Common use of PRICE AND DELIVERY Clause in Contracts

PRICE AND DELIVERY. Seller shall furnish the Products covered by this Agreement in accordance with the prices and delivery schedule, including location, stated on the face of this Agreement or in the confirmation information sent in connection herewith. If prices and/or delivery dates are not stated, Seller shall offer itslowest prices and best delivery dates, both of which shall be subject to written acceptance by Buyer. Seller warrants that the price for the Products sold to Buyerunder this Agreement are not less favorable than those currently extended to any other customer for the same or like products in equal or smaller quantities. In the eventSeller reduces Seller’s price for such products to other customers, Seller agrees topromptly reduce the prices to be paid by Buyer for the Products accordingly. Any applicable taxes and other governmental charges, including but not limited to all federal, state and municipal sales, use or excise taxes, and any customs duties, shall be separately listed on Seller’s invoice and subject to Buyer’s approval. If delivery dates are stated for the Products then time is of the essence under this Agreement. If Xxxxxxxxxx receive a bona fide offer from a third party for delivery of a Product covered by this Agreement at a delivered cost lower than the delivered price for such Product payable pursuant to this Agreement, and on terms and conditions similar to those contained herein, Buyer may submit to Seller written evidence of such offer and inwriting request Seller to meet the offer. If Seller shall fail to meet the offer within 15 days after receipt of Buyer’s request, Buyer shall have the right to purchase such material from such quoting third party and the quantity so purchased may be deducted, at the option of Buyer, from any applicable remaining quantity specified herein.

PRICE AND DELIVERY. Seller shall furnish the Products covered by this Agreement in accordance with the prices and delivery schedule, including location, stated on the face of this Agreement or in the confirmation information confirmationinformation sent in connection herewith. If prices and/or delivery dates are not stated, Seller shall offer itslowest its lowest prices and best delivery dates, both of which shall be subject to written acceptance by Buyer. Seller warrants that the price for the Products sold to Buyerunder Buyer under this Agreement are not less favorable lessfavorable than those currently extended to any other customer for the same or like orlike products in equal or smaller quantities. In the eventSeller reduces Sellerevent Seller reducesSeller’s price for such products to other customers, Seller agrees topromptly to promptly reduce the prices to be paid by Buyer for the Products accordingly. Any applicable taxes and other governmental charges, including but not limited to all federal, state and municipal sales, use or excise taxes, and any customs dutiescustomsduties, shall be separately listed on Seller’s invoice and subject to Buyer’s approvalBuyer’sapproval. If delivery dates are stated for the Products then time is of the essence under this Agreement. If Xxxxxxxxxx Buyer shall receive a bona fide offer from a third athird party for delivery of a Product covered by this Agreement at a delivered cost deliveredcost lower than the delivered price for such Product payable pursuant to this AgreementthisAgreement, and on terms and conditions similar to those contained herein, Buyer may submit to Seller written evidence of such offer and inwriting in writing request Seller to meet the offer. If Seller shall fail to meet the offer within 15 days after receipt of Buyer’s request, Buyer shall have the right to purchase such purchasesuch material from such quoting third party and the quantity so purchased may be deducted, at the option of Buyer, from any applicable remaining quantity specified herein.

PRICE AND DELIVERY. Seller shall furnish the Products covered by this Agreement in accordance with the prices and delivery schedule, including location, stated on the face of this Agreement or in the confirmation information sent in connection herewith. If prices and/or delivery dates are not stated, Seller shall offer itslowest its lowest prices and best delivery dates, both of which shall be subject to written acceptance by Buyer. Seller warrants that the price for the Products sold to Buyerunder Buyer under this Agreement are not less favorable than those currently extended to any other customer for the same or like products in equal or smaller quantities. In the eventSeller event Seller reduces Seller’s price for such products to other customers, Seller agrees topromptly to promptly reduce the prices to be paid by Buyer for the Products accordingly. Any applicable taxes and other governmental charges, including but not limited to all federal, state and municipal sales, use or excise taxes, and any customs duties, shall be separately listed on Seller’s invoice and subject to Buyer’s approval. If delivery dates are stated for the Products then time is of the essence under this Agreement. If Xxxxxxxxxx Buyer shall receive a bona fide offer from a third party for delivery of a Product covered by this Agreement at a delivered cost lower than the delivered price for such Product payable pursuant to this Agreement, and on terms and conditions similar to those contained herein, Buyer may submit to Seller written evidence of such offer and inwriting in writing request Seller to meet the offer. If Seller shall fail to meet the offer within 15 days after receipt of Buyer’s request, Buyer shall have the right to purchase such material from such quoting third party and the quantity so purchased may be deducted, at the option of Buyer, from any applicable remaining quantity specified herein.