Common use of PRICE TERMS Clause in Contracts

PRICE TERMS. Seller warrants that the prices set forth in this Contract are complete and that no additional charge of any type will be added without Company’s prior express written consent. If during the term of this Contract, Seller sells services that are the same or are substantially similar to the Services to another customer at prices below those stated in the Contract, Seller will immediately extend such lower prices to Company. If Company provides satisfactory evidence that it can purchase Services of like quality and similar commercial terms at a lower price, and if Seller elects not to meet such lower price, then Company may elect to purchase Services from the supplier with the lower price, and any obligation of Company to purchase Services from Seller pursuant to the terms of this Contract will be deemed to be waived by Seller to the extent of any such purchases. Upon request of Company, Seller will be required to certify that it is in compliance with the requirements of this paragraph. In addition, Company will have the right to examine and audit, during normal business hours, any and all records, data, invoices and documents, in whatever shape or form, including, but not limited to, electronic media, that may contain information relating to Seller’s obligations as set forth in this paragraph and costs incurred pursuant to this Contract. Such records will be kept by Seller for a period of at least three (3) years after the expiration or termination of this Contract, or for such longer periods as may be required by law, in a form that is clear and accurate and containing content sufficient and adequate to permit the aforementioned audit. Except as expressly set forth in this Contract, Company will have no obligation to purchase any specific quantity of Products and/or Services from Seller and Company will be entitled, in its sole discretion, to purchase the same or similar Products and/or Services from other suppliers. Company expressly reserves the right to disclose the terms of this Contract, including but not limited to price, to third parties.

PRICE TERMS. Seller warrants that the prices set forth in this Contract are complete and that no additional charge of any type will be added without Company’s prior express written consent, including but not limited to, charges for shipping, packaging, labeling, custom duties, taxes, metal surcharges and other material adjustments, storage, insurance, boxing and crating. If Seller further warrants that the prices set forth in this Contract are the lowest prices charged for the Products, or substantially similar products, sold by Seller to its other customers, and that such prices (and other terms of purchase) are in full compliance with the Xxxxxxxx Xxxxxx Act. If, after execution of this Contract, but prior to payment by the Company for all Products purchased hereunder, Seller (i) sells, or offers to sell, Products, or substantially similar products, to another customer at a lower price, (ii) offers a reduction in price to any customer already purchasing Products, or substantially similar products, or (iii) sells, or offers to sell, Products, or substantially similar Products, on commercial terms that are, in Company’s reasonable judgment, more favorable than those set forth in this Contract, such lower price or more favorable terms will be applicable to all purchases of Products by Company hereunder. If, at any time during the term of this Contract, Seller sells services that are the same or are substantially similar Company receives a bona fide offer from a third party to the Services supply Products to another customer at prices below those stated in the Contract, Seller will immediately extend such lower prices to Company. If Company provides satisfactory evidence that it can purchase Services of like quality and on similar commercial terms terms, but at a lower price, Company may notify, and if provide the necessary particulars of such offer to Seller, and Seller elects will, within thirty (30) days thereafter, inform Company whether it will match such price for Products purchased hereunder. If Seller does not agree to meet match such lower price, then Company may may, in its sole discretion, elect to purchase Services Products from the supplier with the lower pricesuch third party, and any obligation of Company to purchase Services Products from Seller pursuant to the terms of this Contract will be deemed to be waived by Seller to the extent of any such purchases. Upon request of Company, Seller will be required to certify that it is in compliance with the requirements of this paragraphSection. In addition, Company will have the right to examine and audit, during normal business hours, any and all records, data, invoices data and documents, in whatever shape or form, including, but not limited to, electronic media, that may contain information relating to Seller’s obligations as set forth in this paragraph and costs incurred pursuant to this ContractSection. Such records will be kept by Seller for a period of at least three (3) years after the expiration or termination of this Contract, or for such longer periods as may be required by law, in a form that is clear and accurate and containing content sufficient and adequate to permit the aforementioned audit. Except as otherwise expressly set forth in this Contract, Company will have no obligation to purchase any specific quantity quantities of Products and/or Services from Seller and Company will be entitled, in its sole discretion, to purchase the same or similar Products and/or Services from other suppliers. Company expressly reserves the right to disclose any of the terms of this Contract, including but not limited to pricepricing, to third parties.