level inventory will be delivered upon execution of the agreement and by notice from the Consignee. Product Usage: Consignee shall be responsible for reviewing product usage and ensuring purchase orders are prepared and submitted to Consignor. Par Level Review: From time to time, a product usage review will be conducted to review Consignee’s actual usage and purchase volumes in comparison with the established par levels for all consigned inventory items per this Agreement. Par level inventory adjustments, which will increase or decrease inventory levels, will be mutually agreed upon in writing and so noted by an addendum to this Agreement. Consignee and Consignor agree to manage Par inventory to levels appropriate to service the usage volume experienced in the hospital. Authority to Sell or Transfer: Consignee shall be solely responsible for the proper use of any product in the consignment inventory. Consignee shall not sell, transfer or otherwise distribute to third party any product in the consignment inventory without prior approval of Consignor.
Price and Delivery Terms. Time is of the essence. Unless otherwise provided in any supplemental terms and conditions, the Goods will be furnished at a price and delivery schedule outlined in the Purchase Order. Acceptance of late deliveries shall not constitute a waiver of this provision.
Price and Delivery Terms
