Price of Goods Adjustment Sample Clauses

Price of Goods Adjustment. (1) Price of Goods and Program fees available under this Agreement are based upon Customer’s meeting the Primary Vendor requirements under this Agreement and the periodic Net Purchases in Paragraph 5(A). (2) If total PRxO Generics Net Purchases by Customer for the immediately prior quarter is less than * of Customer’s total Rx purchases for such quarter then, notwithstanding the initial 5-quarter non-adjustment under Paragraph 1(A) of this Exhibit 1, ABDC may increase Customer’s Price of Goods (Branded Rx and other Products) in the current quarter by * for each * that Customer’s total PRxO Generics Net Purchases for the immediately prior quarter were below the minimum PRxO Generics Net Purchase for such quarter. By way of example, if Customer’s PRxO Generics Net Purchases were * (that is, * or more but less than *) for a quarter, the effective Price of Goods for Branded Rx for the following quarter could change (by * ) from Cost * to Cost *. (3) If total PRxO Generics Net Purchases by Customer is less than * or Customer does not meet the Primary Vendor requirements under this Agreement then, notwithstanding the 5-quarter non-adjustment under Paragraph 1(A), ABDC may, in addition to any other remedies, reasonably adjust Price of Goods and Program fees on 10 days’ prior written notice to reflect lower than expected Net Purchase volume. [*] CERTAIN INFORMATION ON THIS PAGE HAS BEEN OMITTED AND FILED SEPARATELY WITH THE COMMISSION. CONFIDENTIAL TREATMENT HAS BEEN REQUESTED WITH RESPECT TO THE OMITTED PORTIONS.
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Price of Goods Adjustment. (1) Price of Goods and Program fees available under this Agreement are based upon Customer’s meeting the Primary Vendor requirements under this Agreement and the periodic Net Purchases in Paragraph 5(A). (2) If total PRxO Generics Net Purchases by Customer for the immediately prior quarter is less than * of Customer’s total Rx purchases for such quarter then, notwithstanding the initial * under Paragraph 1(A) of this Exhibit 1, ABDC may increase Customer’s Price of Goods (Branded Rx and other Products) in the current quarter by * * for each * * that Customer’s total PRxO Generics Net Purchases for the immediately prior quarter were below the minimum PRxO Generics Net Purchase for such quarter. By way of example, if Customer’s PRxO Generics Net Purchases were * (that is, * or more but less than *) for a quarter, the effective Price of Goods for Branded Rx for the following quarter could change * from Cost minus * to Cost minus *. (3) If total PRxO Generics Net Purchases by Customer is less than * or Customer does not meet the Primary Vendor requirements under this Agreement then, notwithstanding the *-quarter non-adjustment under Paragraph 1(A), ABDC may, in addition to any other remedies, reasonably adjust Price of Goods and Program fees on * prior written notice to reflect lower than expected Net Purchase volume. 1. Services. * 2. Ordering & Reporting Software and Hardware 3. Repackaging Program
Price of Goods Adjustment. (1) If Customer does not meet the * PRxO Generic Rx purchasing requirements under the PRxO Generics Purchase Program set forth in Section 2B of this Agreement for the immediately prior quarter, then ABDC may increase Customer’s Price of Goods (Branded Rx and other Products) in the current quarter by * for each * that Customer’s total * for the immediately prior quarter were below the minimum * requirement of * for such quarter (calculated pursuant to the foregoing formula). By way of example, if Customer’s * under the above formula were * for a quarter, the effective Price of Goods for Branded Rx for the following quarter would change * from *. (2) If Customer does not meet the * CSOS requirement set forth in the Price of Goods table, measured quarterly, then the Cost for Class II Controlled Substances not ordered via CSOS * to *.
Price of Goods Adjustment. (1) If Customer does not meet the 95% PRxO Generic Rx purchasing requirements under the PRxO Generics Purchase Program set forth in Section 2B of this Agreement for the immediately prior quarter, then ABDC may increase Customer’s Price of Goods (Branded Rx and other Products) in the current quarter by *% (*) for each *% that Customer’s total * for the immediately prior quarter were below the minimum * requirement of 95.00% for such quarter (calculated pursuant to the foregoing formula). By way of example, if Customer’s * under the above formula were 93.00% for a quarter, the effective Price of Goods for Branded Rx for the following quarter would change (by *%) from *% to *%. (2) If Customer does not meet the *% CSOS requirement set forth in the Price of Goods table, measured quarterly, then the Cost for Class II Controlled Substances not ordered via CSOS will * to *%.

Related to Price of Goods Adjustment

  • Supply of Goods 6.1 In consideration of UKRI’s agreement to pay the Charges, the Supplier shall supply all Goods in accordance with the Agreement and any Contract. In particular, the Supplier warrants that the Goods shall: (a) conform with their description in the specifications (including the Specification), drawings, descriptions given in quotations, estimates, brochures, sales, marketing and technical literature or material (in whatever format made available by the Supplier) supplied by, or on behalf of, the Supplier; (b) be of satisfactory quality (within the meaning of the Sale of Goods Act 1979) and fit for any purpose held out by the Supplier or made known to the Supplier by UKRI, expressly or by implication, and in this respect UKRI relies on the Supplier's skill and judgement. The Supplier acknowledges and agrees that the approval by UKRI shall not relieve the Supplier of any of its obligations under this sub-clause; (c) where applicable, be free from defects (manifest or latent), in materials and workmanship and remain so for 12 months after Delivery; (d) be free from design defects; (e) comply with all applicable statutory and regulatory requirements relating to the manufacture, labelling, packaging, storage, handling and delivery of the Goods; (f) be supplied in accordance with all applicable legislation in force from time to time; and (g) be destined for supply into, and fully compliant for use in, the United Kingdom (unless specifically stated otherwise in the Specification). 6.2 In supplying the Goods, the Supplier shall co-operate with UKRI in all matters relating to the supply of the Goods and comply with all of UKRI’s instructions. 6.3 The Supplier shall ensure that at all times it has and maintains all the licences, permissions, authorisations, consents and permits that it needs to carry out its obligations under the Agreement. 6.4 UKRI and its representatives shall have the right to inspect and test the Goods at any time before Delivery. 6.5 If following such inspection or testing UKRI considers that the Goods do not conform or are unlikely to comply with the Supplier's undertakings at clause 6.1, UKRI shall inform the Supplier and the Supplier shall immediately take such remedial action as is necessary to ensure compliance. 6.6 Notwithstanding any such inspection or testing, the Supplier shall remain fully responsible for the Goods and any such inspection or testing shall not reduce or otherwise affect the Supplier's obligations under this Agreement, and UKRI shall have the right to conduct further inspections and tests after the Supplier has carried out its remedial actions. 6.7 UKRI’s rights under the Agreement are without prejudice to and in addition to the statutory terms implied in favour of UKRI under the Sale of Goods Act 1979, the Supply of Goods and Services Act 1982 and any other applicable legislation as amended.

  • RETURN OF GOODS BUYER is entitled to return any GOODS that are not in full compliance with this AGREEMENT. SELLER will reimburse BUYER the PRICE of such GOODS plus all reasonable costs and expenses associated with such return.

  • Receipt of Goods The goods shall be deemed received by Buyer when delivered to Buyer at City of Naples, 000 Xxxxxxxxx Xxxxxx, Xxxxxx, Xxxxxxx 00000. Delivery of the goods to Buyer shall occur on a business day and shall not occur after 3:15 p.m. on the delivery day.

  • REJECTION OF GOODS Notwithstanding any other rights of, or remedies available to UNDP under the Contract, in case any of the Goods are defective or otherwise do not conform to the specifications or other requirements of the Contract, UNDP, at its sole option, may reject or refuse to accept the Goods, and within thirty (30) days following receipt of notice from UNDP of such rejection or refusal to accept the Goods, the Contractor shall, in sole option of UNDP: 11.7.1 provide a full refund upon return of the Goods, or a partial refund upon a return of a portion of the Goods, by UNDP; or, 11.7.2 repair the Goods in a manner that would enable the Goods to conform to the specifications or other requirements of the Contract; or, 11.7.3 replace the Goods with Goods of equal or better quality; and, 11.7.4 pay all costs relating to the repair or return of the defective Goods as well as the costs relating to the storage of any such defective Goods and for the delivery of any replacement Goods to UNDP.

  • Classification of Goods The classification of goods in trade between the Parties shall be in conformity with the Harmonized System.

  • Other Methods of Procurement of Goods and Works The following table specifies the methods of procurement, other than International Competitive Bidding, which may be used for goods and works. The Procurement Plan shall specify the circumstances under which such methods may be used: (a) National Competitive Bidding (b) Shopping (c) Direct Contracting

  • Description of Goods; Sale and Delivery Seller shall sell, transfer, and deliver to Buyer the goods described on the Description/Proposal attached hereto and made a part of as Exhibit "A" subject to such terms as are set forth in the Description/Proposal and in this Agreement.

  • Sale of Goods The Hirer shall, if selling goods on the premises, comply with Fair Trading Laws and any code of practice used in connection with such sales. In particular, the Hirer shall ensure that the total prices of all goods and services are prominently displayed, as shall be the organiser’s name and address and that any discounts offered are based only on Manufacturers’ Recommended Retail Prices.

  • Procurement of Goods and Works Except as ADB may otherwise agree, Goods and Works shall only be procured on the basis of the methods of procurement set forth below:

  • Particular Methods of Procurement of Goods and Works International Competitive Bidding. Goods and works shall be procured under contracts awarded on the basis of International Competitive Bidding.

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