Common use of Purchase Documentation Clause in Contracts

Purchase Documentation. Each Purchase Order that IM accepts, together with the accompanying Quote, the Specifications, any acceptance criteria in connection with the sale and purchase (“Acceptance Criteria”) and any Statement of Work for additional Services to be provided in connection therewith, shall constitute “Purchase Documentation”. Notwithstanding the foregoing, additional provisions regarding Specifications and Acceptance Criteria for the first Wets Workflow are set forth in Exhibit D, which shall be deemed part of the Purchase Documentation. The Purchase Documentation for the initial purchase is set forth in Exhibit A. Exhibit A-1 is a Quote for a second Wets Workflow for installation in an ATMI facility, with acceptance in 2008. If ATMI places a second purchase order with IM by the end of March, 2008, IM shall provide a volume discount for that second Wets Workflow, as shown in Exhibit A-1; if IM accepts said purchase order, it shall be deemed to have been incorporated into Exhibit A-1 as Purchase Documentation (it being understood and agreed that IM will accept said purchase order if it is consistent with the terms of the Quote incorporated into Exhibit A-1, subject to mutual agreement concerning delivery date and shipping instructions). Each subsequent set of Purchase Documentation shall be deemed to be incorporated herein as Exhibit X-0, Xxxxxxx X-0, et seq., and together with the terms and conditions of this Agreement, shall constitute the complete agreement regarding that purchase and sale. Notwithstanding the foregoing, nothing contained in any Purchase Order, Purchase Order acknowledgment, or invoice shall in any way modify the terms and conditions of this Agreement, or add any additional terms or conditions; provided, however, that such standard variable terms as price, quantity, delivery date, shipping instructions and the like, as well as tax exempt status, if applicable, shall be specified on each purchase order or acknowledgment. Any purchase order ATMI issues will include the fees and payment terms as set forth in the applicable Quote. IM will accept each said purchase order if it is consistent with the terms of the offer set forth in the applicable Quote, subject to mutual agreement concerning delivery date and shipping instructions. ATMI’s issuance of a Purchase Order referencing a Quote will constitute its agreement to pay IM the fees, plus applicable taxes as set forth below, in accordance with and subject to the terms of this Agreement (including, without limitation, ATMI’s acceptance rights hereunder). Any software provided hereunder is licensed, not sold, to ATMI and any reference to the “sale” or “purchase” of software shall be deemed to mean “license.” [*] Certain information in this document has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.