Common use of Pricing and Terms of Purchase Clause in Contracts

Pricing and Terms of Purchase. 10.1 The indicative price of any Equipment shall be as follows: (i) For the large type and its applicable Separator is ______________ MCM works, (ii) For the Small Unit is _____________ ex MCM works. The recommended end user price for the large type shall be ______________ (the "Recommended Price"). The indicative Price of Ster-Cid shall be _____________ per liter CIF Bremen, Germany. The recommended end user price for the Ster-Cid shall be ______________ per liter (the "Recommended Price"). 10.2 It is expressly understood and agreed that the above price of the Equipment and/or Ster-cid and/or spare parts prices may be amended by MCM at any time, in its sole discretion, and that such amended price(s) shall become effective thirty (30) days after written notice is sent to Distributor. 10.3 All orders and/or purchases by Distributor shall be according to the following terms: A. All orders shall be on an Ex Factory basis (i.e., at the manufacturing facility in Israel) and accompanied by an irrevocable Letter of Credit, and issued by a bank acceptable to MCM, for the entire invoice amount or Pre Paid of50% (fifty) of the total sum on date of order and the balance will be pay before the delivery date. B. MCM shall have no obligation to fill any order not accompanied by such Letter of Credit. C. All orders placed as specified above shal1 be delivered Ex Factory (i.e., at the manufacturing facility in Israel) within 120 days of the receipt of Distributor's order and the acceptance of the Letter of Credit by MCM's bank or PrePaid of 50% (fifty) of the total sum on date of order and the balance will be pay before the delivery date, provided however that MCM shall not be liable for any delay in the execution of the orders. In cases where Distributor places orders in excess of the quantities of the Minimum Purchase Obligations for any given year, date of de1ivery shall be by agreement between the parties. D. All payments shall be made directly by Distributor to MCM. Payment by the customer or end user shall only be acceptable in cases where MCM has approved such form of payment in writing and in advance. 10.4 Upon the expiration of the warranty period, and if Distributor did not fulfill its Minimum Purchase Obligation, then Distributor shall purchase the spare parts package (as discussed below in Section 11.2) from MCM at its then spare parts catalog price. If Distributor achieves its Minimum Purchase Obligation, then the spare parts package shall remain its own, free of charge. Payment for all spare parts to MCM after the expiration of the warranty period shall be made within 45 days of billing by MCM. Any late payment shall be considered a breach of this Agreement and, further, shall require payment of interest by Distributor at he rate of Prime plus 5%.

Appears in 1 contract

Samples: Distribution Agreement (Caprius Inc)

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Pricing and Terms of Purchase. 10.1 10.1. The indicative price of any an Equipment shall be as follows: (i) For the large type and its applicable Separator is ______________ MCM works, (ii) For the Small Unit is _____________ ex MCM worksUS$ 45,000. The recommended end user price for the large type an Equipment unit shall be ______________ (the "Recommended Price")US$ 75,000. The indicative Price of price for 1Kg. Ster-Cid cid shall be _____________ per liter CIF Bremen, GermanyUS$ 5.5. The recommended end user price for the 1Kg. Ster-Cid cid shall be ______________ per liter US$ 7.5 (the "Recommended Price"). 10.2 10.2. It is expressly understood and agreed that the above price of the Equipment and/or Ster-cid and/or spare parts prices may be amended by MCM at any time, in its sole discretion, and that such amended Amended price(s) shall become effective thirty (30) days after written notice is sent to Distributor. 10.3 10.3. The price charged by Distributor to its customers for the Equipment, spare parts or service, shall be fixed solely by Distributor, provided that such prices shall not exceed the maximum Recommended Price by more than 25% of the Recommended Price, nor shall any price charged by Distributor be under 75% of the Recommended Price, unless approved by MCM in writing and in advance. 10.4. All orders and/or purchases by Distributor shall be according to the following terms: A. All orders shall be on an Ex Factory basis (i.e., at the manufacturing facility in Israel) and accompanied by an irrevocable Letter of Credit, and issued by a bank acceptable to MCM, for the entire invoice amount or Pre Paid of50% (fifty) of the total sum on date of order and the balance will be pay before the delivery dateamount. B. MCM shall have no obligation to fill any order not accompanied by such Letter of Credit. C. All orders placed as specified above shal1 shall be delivered Ex Factory (i.e., at the manufacturing facility in Israel) within 120 60 days of the receipt of Distributor's order and the acceptance of the Letter of Credit by MCM's bank or PrePaid of 50% (fifty) of the total sum on date of order and the balance will be pay before the delivery datebank, provided however that MCM shall not be liable for any delay in the execution of the orders. In cases where Distributor places orders in excess of the quantities of the Minimum Purchase Obligations for any given year, date of de1ivery delivery shall be by agreement between the parties. D. All payments shall be made directly by Distributor to MCM. Payment by the customer or end user shall only be acceptable in cases where MCM has approved such form of payment in writing and in advance. 10.4 10.5. Upon the expiration of the warranty period, and if Distributor did not fulfill its Minimum Purchase Obligation, then Distributor shall purchase the spare parts package (as discussed below bellow in Section 11.2) from MCM at its then spare parts catalog price. If Distributor achieves its Minimum Purchase Obligation, then the spare parts package shall remain its own, free of charge. Payment for all spare parts to MCM after the expiration of the warranty period shall be made within 45 days of billing by MCM. Any late payment shall be considered a breach of this Agreement and, further, shall require payment of interest by Distributor at he the rate of Prime plus 5%.

Appears in 1 contract

Samples: Distribution Agreement (Caprius Inc)

Pricing and Terms of Purchase. 10.1 The indicative price of any Equipment shall be as follows: (i) For the large type and its applicable Separator is ______________ US$ 42,500 ex MCM works, (ii) For the Small Unit is _____________ US$ 17,000 ex MCM works. The recommended end user price for the large type shall be ______________ US$ 75,000 (the "Recommended Price"). The indicative Price of Ster-Cid shall be _____________ US$ 5.5 per liter CIF Bremen, Germany. The recommended end user price for the Ster-Cid shall be ______________ US$ 7.5 per liter (the "Recommended Price"). 10.2 It is expressly understood and agreed that the above price of the Equipment and/or Ster-cid and/or spare parts prices may be amended by MCM at any time, in its sole discretion, and that such amended price(s) shall become effective thirty (30) days after written notice is sent to Distributor. 10.3 All orders and/or purchases by Distributor shall be according to the following terms: A. All orders shall be on an Ex Factory basis (i.e., at the manufacturing facility in Israel) and accompanied by an irrevocable Letter of Credit, and issued by a bank acceptable to MCM, for the entire invoice amount or Pre Paid of50% (fifty) of the total sum on date of order and the balance will be pay before the delivery date. B. MCM shall have no obligation to fill any order not accompanied by such Letter of Credit. C. All orders placed as specified above shal1 be delivered Ex Factory (i.e., at the manufacturing facility in Israel) within 120 days of the receipt of Distributor's order and the acceptance of the Letter of Credit by MCM's bank or PrePaid of 50% (fifty) of the total sum on date of order and the balance will be pay before the delivery date, provided however that MCM shall not be liable for any delay in the execution of the orders. In cases where Distributor places orders in excess of the quantities of the Minimum Purchase Obligations for any given year, date of de1ivery shall be by agreement between the parties. D. All payments shall be made directly by Distributor to MCM. Payment by the customer or end user shall only be acceptable in cases where MCM has approved such form of payment in writing and in advance. 10.4 Upon the expiration of the warranty period, and if Distributor did not fulfill its Minimum Purchase Obligation, then Distributor shall purchase the spare parts package (as discussed below in Section 11.2) from MCM at its then spare parts catalog price. If Distributor achieves its Minimum Purchase Obligation, then the spare parts package shall remain its own, free of charge. Payment for all spare parts to MCM after the expiration of the warranty period shall be made within 45 days of billing by MCM. Any late payment shall be considered a breach of this Agreement and, further, shall require payment of interest by Distributor at he rate of Prime plus 5%.

Appears in 1 contract

Samples: Distribution Agreement (Caprius Inc)

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Pricing and Terms of Purchase. 10.1 10.1. The indicative price of any an Equipment shall be as follows: (i) For the large type and its applicable Separator is ______________. The recommended end user price for an Equipment unit shall be ______________ MCM works, (ii) For the Small Unit is . The price for 1Kg. Ster-cid shall be ______________ ex MCM works. The recommended end user price for the large type 1Kg, Ster-cid shall be ______________ (the "Recommended Price"). The indicative Price of Ster-Cid shall be _____________ per liter CIF Bremen, Germany. The recommended end user price for the Ster-Cid shall be ______________ per liter (the "Recommended Price"). 10.2 10.2. It is expressly understood and agreed that the above price of the Equipment and/or Ster-cid and/or spare parts prices may be amended by MCM at any time, in its sole discretion, and that such amended Amended price(s) shall become effective thirty (30) days after written notice is sent to Distributor. 10.3 10.3. The price charged by Distributor to its customers for the Equipment, spare parts or service, shall be fixed solely by Distributor, provided that such prices shall not exceed the maximum Recommended Price by more than ______________ of the Recommended Price, nor shall any price charged by Distributor be under ______________ of the Recommended Price, unless approved by MCM in writing and in advance. 10.4. All orders and/or purchases by Distributor shall be according to the following terms: A. All orders shall be on an Ex Factory basis (i.e., at the manufacturing facility in Israel) and accompanied by an irrevocable Letter of Credit, and issued by a bank acceptable to MCM, for the entire invoice amount or Pre Paid of50% (fifty) of the total sum on date of order and the balance will be pay before the delivery dateamount. B. MCM shall have no obligation to fill any order not accompanied by such Letter of Credit. C. All orders placed as specified above shal1 shall be delivered Ex Factory (i.e., at the manufacturing facility in Israel) within 120 60 days of the receipt of Distributor's order and the acceptance of the Letter of Credit by MCM's bank or PrePaid of 50% (fifty) of the total sum on date of order and the balance will be pay before the delivery datebank, provided however that MCM shall not be liable for any delay in the execution of the orders. In cases where Distributor places orders in excess of the quantities of the Minimum Purchase Obligations for any given year, date of de1ivery delivery shall be by agreement between the parties. D. All payments shall be made directly by Distributor to MCM. Payment by the customer or end user shall only be acceptable in cases where MCM has approved such form of payment in writing and in advance. 10.4 10.5. Upon the expiration of the warranty period, and if Distributor did not fulfill its Minimum Purchase Obligation, then Distributor shall purchase the spare parts package (as discussed below bellow in Section 11.2) from MCM at its then spare parts catalog price. If Distributor achieves its Minimum Purchase Obligation, then the spare parts package shall remain its own, free of charge. Payment for all spare parts to MCM after the expiration of the warranty period shall be made within 45 days of billing by MCM. Any late payment shall be considered a breach of this Agreement and, further, shall require payment of interest by Distributor at he the rate of Prime plus 5%.

Appears in 1 contract

Samples: Distribution Agreement (Caprius Inc)

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