Common use of Product Orders Clause in Contracts

Product Orders. (a) ViewRay will submit to Jastec firm written purchase orders (each a “Purchase Order”) for the purchase of Products at least ten (10) months prior to the specified delivery date of the ordered Products for units of Product after unit 6 and at least twelve (12) months prior to the specified delivery date of the ordered Products for the initial 6 units of Product. Each Purchase Order will specify the quantity or, if more than one shipment is requested, quantities of Products ordered, the requested delivery date or dates, and ship-to locations. Orders will be placed by ViewRay to Jastec by email or facsimile, or by other means agreed upon by the parties, to an address provided by Jastec, which will initially be, [***]. In the case of conflict between the provisions of this Agreement and either the standard printed terms of any Purchase Order or the standard printed terms of sale of Jastec, the provisions of this Agreement will control. (b) ViewRay may delay shipment for up to six (6) months with notice to Jastec delivered at least thirty (30) days prior to the scheduled delivery date. ViewRay may cancel Purchase Orders with notice of cancellation delivered at least thirty (30) days prior to the scheduled delivery date; provided that ViewRay reimburses Jastec for the materials purchased within the established materials lead time and for the labor costs incurred within the established labor lead time in respect of such cancelled Purchase Order and provided further that no reimbursement shall be due Jastec if ViewRay continues to submit Purchase Orders to Jastec for Products.

Product Orders. (a) ViewRay will submit to Jastec firm written purchase orders (each a “Purchase Order”) for the purchase of Products at least ten (10) months [***] prior to the specified delivery date of the ordered Products for units of Product after unit 6 [***] and at least twelve (12) months [***] prior to the specified delivery date of the ordered Products for the initial 6 [***] units of Product. Each Purchase Order will specify the quantity or, if more than one shipment is requested, quantities of Products ordered, the requested delivery date or dates, and ship-to locations. Orders will be placed by ViewRay to Jastec by email or facsimile, or by other means agreed upon by the parties, to an address provided by Jastec, which will initially be, [***]. In the case of conflict between the provisions of this Agreement and either the standard printed terms of any Purchase Order or the standard printed terms of sale of Jastec, the provisions of this Agreement will control. (b) ViewRay may delay shipment for up to six (6) months [***] with notice to Jastec delivered at least thirty (30) days [***] prior to the scheduled delivery date. ViewRay may cancel Purchase Orders with notice of cancellation delivered at least thirty (30) days [***] prior to the scheduled delivery date; provided that ViewRay reimburses Jastec [***] for the materials purchased [***] within the established materials lead time [***] and for the labor costs incurred within the established labor lead time [***] in respect of such cancelled Purchase Order and provided further that no reimbursement shall be due Jastec [***] if ViewRay continues to submit Purchase Orders to Jastec for Products.

Product Orders. (a) ViewRay will submit to Jastec firm written purchase orders (each a “Purchase Order”) for the purchase of Products at least ten (10) months [***] prior to the specified delivery date of the ordered Products for units of Product after unit 6 [***] and at least twelve (12) months [***] prior to the specified delivery date of the ordered Products for the initial 6 [***] units of Product. Each Purchase Order will specify the quantity or, if more than one shipment is requested, quantities of Products ordered, the requested delivery date or dates, and ship-to locations. Orders will be placed by ViewRay to Jastec by email or facsimile, or by other means agreed upon by the parties, to an address provided by Jastec, which will initially be, [***]. In the case of conflict between the provisions of this Agreement and either the standard printed terms of any Purchase Order or the standard printed terms of sale of Jastec, the provisions of this Agreement will control. (b) ViewRay may delay shipment for up to six (6) months [***] with notice to Jastec delivered at least thirty (30) days prior to the scheduled delivery date. ViewRay may cancel Purchase Orders with notice of cancellation delivered at least thirty (30) days prior to the scheduled delivery date; provided that ViewRay reimburses Jastec [***] for the materials purchased [***] within the established materials lead time [***] and for the labor costs incurred within the established labor lead time [***] in respect of such cancelled Purchase Order and provided further that no reimbursement shall be due Jastec [***] if ViewRay continues to submit Purchase Orders to Jastec for Products.