Purchase of the Products. 4.1 The Customer shall order Products by issuing a Purchase Order to Saltwell. The Purchase Order shall become binding upon the Parties when Saltwell has issued an Order Confirmation in relation to the Purchase Order. The Order Confirmation shall prevail over the Purchase Order in the event of inconsistencies or contradictions.
4.2 Saltwell shall under no circumstances have any obligation to accept an order from the Customer, regardless of whether the Customer has received a Quotation from Saltwell or not.
4.3 Each Purchase Order shall be issued in the manner determined by Xxxxxxxx from time to time, and shall, unless otherwise agreed, include:
(a) a specification of the Product including Product article number as designated by Saltwell;
(b) the quantity of Products to be supplied;
(c) the Purchase Price;
(d) the desired delivery date;
(e) the delivery address; and
(f) any other instructions or requirements related to the Purchase Order.
4.4 In the event there are inconsistencies or contradictions between any of the documents that form a part of this Agreement, the Parties agree that they shall prevail over each other in the following order if not specifically stated otherwise in such document.
1. these General Terms
2. each Order Confirmation from Saltwell 3. any Quotation 4. each Purchase Order from Customer
Purchase of the Products. 3.1 DMD shall sell and ship to OLJ, on the exclusive basis in Japan, the Products pursuant to purchase orders issued by OLJ in accordance with the pricing schedules as agreed upon by both parties, and OLJ shall purchase and accept shipment of such Products and shall have the exclusive right to market the Products in Japan.
3.2 Additional countries in which the Products may be distributed or otherwise marketed by OLJ shall be added upon mutual agreement.
Purchase of the Products. 3.1 Subject to the terms and conditions of this Agreement, the City agrees to purchase and the Supplier agrees to sell the Products listed in Schedule B of this Agreement to the City at and for the unit prices stated in Schedule B.
Purchase of the Products. 3.1. The Distributor shall purchase the Products only from the Manufacturer or from any other supplier agreed in writing with the Manufacturer, and the Manufacturer shall sell the Products to the Distributor subject to availability. The Manufacturer is entitled to refuse, for any justified reason, including lack of payment on previous deliveries, any order placed by the Distributor.
3.2. The current purchase prices for the Products are listed in Annex IV and may be changed by the Manufacturer at any time, provided the Distributor receives 30 days advance notice to this effect. Orders accepted by the Manufacturer before the effective date of any change shall be handled at the lower of the two prices (previous or new).
3.3. All sales prices payable by the Distributor are exclusive of import duties, VAT and any similar sales tax, which shall be paid by the Distributor in addition to the sales price.
3.4. The Parties agree that timely payment by the Distributor of invoices relating to the Products is essential to the continuation of this Agreement, and in addition to and without prejudice to the accrual of interest on all late payments as of the due date at __________ per cent (__________ %), non-payment or late payment by the Distributor shall constitute a material breach of this Agreement within the meaning of article 9.
3.5. Unless expressly agreed otherwise between the Parties, each sale of Products by the Manufacturer to the Distributor is subject to the Manufacturer’s general terms and conditions in force at the time. The general terms and conditions of sale currently in force are set forth in Annex V. The Manufacturer retains the right to amend its general terms and conditions of sale at any time. New or amended general terms and conditions shall be applicable as of the 30th day following their communication to the Distributor5.
3.6. The Manufacturer reserves the right at any time to change, reduce or expand the list, range or portfolio [or branding] of Products and/or to replace previous versions of a Product with a newer version of the same Product, upon communication of this information to the Distributor, without the creation of any rights on the part of the Distributor or any liability on the part of the Manufacturer. While the Distributor automatically becomes the distributor, under the same terms and conditions, for any new version of a Product that replaces an existing Product, it does not become the distributor of a new product added by the Man...
Purchase of the Products. 6.1 During the term of this Agreement, SAMARITAN shall provide MOLTENI, on a quarterly basis, with a written 18 (eighteen) month rolling forecast, setting forth SAMARITAN'S estimated quantities of the Products to be purchased by SAMARITAN during the following 18 (eighteen) months. The first of such forecasts shall be submitted to MOLTENI at least 5 (five) months before the estimated date of launch of the Products.
6.2 SAMARITAN shall provide MOLTENI with written purchase orders for the Products at least 90 (ninety) days before the requested delivery date. No order for the Products shall be binding on MOLTENI unless MOLTENI accepts it in writing. All purchase orders provided by SAMARITAN to MOLTENI shall set forth for each and all Products, among other things, (i) quantity, (ii) price, and (iii) requested delivery date. MOLTENI will use reasonable commercial endeavour to accept and fulfill orders for the Product placed by SAMARITAN.
6.3 Every 3 (three) months during the term of this Agreement, SAMARITAN shall send to MOLTENI a detailed statement of the Products sold in the period, by the end of the following month. This statement will show the different presentation of the Products sold, using the latest data available and/or any other market information available to SAMARITAN (including IMS data).
Purchase of the Products. A. BOA agrees to sell the Products to Dealer, which agrees to purchase the Products from BOA in accordance with the terms and conditions set forth herein. BOA reserves the right to change any terms or conditions relating to purchase and sale of the Products, including but not by way of limitation, price and payment terms, at any time.
B. All orders from Dealer are subject to acceptance by BOA at its principal office in Mount Prospect, Illinois, or wherever subsequently relocated. BOA shall have the right to cancel any orders placed by Dealer or refuse or delay the shipment thereof if Dealer shall fail to keep its account current or to meet payment schedules or other credit or financial requirements established by BOA, or, if in BOA's sole opinion Dealer's credit shall become impaired, or Dealer has otherwise violated the terms and conditions of this Agreement or the Lease Documents. BOA expressly reserves the right to change credit or financial requirements for dealers at any time. The cancellation of such orders or the withholding of shipments by BOA shall not be construed as termination or breach of this Agreement by BOA. BOA will otherwise use its best reasonable efforts to make deliveries within a reasonable time in accordance with orders accepted from Dealer, but it shall not be liable to Dealer for any damages, consequential or otherwise, for any error in the filling of orders, or for failure to deliver or delay in delivery. In the event of BOA's inability to supply the total demands made by its dealers for the Products, for any reason, BOA shall have the right to apportion the available Products among any or all of its dealers in such manner and make delivery at such times as it may deem appropriate.
C. The Products shall be sold to Dealer at prices and terms established by BOA and in effect at the time of acceptance of each of Dealer's orders. BOA shall have the right to reduce or increase prices to Dealer at any time without notice to Dealer. When a new price schedule is issued by BOA, it shall automatically supersede all prior schedules on and after its effective date.
D. Prices of the Products shall not include taxes of any nature, however denominated, and Dealer shall pay such taxes in full when invoiced by BOA or, in lieu thereof, shall provide BOA with tax exemption certificates acceptable to appropriate taxing authorities.
E. In the event of a decrease in published current dealer prices (except as described hereinafter in this Section), Deal...
Purchase of the Products. Primus will have the Products contract-manufactured, and purchase them for a price (“COGS”) which shall be made known to CollaGenex. Primus shall use its reasonable efforts to reduce the COGS on an ongoing basis.
Purchase of the Products. Upon payment by Purchaser, Avere agrees to sell to Purchaser the hardware products listed in the Quote (“Hardware”) and license to Purchaser the software embedded in, integrated with or otherwise supplied with the Hardware (“Software”) (such Hardware and Software, collectively the “Products”). The Software is licensed and not sold to Purchaser, and Purchaser’s use thereof is subject to the software end user software license agreement attached hereto asExhibit A.
Purchase of the Products
