Common use of Product Forecasts Clause in Contracts

Product Forecasts. To assist Salton in production scheduling for the manufacture of the Products, Kmart shall provide to Salton, monthly, a six month rolling forecast of its requirements for Products. The first forecast shall be provided by Kmart to Salton within thirty (30) business days of the Execution Date of this Agreement (to forecast the requirements for the six months ended June 30, 1997 and for the next five succeeding calendar months) and thereafter shall be provided to Salton on or before the 20th day of each month (to forecast the requirements for the next six succeeding calendar months). It is understood and agreed that all forecasts are estimates only and Kmart shall only be bound to purchase the Products pursuant to Specific Purchase Orders issued by it to Salton, subject to the satisfaction of the Minimum Product Order commitment set forth in Section 5.1 hereof; and the Fee on any shortfall in the Minimum Product Order for any Category and Kmart's payment for conforming Products ordered and timely delivered through the date of Termination shall be Salton's sole and exclusive remedy hereunder.

Appears in 6 contracts

Samples: Purchase, Distribution and Marketing Agreement (Salton Maxim Housewares Inc), Purchase, Distribution and Marketing Agreement (Salton Maxim Housewares Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

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Product Forecasts. To assist Salton NewTech in production scheduling for the manufacture of the Products, Kmart shall provide to SaltonNewTech, monthly, a six month rolling forecast of its requirements for Products. The first forecast shall be provided by Kmart to Salton NewTech within thirty (30) business days of the Execution Date of this Agreement (to forecast the requirements for the six months ended June 30, 1997 and for the next five succeeding calendar months) and thereafter shall be provided to Salton NewTech on or before the 20th day of each month (to forecast the requirements for the next six succeeding calendar months). It is understood and agreed that all forecasts are estimates only and Kmart shall only be bound to purchase the Products pursuant to Specific Purchase Orders issued by it to SaltonNewTech, subject to the satisfaction of the Minimum Product Order commitment set forth in Section 5.1 hereof; and the Fee on any shortfall in the Minimum Product Order for any Category and Kmart's payment for conforming Products ordered and timely delivered through the date of Termination shall be SaltonNewTech's sole and exclusive remedy hereunder.

Appears in 5 contracts

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc), Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

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Product Forecasts. To assist Salton in production scheduling for the manufacture of the Products, Kmart shall provide to Salton, monthly, a six month rolling forecast of its requirements for Products. The first forecast shall be provided by Kmart to Salton within thirty (30) business days of the Execution Date of this Agreement (to forecast the requirements for the six months ended June 30, 1997 and for the next five succeeding calendar months) and thereafter shall be provided to Salton on or before the 20th day of each month (to forecast the requirements for the next six succeeding calendar months). It is understood and agreed that all forecasts are estimates only and Kmart shall only be bound to purchase the Products pursuant to Specific Purchase Orders issued by it to Salton, subject to the satisfaction of the Minimum Product Order commitment set forth in Section 5.1 hereof; and the Fee on any shortfall in the Minimum Product Order for any Category and Kmart's payment for conforming Products ordered and timely delivered through the date of Termination shall be Salton's sole and exclusive remedy hereunder.any

Appears in 1 contract

Samples: Purchase, Distribution and Marketing Agreement (Windmere Durable Holdings Inc)

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