Product Purchases. LGE agrees to purchase from SpatiaLight, in accordance with the prices, quantities, dates and other terms and conditions set forth herein, sets of three (3) SpatiaLight LCoS Chips combined with necessary SpatiaLight Analog ASICs and a Flex and Mount Set (as hereinafter defined), which form a SpatiaLight LCoS Set ("LCoS Set").
Product Purchases. Following its sale of a Product by Ingram to its customer (as evidenced by a sales invoice to its customer), Ingram shall issue a purchase order to Vendor for the Product (as evidenced by a sales invoice to its customer). Ingram may consolidate a number of Products sales on one purchase order; provided that Ingram issues at least one purchase order each month.
Product Purchases. 2.1. The terms and conditions contained in this Agreement shall govern the purchase and sale of product (the "Product") listed in a product schedule (the "Product and Pricing Schedule") entered into from time to time by Buyer and Seller, which schedule shall be substantially in the form of Exhibit B.
2.2. Notwithstanding anything to the contrary in this Agreement, this Agreement is not a requirements contract and does not obligate Buyer to purchase any minimum quantity of Product but only establishes the terms and conditions for such purchases if, as and when Buyer submits orders in accordance with this Agreement.
2.3. Buyer may purchase Products by issuing from time to time a purchase order or a blanket purchase order to Seller (the purchase order and the blanket order may be referred to herein as the "Order" or the "Blanket Order"). The Order or Blanket Order shall set forth the quantity of Product, price of Product, and part number, shall specify a term [*] during which such Order or Blanket Order shall be. Seller shall accept through the EDI verification procedures set forth in Section 2.4, any Order or Blanket Order that materially conforms with the terms of this Agreement. No additional or different provisions proposed by Seller in any acceptance, confirmation or acknowledgment shall apply unless expressly agreed to in writing by Buyer. Buyer hereby gives notice of its objection to any additional or different terms. Subject to any change orders that may be entered into in accordance with this Agreement, the Order or Blanket Order represents the obligation of Buyer to buy and Seller to sell the aggregate quantity of Products specified in the Order or Blanket Order in accordance with and subject to the terms of this Agreement and at the price or prices specified in such Order or Blanket Order (which prices will be established in accordance with the other provisions of this Agreement including those set forth in Section 4) during the term specified in the Order or Blanket Order. However, the specific delivery date for any lot of Product delivered pursuant to a particular Order or Blanket Order and the quantity of Product to be delivered on such date shall be established in accordance with Section 5.
2.4. All Orders or Blanket Orders shall be issued, submitted or communicated, as applicable by electronic data exchange ("EDI"). All EDI orders, verifications, forecasts, responses, acknowledgments and other communications shall (l) reference and be subject ...
Product Purchases. During the Term of this Agreement, DISTRIBUTOR may purchase from iSecureTrac the Products listed on Attachment 1 at the Prices indicated thereon, PROVIDED that DISTRIBUTOR's initial purchase order submitted to iSecureTrac, P.O. number SL-IST0001, dated June 25, 2001, a copy of which is attached hereto as "Exhibit A" and incorporated herein by this reference, shall state and govern the Prices for the quantities listed thereon, and DISTRIBUTOR's Purchase Order number SL-IST0002 dated June 25, 2001 for [confidential treatment requested] "iTracker-ET PTUs" (as defined herein) in the amount of [confidential treatment requested], a copy of which is attached hereto as "Exhibit X" ("XX XX-XXX0000") and incorporated herein by this reference, shall state and govern the Prices for the quantities of Products listed thereon. Subject to the terms and conditions of this Agreement, DISTRIBUTOR hereby agrees and commits to purchase a minimum of [confidential treatment requested] iTracker-ET PTUs during the [confidential treatment requested] period from the date of DISTRIBUTOR's receipt of the first functional iTracker-ET PTU that conforms to its "Specifications" (as defined herein) as reasonably determined and acknowledged by DISTRIBUTOR in writing (the "[confidential treatment requested]Commitment" and "[confidential treatment requested] Commitment Period", respectively); provided, however, that: (i) the [confidential treatment requested] iTracker-ET PTUs ordered by DISTRIBUTOR under X.X. XX-XXX0000 shall be applied against and count towards satisfaction of the [confidential treatment requested]Commitment, notwithstanding the fact that PO SL-IST0002 was issued on June 25, 2001, prior to the Effective Date and the [confidential treatment requested]Commitment Period, (ii) all iTracker-ET PTUs ordered by DISTRIBUTOR hereunder constituting "Cancelled Products" or "Deficient Products" (each, as defined herein) shall be applied against and count towards satisfaction of the [confidential treatment requested]Commitment, even if DISTRIBUTOR rejects such Products and/or cancels or terminates its purchase order therefor as provided herein; provided, further, however, that if DISTRIBUTOR ultimately purchases any Cancelled Product or Deficient Product which, at the time of such purchase, has already been applied against the [confidential treatment requested]Commitment ("Previously Applied Products"), then iSecureTrac's purchase of such Previously Applied Products shall not be applied ...
Product Purchases. During the Term of this Agreement and any renewal period, Rite Aid agrees that it shall order and purchase from GNC and GNC shall supply Rite Aid's requirements for GNC Brand Product, as well as its requirements for Third Party Product as specified in the GNC Plan-O-Gram, carried by GNC in its distribution centers and available for sale to Rite Aid. This requirement to purchase all of Rite Aid's requirements of Third Party Product shall not apply on a case by case basis if Rite Aid is able to obtain such Product from another source at more favorable terms than from GNC. If Rite Aid does purchase those products from a source other than GNC, then Rite Aid will provide proof to GNC of the terms of such purchase within five (5) business days of the purchase date. Rite Aid shall purchase units of the GNC Plan-O-Gram Product in quantities, at times and in assortments as may be called for from time to time in Rite Aid's purchase orders, subject to GNC's normal lead times as GNC may establish from time to time. During the first three years of this Agreement Rite Aid shall provide GNC with a forecast of product orders six (6) weeks in advance; followed by firm orders two (2) weeks in advance of the shipment date. Rite Aid shall place only one order per week per Rite Aid distribution center. After the first three (3) years, Rite Aid need not provide GNC with six (6) week forecasts of orders. GNC will use its best efforts to supply Rite Aid under this Agreement and provide a service level not worse than that provided to franchisees, but there will be no penalties to GNC. Product sold to or carried by Rite Aid shall fall into the following three categories and price formulas.
(1) For GNC Brand Products in the GNC Plan-O-Gram not on consignment to Rite Aid the price to be paid by Rite Aid will be the GNP Standard Cost in effect on the date the order is shipped multiplied by 1.515 with payment due forty-five (45) days after receipt by Rite Aid.
(2) For Third Party Product in the GNC Plan-O-Gram to be sold to Rite Aid the price will be the GNC Standard Cost multiplied by [*] with payment due forty five (45) days after receipt by Rite Aid. "GNC Standard Cost" shall be the Standard Cost reflected in GNC's then current purchasing and inventory system. Within forty five days of the close of each fiscal year of GNC during the term of this Agreement, on a vendor by vendor basis, GNC will pay Rite Aid its pro rata share, based on Rite Aid's purchases as a percentage of GNC's to...
Product Purchases. Paragraph IV. B.
(1) is hereby amended and restated as follows:
(1) For GNC Brand Products in the GNC Plan-O-Gram not on consignment to Rite Aid the price to be paid by Rite Aid will be the GNP Standard Cost (calculated and determined consistent with past practices since December 8, 1998) in effect on the date the order is shipped multiplied by 1.719 with payment due forty-five (45) days from receipt of goods."
Product Purchases. 9.1. To the extent the User makes purchases on the Website, the User agrees that all purchases of products are made pursuant to the respective terms designated upon order placement. Title for any products purchased by the User will transfer upon HFT’s delivery to the carrier and/or User, as indicated in the Confirmation of Order.
9.2. HFT reserves the right to prohibit purchases of any Product to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
Product Purchases. 2.1. The terms and conditions contained in this Agreement shall govern the purchase and sale of product (the “Product”) listed in a product schedule (the “Product Schedule”) entered into from time to time by Compaq and Smart Modular, which schedule shall be substantially in the form of Exhibit B.
2.2. This Agreement is not a requirements contract and does not obligate Compaq to purchase any minimum quantity of Product but only establishes the terms and conditions for such purchases if, as and when Compaq submits orders in accordance with this Agreement.
2.3. In the event that Compaq begins using an additional supplier to support the Memory Options program, Compaq will provide written notice to Smart Modular 60 calendar days prior to the addition of a supplier.
Product Purchases. During the License Term, Uroplasty grants CystoMedix the non-exclusive right to purchase, and Uroplasty agrees to sell, the Products to CystoMedix solely for sales outside of the Territory at a price, and on terms and conditions, to be determined by the parties in good faith. CystoMedix will be responsible for determining the regulatory clearance requirements, including manufacturing, submissions, labeling and promotional requirements in the jurisdiction in which CystoMedix supplies Products.
Product Purchases. The value of Products to be purchased by and delivered to Distributor is:
1.1. During the first 6 months of this Agreement: US$
1.2. During the first 12 months of this Agreement: US$
1.3. During each quarter: at least 20% of the annual quota (Section 2.2).
