Price of Products. 6.1. The Supply Prices for the Products for the duration of this Agreement are set out in Appendix 1 to this Agreement.
6.2. In the event that the Net Selling Price for any or all of the Products in a Country within the EEA declines by more than *** percent (***%) from the Net Selling Price at the time of Launch or *** percent (***%) below the lowest ex factory price of Products within other countries within the EEA, whichever is lower, the Parties shall promptly meet and discuss with a view to agree upon a revised Supply Price during the period of the reduced Net Selling Price. In the event of a decline in the Net Selling Price for a Product resulting in the Supply Price falling below GW’s cost of Manufacture for the Products, the Parties shall promptly meet and discuss with a view to agree upon a revised Supply Price during the period of the reduced Net Selling Price. GW shall not be obliged to supply Bayer at a price below its cost of Manufacture with the exception of supplies of goods free of charge specified in Appendix 1.C.
Price of Products. Price for MASIMO Boards: MASIMO’s transfer prices to LABS for the MS2000 Boards shall be $175.00: Price for Rainbow Boards: All Rainbow Boards and Rainbow sensors at cost of goods sold up to 10% of MASIMO’s anticipated annual volume, determined on an annual basis. Thereafter, Labs will manufacture such Rainbow Boards or Rainbow sensors itself, or may purchase from Masimo at COGS plus Masimo’s regular margin. When Labs wishes to manufacture, Masimo will provide reasonable assistance consistent with this Agreement, including providing Labs with access to Masimo vendors (Masimo vendors will be instructed to transfer to Labs the products at the same price they supply them to Masimo), tools, manufacturing process procedures and training.
Price of Products. The purchase price to be paid by Distributor for each type of Product, including all packaging and shipping materials (the "NET PURCHASE PRICE"), shall be calculated based on the general Product prices specified in Exhibit E attached hereto less any applicable discounts specified in Exhibit F attached hereto, as such Exhibits may be amended from time to time. Such prices and discounts may be adjusted by Manufacturer upon sixty (60) days' prior written notice to Distributor and shall be applicable to new purchase orders from Distributor received by Manufacturer after such date. All Product prices shall be exclusive of any applicable customs charges and duties; sales, use, privilege, excise and similar taxes; and transportation, rigging, drayage, handling charges, insurance costs and other expenses associated with the delivery of the items ordered to the destination specified by Distributor.
Price of Products. Vendee shall pay Vendor a price for each case of Products based on Vendor's actual costs of production, which price shall be the sum of Vendor's: (i) cost of Materials; and (ii) cost of manufacturing, including overhead expenses and profit. The price for each case of Products shall be determined in the month of shipment. The initial components of the case price are set forth on Exhibit C. Formulas for the components and case configurations are also shown on Exhibit C. Such component prices and Exhibit C may be amended from time to time as follows:
(1) Cost of Materials. The cost of Materials shall be adjusted monthly.
(2) Cost of Manufacturing. The cost of manufacturing shall be adjusted annually.
Price of Products. 4.1 For the initial term of this Agreement stipulated in sub-section 6.1 hereinafter, the price of the Product sold by Biomarker LLC to the Purchaser hereunder shall be as specified in Appendix 2.
4.2 The prices of the Products sold pursuant to this Agreement during any subsequent term provided for in sub-section 6.1 hereinafter shall be mutually agreed upon by the parties hereunder.
4.3 The prices of the Products determined pursuant to this section 4 shall be delivered prices and shall be increased by the amount of any taxes, preparation, handling and shipping, or other governmental charges payable with respect to the sale of the Products (other than income tax, business or real property taxes) now in effect or becoming effective after the date thereof.
Price of Products delivered from Seller to Buyer shall be decided upon in each individual contract or at yearly basis mutually agreed.
Price of Products. All sales of the Products by Degussa to Just-Rite shall be made at the pricing as set forth on Exhibit B. Such pricing shall remain unchanged for a period of one year from the Effective Date. After the one-year anniversary of the Effective Date, Degussa shall have the right to increase prices for the Products at a level commensurate with increases to Degussa’s Other Product Lines.
Price of Products. Subject to paragraph 6.8 hereof, it is understood between the Parties that the selling price of Products will be fixed in accordance with Schedule “F” hereto (the “Sale Price”). It is agreed between the parties that any such Sale Price must first be accepted by BBII, who cannot refuse without a just and reasonable cause.
Price of Products. The intent of the parties is for Encision to make [*] ([*]%) gross margin on the sale of Products to Intuitive, plus a license fee as defined below in Section 4.5.2. The prices set forth in Exhibit A, which shall be the prices as of the Effective Date of this Agreement, reflect a [*]% gross margin for Encision. The parties agree to negotiate a commercially reasonable annual price adjustment (up or down), bearing in mind the agreed intention to maintain a [*]% gross margin for Encision. Failure to agree on the pricing for the Products shall be deemed an event of mutual default, and shall give either Party the right to terminate this Agreement as provided in the Term and Termination Section of this Agreement. Given the intention for a [*]% gross margin, the annual price shall be computed as Encision’s Cost of Goods Sold for the Product divided by [*]%. “Cost of Goods Sold” or COGS” shall mean the sum of (i) direct materials cost (per the xxxx of materials), (ii) direct labor cost (for the time to build the Product), (iii) burden cost (applied at standard burden rate), and (iv) subcontract cost (if applicable, from xxxx of materials on Products sent out for an outside operation), all to be determined consistent with current US Generally Accepted Accounting Principles and consistent with Encision’s practice for products of similar complexity with Products.
Price of Products. All purchases of Products by Distributor hereunder shall be made pursuant to the terms set forth in this Section. The price of each Product supplied by SAC under this Agreement shall be as specified on Addendum C of this Agreement, as amended by subsequent Discount Schedules published by SAC from time to time; provided, however, that no change in price shall affect a purchase order received by SAC prior to the date of publication of any change. The price charged for Products to Distributor shall be in United States dollars and is exclusive of freight, imposts, duties, taxes, installation charges and other related costs. Distributor shall pay, in addition to all amounts specified in this Agreement, all taxes, freight, imposts and duties and amounts in lieu thereof, and interest thereon, paid, payable or collectible by SAC (exclusive of taxes based on SAC's net income) levied or based on (i) amounts chargeable to Distributor pursuant to this Agreement, or (ii) the Products or their use. In the event any taxes, imposts, duties or amounts in lieu thereof are paid or payable by SAC, there shall be added to the price payable by Distributor to SAC under this Agreement an amount equal thereto, including, without limitation, any taxes, however designated, levied or based on such prices or value of the Products supplied by SAC under this Agreement, or the sale or use thereof including, but not limited to, state and local privilege or excise taxes based upon gross revenue or any taxes and in lieu thereof therefor paid or payable by SAC in respect of the foregoing, exclusive however, of taxes based upon the income of SAC. Any personal property taxes assessable on Products under this Agreement after delivery shall be borne by Distributor.