Purchase of Products. You agree to purchase from Us the hardware products, software licenses and services listed on the Order Form, together with all existing accessories, attachments, replacements, and additions (collectively the “Products”) upon the terms stated herein. For the avoidance of doubt, postage meters for use in mailing machines are excluded from the definition of Products. This Purchase Agreement is binding on You as of the date You sign it. This Purchase Agreement is not binding on Us until We sign it or until the Products are shipped, whichever happens first.
Purchase of Products a. Subject to the General Xxxxx, Supplier agrees to sell and Xxxxx agrees to buy the Products that Xxxxx describes in the Purchase Orders Buyer issues from time to time.
b. A Purchase Order will become binding upon acceptance by Supplier. Each Purchase Order is deemed to be accepted by Supplier upon the first of the following to occur: (i) Supplier accepts it in writing; (ii) Supplier begins performance under the Purchase Order; or (iii) the passage of five business days after Supplier’s receipt of a Purchase Order without written notice to Buyer that Supplier does not accept.
c. Buyer may provide Supplier a forecast of anticipated Product purchases. Except as the Parties otherwise agree, all forecasts are non-binding on Buyer and Buyer may purchase in excess of the quantities specified in a forecast. Supplier must immediately notify Buyer of any anticipated inability to satisfy a forecast.
d. Supplier will accept all Purchase Orders that are consistent with the forecast (if provided) for the applicable Product.
e. Supplier agrees to obtain and clearly reference Supplier’s Purchase Order number on Supplier’s invoice for Products under that Purchase Order. Buyer may consider invalid any invoice that does not contain a correct Purchase Order number.
f. In the event of a Force Majeure or shortage in materials, Supplier will fulfill Purchase Orders no less favorably than any other customer of Supplier. Supplier will provide Buyer with as much notice as possible if it anticipates or has reason to believe that Supplier's output of the Product will not be sufficient to meet all of Buyer's requirements for any period.
Purchase of Products. COMPANY agrees to purchase from DPT all Products manufactured for COMPANY by DPT in accordance with COMPANY’s purchase orders or Forecasted Needs to the extent such Products meet the Specifications or exceptions approved by COMPANY. Products shall be ordered by COMPANY by the issuance of separate, pre-numbered purchase orders in increments of full batches and in minimum order quantities.
Purchase of Products. TTI shall sell to Distributor and Distributor shall purchase from TTI, in accordance with the terms and conditions of this Agreement, the Products pursuant to the published Distributor Price List. It is the intention of the parties that Products shall be purchased by Distributor hereunder for the purpose of resale and that the Distributor shall sell the Products solely within the Territory unless otherwise agreed to and be responsible for the collection and reporting of any and all sales tax or use tax in its territory.
Purchase of Products. Customer hereby irrevocably commits to order a minimum of [***] of the Product. Concurrent with the execution of this Agreement, Customer will issue to QUALCOMM a non-cancelable Initial P.O. for at least [***] of the Product at the pricing set forth in Exhibit B and make timely payment as set forth in Article 4.4 below. Customer will issue follow-on Purchase Orders pursuant to the terms set forth in Exhibit B. This Agreement shall apply to the Initial Purchase Order and follow-on Purchase Orders accepted by QUALCOMM for Product hereunder, unless the Parties expressly agree in writing that this Agreement or a particular provision thereof, does not apply, and each P.O. shall be subject thereto. Each P.O. accepted by QUALCOMM in writing and this Agreement shall constitute the entire agreement between Customer and QUALCOMM with respect to the manufacture, purchase, sale and delivery of the Product(s) described in such P.O.
Purchase of Products. Buyer has the absolute right to purchase the Items or Services from manufacturers or suppliers other than Seller. Except when issued to carry out a written contract between the parties, this order constitutes the entire agreement of sale and purchase of the goods and services identified herein, and is expressly limited to and made conditional upon the acceptance of all the terms and conditions. Any additional or different terms and conditions contained in any prior quotation or that may be contained in any acknowledgment of this purchase order shall be deemed objected to by Buyer without further notice of objection and shall be of no effect nor under any circumstances be binding upon Xxxxx. Seller shall be deemed to have assented to all terms and conditions of this purchase order if any of the goods are shipped or services provided to Buyer. ACCEPTANCE OF THIS ORDER: Any of the following acts by Seller shall constitute acceptance of this Order:
Purchase of Products. Distributor shall purchase the Products from Itamar, for the purpose of reselling them to end-users subject to the terms and conditions of this Agreement, and including but not limited to Sections 7 and 8 herein, through purchase orders (“Orders”). The Orders shall be issued in writing and transmitted via fax or by electronic means (including without limitation to electronic mail), by Distributor to Itamar and shall be subject to (i) acceptance by Itamar; and (ii) to Section 8.3 below.
Purchase of Products. Page 11 SECTION 7.0 PRICE ..................................................... Page 11 SECTION 8.0 PARTS PRICING ............................................. Page 16 SECTION 10.0 ORDER MANAGEMENT, DELIVERY, AND SHIPMENT ................. Page 18 SECTION 11.0 PRODUCT FORECAST ......................................... Page 20
Purchase of Products. Subject to the terms and conditions of this Agreement, MSL agrees to produce and sell, and IBM agrees to purchase Products. This Agreement does not authorize MSL to produce or deliver any Product.
Purchase of Products. Subject to the terms and conditions of this Agreement, the Supplier agrees to sell to the Buyer, and the Buyer agrees to purchase from the Supplier, the Private Label Products listed in Exhibit A at the prices listed in Exhibit A, for exclusive distribution of the particular private label and sale to end customers by the Buyer. In addition, Supplier shall provide the Buyer with the order fulfillment services listed in Exhibit A at the prices listed in Exhibit A.
