Common use of PRICES AND ORDERS Clause in Contracts

PRICES AND ORDERS. The prices paid by Reseller when purchasing from Discreet shall be the prices reflected on the Reseller Price List as posted to OTW. Discreet may change prices at any time effective thirty (30) days after publication of a new Reseller Price List or other similar notice to Reseller. Purchase orders must be in writing (including facsimile, telex, telecopy or electronic communication such as email, but only if such form of electronic communication has been previously agreed to by Discreet) and must request a delivery date during the Term of this Agreement. Discreet reserves the right to accept or reject orders, in whole or in part, and shall make reasonable commercial efforts to advise Reseller promptly of any order rejected hereunder. Upon acceptance by Discreet, purchase orders shall be binding as to the products and services ordered and place of delivery, but not as to any other term appearing on such purchase order. Discreet reserves the right to reject any order or to cancel any order previously accepted if Discreet determines that Reseller is in breach under this Agreement. For the avoidance of doubt, written orders accepted and confirmed by Autodesk reflecting special price concessions, promotions or discounts to Reseller shall be deemed to be part of this Agreement.

Appears in 2 contracts

Samples: www.sec.gov, Partner Agreement (Avatech Solutions Inc)

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PRICES AND ORDERS. The prices paid by applicable to Reseller when purchasing from Discreet shall be the prices reflected on the then current Reseller Price List as posted to OTWList. Discreet may change prices and discounts at any time effective thirty (30) days after publication of a new Reseller Educational Price List or other similar notice to Reseller. All prices are F.O.B. or Free Carrier Discreet's manufacturing plant. Purchase orders must be in writing (including facsimile, telex, telecopy or electronic communication such as email, but only if such form of electronic communication has been previously agreed to by Discreet) and must request a delivery date during the Term term of this Agreement. Discreet reserves the right to accept or reject orders, in whole or in part, and shall make reasonable commercial efforts to advise Reseller promptly of any order rejected hereunder. Upon acceptance by Discreet, purchase orders shall be binding as to the products and services ordered and place placed of delivery, but not as to any other term appearing on such purchase order. Discreet reserves the right to reject any order or to cancel any order previously accepted if Discreet determines that Reseller is in breach default under this Agreement. For the avoidance of doubt, written orders accepted and confirmed by Autodesk reflecting special price concessions, promotions or discounts to Reseller shall be deemed to be part of this Agreement.

Appears in 1 contract

Samples: Reseller Agreement (N Gen Solutions Com Inc)

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PRICES AND ORDERS. The prices paid by applicable to Reseller when purchasing from Discreet shall be the prices reflected on the then-current Reseller Price List based upon Reseller's discount level, as posted set forth in the AUTODESK FY2000 VAR VALUE PROPOSITION. The AUTODESK VAR VALUE PROPOSITION may be revised by Autodesk upon written notice to OTWReseller. Discreet Autodesk may change prices at any time effective thirty (30) days after publication of a new Reseller Price List or other similar notice to Reseller. All prices are F.O.B. or Free Carrier Autodesk's manufacturing plant. Purchase orders must be in writing (including facsimile, telex, telecopy or electronic communication such as email, but only if such form of electronic communication has been previously agreed to by DiscreetAutodesk) and must request a delivery date during the Term term of this Agreement. Discreet Autodesk reserves the right to accept or reject orders, in whole or in part, and shall make reasonable commercial efforts to advise Reseller promptly of any order rejected hereunder. Upon acceptance by Discreet, Autodesk. purchase orders shall be binding as to the products and services ordered and place of delivery, but not as to any other term appearing on such purchase order. Discreet Autodesk reserves the right to reject any order or to cancel any order previously accepted if Discreet Autodesk determines that Reseller is in breach default under this Agreement. For the avoidance of doubt, written orders accepted and confirmed by Autodesk reflecting special price concessions, promotions or discounts to Reseller shall be deemed to be part of this Agreement.

Appears in 1 contract

Samples: Autodesk Authorized Reseller Agreement (N Gen Solutions Com Inc)

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