Product Purchase x. XXXXX agrees to sell, transfer and deliver the XXXXX Supplied System to Customer for the purchase price set forth in the Engagement Document, subject to all of the covenants, terms and conditions hereof.
b. Customer agrees to purchase the XXXXX Supplied System, subject to all of the covenants, terms and conditions hereof, and to pay XXXXX the purchase price set forth in the Engagement Document. Typographical and other clerical errors in the Engagement Document are subject to correction.
c. Prior to Installation Customer may inspect the XXXXX Supplied System and reject the XXXXX Supplied System solely if it is defective or non- conforming. If the XXXXX Supplied System is defective or non-conforming XXXXX shall replace or repair the XXXXX Supplied System so as to conform to the Engagement Document.
d. Delivery shall be made in accordance with the terms of the Engagement Document and this Agreement.
e. Prices for additional materials requested by the Customer (Owner or Contractor) not included on the agreed upon agreement may vary from the prices quoted with the agreement due to changes in market conditions.
x. XXXXX is not responsible for any products listed only on mechanical or electrical drawings, and not listed on architectural plans.
x. XXXXX policy is not to accept any material returns except for defective materials or a XXXXX ordering error. All material purchased by the Customer is considered special order material and may not be returned for credit. Excess material purchased by the Customer is the Customer’s responsibility.
h. In the event any of the materials supplied by XXXXX are incorrect or defective, the liability of XXXXX for the incorrect or defective material is limited to the replacement or repair of the defective material and not for any incidental or consequential damages suffered by the Customer (Owner or Contractor) or a third party. XXXXX must be notified of any product defects or incorrect materials prior to installation and shall be given the option to repair or replace any defective or incorrect products. XXXXX will not be responsible for any back charges from Customer (Owner or Contractor) or a third party for the repair, replacement, or omission of any products unless specifically agreed to in writing prior to the performance of the work.
Product Purchase. Pursuant to the New Hengtong Product Purchase Framework Agreement, the Group has agreed to purchase products mainly used for production purpose of the Group (including but not limited to electricity and steam) from Yantai Hengtong for the three years ending 31 December 2021. Xxxxxx Xxxxxxxx agreed to sell its products to the Group in first priority in the event that purchase terms are the same as those of third parties (including but not limited to quantity, price and quality). Xxxxxx Xxxxxxxx agreed not to sell the products to the Group on terms less favourable than those offered to third parties for any transactions relating to the sales of products between the Group and Yantai Hengtong. The Group and Xxxxxx Xxxxxxxx agreed that the entering into of the New Hengtong Product Purchase Framework Agreement would not affect the selection of trading partners and the conduct of transactions with third parties. The Group is entitled to purchase products from any third parties if a third party can sell the same or similar products at a more favourable price than the price available under the New Hengtong Product Purchase Framework Agreement. In respect of all transactions contemplated under the New Hengtong Product Purchase Framework Agreement for the purchase of products, both parties may, within the scope of the New Hengtong Product Purchase Framework Agreement, enter into specific product purchase agreements, provided that the terms of the specific product purchase agreements shall not contravene those of the New Hengtong Product Purchase Framework Agreement.
Product Purchase. (A) Product Prices. The price of the Products that Manufacturer manufactures or has manufactured, for the Distributor shall be negotiated by the parties not less than one times at 3 months. Vaccines for the Products shall be delivered in dispensing units as needed by Distributor.
Product Purchase. (i) Xxxx the request of Daimler, Ford, NuCellSys or Newco as the case may be, (the "OEM"), Ballard will sell to the OEM the number of xxx Xxoducts listed above as requested by the OEM and subject to capacity constraints will use commercially reasonable efforts to quote and supply other Products as requested by the OEMs.
(ii) Each OEM will purchase the Products (as described under Section 5.9(d)(vi) below) under its standard respective terms and conditions for the purchase of production goods. Purchases by Ford will be made on the basis of "Ford's Global Terms and Conditions", the most recent version of which is dated January 1, 2004, as may be amended from time to time and purchases by Daimler of experimental stacks and pre Job #1 prototypes will be made on the basis of Daimler's "Terms and Conditions of Purchase for Development Services" and purchases by Daimler of Post Job #1 stacks will be made on the basis of Daimler's "General Terms and Conditions for the Purchase of Production Material and Spare Parts which are destined for the Automobile", the most recent version of which is dated January 1st, 2004 and the "Mercedes-Benz Special Terms (Version 2007)" as may be amended from time to time;
Product Purchase. 5.4.1 Subject to Article 11 hereof and to Section 3.2 hereof, the parties agree to cooperate to ensure an orderly and timely supply of Product to GJT and its clinical investigators of all Product required by GJT to conduct pivotal clinical studies and bioequivalence testing and to establish a reasonable procedure for ensuring that APOTHECON receives adequate advance notice of GJT's requirements for same. All Product supplied by APOTHECON shall be sold F.O.
Product Purchase. COMPANY shall invoice Distributor each time Products are shipped. All prices are F.O.B. COMPANY’s facility and include export packaging. Prices are also sole of any sales, use, excise, value added, withholding or similar tax of any kind Distributor agrees to pay, and to indemnify and hold COMPANY harmless from any sales, use, excise, value added, withholding or similar tax levied outside of the United States on the Products.
Product Purchase. For any order to Merit3D or their affiliates, the Buyer agrees to purchase the products identified in a purchase order submitted by the Buyer and/or a quote sent out by Merit3D and accepted by the Buyer. Quantities and prices shall be listed on said documents. Merit3D agrees to manufacture and supply to Buyer the products identified in said documents and according to Buyers tolerances subject to the natural and reasonable limitations, tolerances, and variations inherent in the additive manufacturing process. Buyer will provide Merit3D with pass-fail specifications of the parts ordered at the time of submitting the Purchase Order.
Product Purchase. If the Primary MEMBER or any of the Additional MEMBER’s on the agreement choose to purchase products directly from the CLUB using their assigned Key, the primary MEMBER xxxxx agrees to have the cost of such purchase, including Sales Tax, added to the next monthly draft in addition to their membership dues.
Product Purchase. If you do not Revoke, you may, according to any then-existing employee product purchase plan—but only for you and your immediate family—purchase the Company’s products.
Product Purchase. JJ may purchase Product to sell across his website(s) at AMMO's lowest pricing offered to wholesale vendors. If requested, JJ will receive 100 rounds of each skew of the Xxxxx Xxxxx Branded Products per month during the Term.
