Common use of Purchase Order Acceptance Clause in Contracts

Purchase Order Acceptance. BreconRidge will communicate its acceptance of any purchase order (or part thereof) issued in accordance with the terms stated herein by delivering, by any method mutually agreeable to the parties, a Sales Acknowledgement to Customer. In the case of purchase orders consistent with the Forecast, such acceptance shall be within three (3) business days, where business days are those of the applicable recipient of the purchase order, of receipt of such purchase order and, in the case of requested changes by Customer to a purchase order or for a purchase order which does not conform to the applicable Forecast, such acceptance shall be within five (5) business days, where business days are those of the applicable recipient of the purchase order, from receipt of such purchase order. Notwithstanding the foregoing, after General Availability (“GA”) of a Product, purchase orders for that Product, issued in accordance with the terms stated herein, will not require communication by BreconRidge of its acceptance. Any purchase order, issued in accordance with the terms stated herein, including a purchase order issued after GA, for which BreconRidge has not delivered a Sales Acknowledgement or a rejection within the aforementioned time period from receipt, shall be deemed to be accepted. BreconRidge may only reject a purchase order: (a) that is an amended order in accordance with Section 5.2 below because the purchase order is outside of the Flexibility Table; (b) if the Prices reflected in the purchase order are inconsistent with the parties’ agreement with respect to the Prices and can not be resolved through an agreed hold and amend process conducted by the respective program managers of the parties; or (c) if the purchase order represents a significant deviation from the Forecast for the same period, unless such deviation is within the parameters of the Flexibility Table. BreconRidge shall notify Customer of rejection of any purchase order issued in accordance with the terms stated herein within five (5) Business Days of receipt of such purchase order.

Purchase Order Acceptance. BreconRidge Flextronics will communicate convey its acceptance of any purchase order (or part thereof) issued in accordance with the terms stated herein by delivering, by any method mutually agreeable to the parties, delivering a Sales Acknowledgement to Customer. In , in the case of purchase orders consistent with the Forecast, such acceptance shall be within three (3) business days, where business days are those of the applicable recipient of the purchase order, Business Days of receipt of such purchase order and, in the case of requested changes by Customer to a purchase order or for a purchase order which does not conform to the applicable Forecast, such acceptance shall be within five (5) business days, where business days are those of the applicable recipient of the purchase order, Business Days from receipt of such purchase order. Notwithstanding the foregoing, after General Availability general availability (“GA”) of a Product, purchase orders for that Product, issued in accordance with the terms stated herein, will not require communication by BreconRidge Flextronics of its acceptance. Any purchase order, issued in accordance with the terms stated herein, including a purchase order issued after GA, for which BreconRidge Flextronics has not delivered a Sales Acknowledgement or a rejection within the aforementioned time period from receipt, shall be deemed to be accepted. BreconRidge Flextronics may only reject a purchase order: (a) that is an amended order in accordance with Section 5.2 below because the purchase order is outside of the Flexibility Table; (b) if the Prices fees reflected in the purchase order are inconsistent with the parties’ agreement with respect to the Prices fees and can not be resolved through an agreed hold and amend process conducted by the respective program managers of the partiesParties; or (c) if the purchase order represents a significant deviation from the Forecast forecast for the same period, unless such deviation is within the parameters of the Flexibility Table; or (d) if a purchase order would extend Flextronics’s liability beyond Customer’s approved credit line as determined pursuant to Section 3.10. BreconRidge Flextronics shall notify Customer of rejection of any purchase order issued in accordance with the terms stated herein within five (5) Business Days of receipt of such purchase order.

Purchase Order Acceptance. BreconRidge will communicate its The Purchase Order must be accepted in writing by Provider. If for any reason Provider should fail to accept the Purchase Order in writing, the performance by Provider of any Services, the shipment by the Provider of any Products ordered hereby, the furnishing of any Services called for in the Purchase Order or the acceptance of any purchase payment by Provider under the Purchase Order or any other conduct by Provider which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute an unqualified acceptance by Provider of the Purchase Order and all its terms and conditions. Any terms and conditions proposed in Provider’s acceptance of Xxxxxxx’s offer or in any acknowledgement, invoice, or order (form of Provider that add to, vary from, or part thereof) issued in accordance conflict with the terms stated herein are hereby objected to. If the Purchase Order has been issued by deliveringTaconic in response to an offer and if any terms herein are additional to or different from any terms of such offer or agreement from which the Purchase Order is based, the issuance of the Purchase Order by any method mutually agreeable Taconic shall constitute an acceptance of such terms herein and acknowledges that this order constitutes the entire agreement between Taconic and Provider with respect to the parties, a Sales Acknowledgement to Customer. In subject matter hereof and the case of purchase orders consistent with the Forecast, such acceptance shall be within three (3) business days, where business days are those of the applicable recipient of the purchase order, of receipt subject matter of such purchase order and, in the case of requested changes by Customer to a purchase order or for a purchase order which does not conform to the applicable Forecast, such acceptance shall be within five (5) business days, where business days are those of the applicable recipient of the purchase order, from receipt of such purchase order. Notwithstanding the foregoing, after General Availability (“GA”) of a Product, purchase orders for that Product, issued in accordance with the terms stated herein, will not require communication by BreconRidge of its acceptance. Any purchase order, issued in accordance with the terms stated herein, including a purchase order issued after GA, for which BreconRidge has not delivered a Sales Acknowledgement or a rejection within the aforementioned time period from receipt, offer and Provider shall be deemed to have so assented and acknowledged unless Provider notifies Taconic of the contrary in writing within ten (10) calendar days of receipt of the Purchase Order. Provider and Xxxxxxx agree that Purchase Orders may be accepted. BreconRidge may only reject a purchase order: issued by Xxxxxxx, and accepted by Provider, via facsimile or electronic data interchange (“EDI”) and that all Purchase Orders issued via facsimile or EDI shall (a) that is be deemed to have been (Note: EDI orders are not otherwise signed) signed by an amended order in accordance with Section 5.2 below because the purchase order is outside authorized representative of the Flexibility Table; Taconic and (b) if constitute originals. Taconic and Provider further agree not to contest the Prices reflected in validity or enforceability of an accepted facsimile Purchase Order on the purchase order are inconsistent with the parties’ agreement with respect to the Prices and can basis of it not be resolved through being an agreed hold and amend process conducted by the respective program managers of the parties; or (c) if the purchase order represents a significant deviation from the Forecast for the same period, unless such deviation is within the parameters of the Flexibility Table. BreconRidge shall notify Customer of rejection of any purchase order issued in accordance with the terms stated herein within five (5) Business Days of receipt of such purchase orderoriginal.