Product Ordering and Delivery. (a) SuperGen shall order Finished Product at the applicable U.S. Transfer Price by means of purchase orders submitted to AVI or AVI's designee at least 90 days in advance of the requested delivery date. Each purchase order shall be governed by the terms of this Agreement and none of the terms or conditions of SuperGen's purchase orders, AVI's acknowledgment forms or any other forms exchanged by the parties shall be applicable, except those, to the extent consistent with the terms set forth herein, specifying quantity ordered, delivery locations and delivery schedule and invoice information.
Product Ordering and Delivery. Xxxxxx shall purchase the Products and Triangle will deliver the Products in accordance with the following procedures:
Product Ordering and Delivery. Each Store shall order once per week from XxXxxx, and XxXxxx shall supply and deliver to that Store at least once per week. The Stores shall accept each delivery by McLane, and shall be available for those deliveries on a [***]-hours-a-day, [***]-days-a-week flexibility schedule, except where the Store’s hours of business or applicable local government ordinances restrict such unlimited availability, in which case Stripes shall xxxxx XxXxxx the most flexible delivery window reasonably possible under the circumstances. The foregoing flexibility commitment notwithstanding, McLane shall use its best efforts to ensure that at least [***] of deliveries are scheduled and made during Non-Peak hours, and Stripes shall have the opportunity to review and provide recommendations with respect to any delivery schedules prepared by McLane prior to their implementation.
Product Ordering and Delivery. 6.1 The City will provide initial training to the Distributor regarding the Product ordering and returns process. The Distributor shall be responsible for all further training of staff required to ensure subsequent orders and returns follow proper procedures.
Product Ordering and Delivery. (a) Xxxxxx shall purchase Finished Product at the applicable U.S. or International Transfer Price by means of purchase orders submitted to SuperGen at least ninety (90) days in advance of the requested delivery date. Each purchase order shall be governed by the terms of this Agreement and none of the terms or conditions of Xxxxxx'x purchase orders, SuperGen's acknowledgment forms or any other forms exchanged by the parties shall be applicable, except those, to the extent consistent with the terms set forth herein, specifying quantity ordered, 35 <PAGE> CONFIDENTIAL TREATMENT REQUESTED delivery locations and delivery schedule and invoice information; (b) All purchase orders for delivery during a calendar month that do not exceed one hundred twenty five percent (125%) of the latest Sales Forecast covering such month (excluding any amendments subsequent to the original date of such Sales Forecast) shall be deemed accepted by SuperGen. SuperGen shall use its reasonable efforts to supply Xxxxxx with any Finished Product in excess of one hundred twenty five percent (125%) of such Sales Forecast. All other purchase orders must be accepted or rejected by SuperGen, in writing, by facsimile or air courier, within fifteen (15) business days after receipt from Xxxxxx. If SuperGen does not provide such notice of acceptance or rejection within fifteen (15) business days, it shall be deemed to have accepted such purchase orders in full. SuperGen shall deliver all accepted orders to Xxxxxx promptly and shall deliver Xxxxxx'x first order for Finished Product to be sold in the U.S. Territory and the International Territory, respectively, within thirty (30) days of Regulatory Approval in those respective territories. (c) All Finished Products shall be delivered C.I.P. to Xxxxxx'x designated destination. Title and risk of loss shall pass from SuperGen to Xxxxxx when the Finished Products are delivered to the carrier for transport to the designated destination. (d) SuperGen shall invoice Xxxxxx at the applicable U.S. or International Transfer Prices for all Finished Product delivered, and Xxxxxx shall pay to SuperGen the amount invoiced within thirty (30) days of the invoice date. 8.5
Product Ordering and Delivery. 6.1 The City will provide initial training to the Distributor regarding the Product ordering and returns process. The Distributor shall be responsible for all further training of staff required to ensure subsequent orders and returns follow proper procedures. 6.2 The Distributor must order all Product utilizing the City of Edmonton Online Store. The City will provide the Distributor with a user name and password for the City of Edmonton Online Store.
Product Ordering and Delivery. 16.1 This Agreement sets forth the terms and conditions under which NetApp shall order the Products and shall replace and supersede, in their entirety, all of the printed Purchase Order terms and conditions appearing on NetApp’s Purchase Order or Dot Hill’s acknowledgement or related forms, or any other form of NetApp or Dot Hill, and any other conditions which may be submitted at any time by either company, unless mutually agreed by both parties in writing.
Product Ordering and Delivery. A. During the Term, Septima may issue Orders for Product (hereinafter ("Orders") pursuant to the provisions of this Agreement. These Orders, without prior consent from Carrera, shall not exceed the Production Estimates in Section 3. Septima may use the electronic data interchange ("EDI"), facsimile transmission against receipt or registered mail to transmit Orders. The parties agree to utilize such transmission methods to the greatest extent possible to transmit forecasts, Orders, acknowledgements and shipping information regarding the Product.
Product Ordering and Delivery. (a) Xxxxxx shall purchase Finished Product at the applicable U.S. or International Transfer Price by means of purchase orders submitted to SuperGen at least [__________________] in advance of the requested delivery date. Each purchase order shall be governed by the terms of this Agreement and none of the terms or conditions of Xxxxxx'x purchase orders, SuperGen's acknowledgment forms or any other forms exchanged by the parties shall be applicable, except those, to the extent consistent with the terms set forth herein, specifying quantity ordered, delivery locations and delivery schedule and invoice information;
Product Ordering and Delivery. _____________________ [***] Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
