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 confirmationinformation sent in connection herewith. If prices and/or delivery dates are not stated, Seller shall offer 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 Buyer under this Agreement are not lessfavorable than those currently extended to any other customer for the same orlike products in equal or smaller quantities. In the event Seller reducesSeller’s price for such products to other customers, Seller agrees 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 customsduties, shall be separately listed on Seller’s invoice and subject to Buyer’sapproval. If delivery dates are stated for the Products then time is of the essence under this Agreement. If Buyer shall receive a bona fide offer from athird party for delivery of a Product covered by this Agreement at a deliveredcost lower than the delivered price for such Product payable pursuant to thisAgreement, and on terms and conditions similar to those contained herein, Buyer may submit to Seller written evidence of such offer and 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 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 confirmationinformation confirmation information sent in connection herewith. If prices and/or delivery dates are not stated, Seller shall offer its lowest 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 Buyer under Buyerunder this Agreement are not lessfavorable less favorable than those currently extended to any other customer for the same orlike or like products in equal or smaller quantities. In the event Seller reducesSellereventSeller reduces Seller’s price for such products to other customers, Seller agrees to promptly 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 customsdutiescustoms duties, shall be separately listed on Seller’s invoice and subject to Buyer’sapprovalBuyer’s approval. If delivery dates are stated for the Products then time is of the essence under this Agreement. If Buyer shall Xxxxxxxxxx receive a bona fide offer from athird a third party for delivery of a Product covered by this Agreement at a deliveredcost delivered cost lower than the delivered price for such Product payable pursuant to thisAgreementthis Agreement, and on terms and conditions similar to those contained herein, Buyer may submit to Seller written evidence of such offer and in writing 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 purchasesuch 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 confirmationinformation confirmation information sent in connection herewith. If prices and/or delivery dates are not stated, Seller shall offer 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 Buyer under this Agreement are not lessfavorable less favorable than those currently extended to any other customer for the same orlike or like products in equal or smaller quantities. In the event Seller reducesSellerreduces Seller’s price for such products to other customers, Seller agrees 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 customsdutiescustoms duties, shall be separately listed on Seller’s invoice and subject to Buyer’sapprovalBuyer’s approval. If delivery dates are stated for the Products then time is of the essence under this Agreement. If Buyer shall receive a bona fide offer from athird a third party for delivery of a Product covered by this Agreement at a deliveredcost delivered cost lower than the delivered price for such Product payable pursuant to thisAgreementthis Agreement, and on terms and conditions similar to those contained herein, Buyer may submit to Seller written evidence of such offer and 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 purchasesuch 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.