Pricing of Products. Gelteq may provide recommended retail prices for the Products from time to time, however the pricing strategy (including price list, allowances, discounts, rebates and trade terms) for the sale of the Products within the Territory shall be decided by the Licensee in its absolute discretion, noting that the first order will be charged at $1.10 per unit.
Pricing of Products. 4.01 ABI shall pay to CBA the Scheduled Price for each Product purchased by ABI hereunder. At the option of CBA, CBA may change the Scheduled Price at any time upon at least 30 days written notice to ABI (or, in connection with the sale of Products in a state requiring advance posting of prices, any longer period of time reasonably requested by ABI in order to satisfy such price posting obligations).
4.02 CBA may, from time to time, suggest Product resale prices to ABI, and ABI shall consider such suggestions. However, ABI shall have the right to resell the Product to Alliance Wholesalers at such prices and on such terms and conditions as ABI may, in its sole discretion, determine from time to time. Any and all price promotions to be offered to Alliance Wholesalers by CBA shall be implemented in strict accordance with the procedures set forth in Attachment D attached hereto. Within 30 days after the end of each calendar quarter during the Term, ABI shall pay to CBA any Additional Price Component that is due CBA with respect to sales of Product by ABI to Alliance Wholesalers during such calendar quarter.
4.03 Promptly after receipt of funds from the Alliance Wholesalers with respect to any delivery of Product (but not later than 15 days thereafter), ABI shall pay the Scheduled Price thereof to CBA. ABI shall ensure that its wholly owned Alliance Wholesalers promptly remit payment for Product to ABI. If any non-AB owned Alliance Wholesaler does not pay to ABI the purchase price with respect to any Products purchased by such Alliance Wholesaler within 60 days after delivery thereof, at the option of CBA, ABI shall assign all of its rights to CBA against such Alliance Wholesaler relating to the purchase price for such Products.
4.04 (a) ABI shall reduce the payment required by Section 4.03 by the Margin for such Products; the Invoicing Costs; and Taxes. Additionally, ABI shall be entitled to setoff against such payment any amounts owed to ABI for defective Products (including without limitation, any costs of disposing such defective Product), or which are due ABI from CBA pursuant to the terms of this Agreement or otherwise.
Pricing of Products. Pricing for Products shall under no circumstances exceed pricing of similar products to Seller’s Parts Distributors. Upon receipt of a written request from Xxxxx, Seller hereby agrees to provide Xxxxx’s Supply Manager with all necessary documentation to evidence Seller’s compliance with its agreement set forth in the previous sentence of this section.
Pricing of Products. The Kidney Disease Solution’s pricing of products and services is totally within The Kidney Disease Solution’s absolute discretion, and The Kidney Disease Solution reserves the right to change the pricing structure, terminate any special offers, discontinue products or services, or change the terms under which products or services are offered at any time, without any advance notice to You.
Pricing of Products. ABI shall pay to Redhook the Scheduled Price for each Product purchased by ABI hereunder. At the option of Redhook, Redhook may change the Scheduled Price at any time upon at least 30 days written notice to ABI (or, in connection with the sale of Products in a state requiring advance posting of prices, any longer period of time reasonably requested by ABI in order to satisfy such price posting obligations).
Pricing of Products. Commencing as of the Commencement Date, during the Term the UNFI pricing for Products shall be as follows:
(i) As to all Products other than WO Private Label Products, [CONFIDENTIAL](15); and
(ii) As to WO Private Label Products, [CONFIDENTIAL](16)
Pricing of Products. Products will be priced in the Territory based upon the mutual agreement of the parties after evaluating the pricing of comparable products. If the parties are unable to agree upon the pricing of a Product after good faith discussions, then Activision will have the right to determine the pricing for such Product in accordance with the standard practices by which it generally determines the pricing for its own [*] PC products (including, without limitation, the initial pricing of such Product and any subsequent price reductions that take into account the then current market conditions for such Product); provided, however, that the Products may not be initially priced less than Interplay's previously released [*] PC products, which the parties agree to be $[*] wholesale, without the mutual agreement of the parties. *Portions omitted pursuant to a request for confidential treatment pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
Pricing of Products. 5.1.1 The Seller may upload, advertise and offer Products for sale on the Platform, and are at liberty to set the Seller’s own prices for the Products.
5.1.2 Notwithstanding Clause 5.1.1, the price stated for each Product must be an accurate representation of the sale and the Seller must not manipulate the price of any Product, including intentionally stating a lower price for the Product but increasing the Delivery Fee unreasonably so as to avoid paying or to pay a lower Commission. In the event the Seller breaches this Clause 5.1.2, Mecan shall be entitled to suspend the Seller’s Product listing without notice to the Seller and impose any further penalty as set out in Schedule 5 (Penalties) at Xxxxx’s discretion.
5.1.3 The Seller will not vary the price indicated in the Order and unless agreed in writing between Mecan and the Seller, will include fulfilment cost of the Order (including the packaging, storing and delivery cost).
5.1.4 If the Seller is required by law to charge any taxes on the Products, the Seller shall ensure any price stated in respect of the Products shall clearly state the taxes applicable. The Seller shall issue receipts or tax invoices to the Buyers, upon their request or if such issuance is required by law.
Pricing of Products. 5.1 RGC shall pay Brio for the Products in accordance with the prices negotiated between RGC and Brio and specified in Schedule A of this Agreement. Such prices shall not include custom's duties, sales taxes, excise taxes, or similar assessments or charges.
5.2 The prices specified in Schedule A of this Agreement remain in effect until the beginning of the subsequent calendar year after signing of this Agreement. The prices shall thereafter be adjusted for one (1) year periods (including the calendar year subsequent to signing of this Agreement) through negotiations between the parties. Such negotiations shall commence not later than one (1) month before expiration of any period. If the parties cannot agree upon adjustment at the latest three (3) months after the negotiations' commencement, either party may terminate this Agreement by giving the other party written notice three (3) months in advance.
5.3 All payments to Brio by RGC shall be without deduction for taxes, value added taxes, assessments, or other charges of any kind which may be imposed by any national, local or other authority, except the Swedish authorities, with respect to any amounts payable pursuant to this Agreement, and such taxes, value added taxes, assessments or other charges shall be assumed and paid by RGC provided, however, that any such income taxes or taxes of a similar nature imposed upon Brio by such non-Swedish authorities and paid by RGC shall be deductible by RGC provided that RGC promptly furnished to Brio in original or duplicate original tax receipt evidencing the payment of such income taxes or other taxes to the appropriate tax authorities. The right to deduct such taxes is limited to taxes that are allowed under the applicable rules and regulations of Sweden as a credit against the Swedish income taxes of Brio and to such allowed credits which can be actually used by Brio due to its actual tax situations.
5.4 If RGC is required to deduct a tax from any payment to Brio and fails to provide a receipt to Brio as prescribed in Section 5.3 above, then RGC shall indemnify and hold Brio harmless for any damage, loss or claims arising out of such failure.
Pricing of Products. Neither StrucTec nor Mitcham may require that the other charge any specific price or follow any pricing guidelines or establish or require any other specific or general term with regard to the Leasing or sale of any of the Products, or the provision of any other good or service by either of them. Notwithstanding the foregoing, Mitcham shall use its reasonable best efforts to have a reasonable quantity of the Products available for lease at prices which Mitcham believes reflects the supply of and demand for the Products, based upon market conditions and forecasted sales.
