Purchase Orders and Forecasts a. Purchaser will provide to Manufacturer firm purchase orders for a minimum of sixty (60) days in advance of delivery of Products. Further, Purchaser will maintain a six month non-binding forecast by month of planned purchases of Products and will issue revisions of that forecast to Manufacturer monthly. Manufacturer will purchase materials per purchase order and forecast based on lead-time and inventory-class buy policy. Purchaser is responsible for material purchased upon Purchaser's purchase order or, with Purchaser's pre-approval, purchased upon Purchaser's non-binding forecast, in case of Purchaser requested schedule reductions or cancellations, but only for items that cannot be rescheduled or cancelled. Purchaser will maintain a minimum of sixty (60) days of Products on order at all times. Each purchase order shall become effective upon acceptance of the order by Manufacturer.
b. Purchaser may reschedule deliveries on Products under purchase orders in accordance with the following schedule: Number of days prior to the original schedule Maximum percentage of the Product quantity by which the delivery date that written notice of a change the scheduled delivery can be decreased or rescheduled OR rescheduling is received by Solectron. for later delivery without incurring cancellation charges. 00 - 60 DAYS 0% can be rescheduled. Total volume is firm. Mix changes are acceptable with thirty (30) calendar days prior written notice. Purchaser remains fully liable for all material. 61 - 90 DAYS 25% of total volume can be rescheduled, one time per purchase order, only, for a maximum reschedule of sixty (60) days from the original delivery date acknowledged by Manufacturer. Purchaser will be responsible for a one percent per month carrying charge on Manufacturer's cost of the material acquired pursuant to the original delivery date that cannot be rescheduled or cancelled. 91 - 120 DAYS 50% of total volume can be rescheduled. Purchaser will be responsible for a one percent per month carrying charge on Manufacturer's cost of the material acquired pursuant to the original delivery date that cannot be rescheduled or cancelled. 120 + DAYS 100% of total volume can be rescheduled. If a Purchaser requested reschedule represents an acceleration or increase, Manufacturer shall use commercially reasonable efforts to meet Purchaser's request. Purchaser shall be responsible for the costs reasonably and directly incurred by Manufacturer to meet Purchaser's request, subject t...
Purchase Orders and Forecasts. Within ten (10) days following the execution of this Agreement, Distributor shall provide Supplier with an initial six (6) months firm purchase order for the purchase of Products and a forecast of its Product requirements for the seventh (7th) through twelfth (12th) months thereafter divided on a monthly basis. Commencing with the fourth (4th) month of the first Contract Year and continuing thereafter, Distributor will provide Supplier, on or before the last day of each calendar month during the term of this Agreement, an additional firm purchase for Products for the third full calendar month thereafter and a revised or supplemental forecast of Product requirements for the fourth (4th) through ninth (9th) months thereafter (unless the term hereof is shorter), it being the intent that (except for the initial six months guaranteed purchase order) in general Distributor will provide three (3) months purchase orders and six (6) months forecasts on a rolling monthly basis during the term of this Agreement. Distributor’s purchase orders for a given month, in order to be conforming, must specify only delivery dates during that month. Distributor’s forecasts are non-binding, but shall be Distributor’s reasonable best estimate of its future Product requirements.
Purchase Orders and Forecasts. 10.1 During the term of this Agreement, Nevro shall issue quarterly Purchase Order(s) by the last day of each calendar quarter for Shipment Dates in the quarter two quarters in the future. By way of example, on or before December 31st Purchase Orders will be issued for Shipment Dates in the third quarter starting July 1st. Each successive quarter, Purchase Orders shall be issued for an additional quarter. The terms and conditions of this Agreement shall supersede printed terms on any Purchase Order, quotation, acknowledgement, confirmation or invoice.
10.2 CCC shall provide written Purchase Order acceptance within [***] business days of receipt of the Purchase Order.
10.3 Nevro will pay a deposit for [***] of the amount set forth in Exhibit E as CCC BOM plus the LOP for a Product times the quantity ordered on the Purchase Order to CCC as a down payment deposit to be applied against the invoice issued upon shipment of the Product to Nevro. When CCC purchases Components as set forth in Exhibit E as BOM Nevro, Nevro will pay as a deposit [***] to be applied against the invoice issued upon shipment of the Product to Nevro.
10.4 Nevro shall issue quarterly rolling monthly forecast by the last day of each calendar quarter for the 3 quarters immediately following the Purchase Order coverage period. The forecast quantities for the last two quarters of the forecast are non-binding. When a Purchase order is issued for the first quarter of the forecast, CCC will accept such Purchase Order provided that the quantities ordered may not vary up or down from such forecast quantity by more than [***] unless otherwise agreed by the Parties.
Purchase Orders and Forecasts. Company shall provide to Pacira, on a [**] basis (or on a [**] basis, if the Committee so determines) throughout that portion of the Term that begins on the Commencement Date, forecasts of units of Product estimated to be required by Company during the upcoming twelve (12) month period. The first [**] ([**]) months of each forecast specifying Company’s requirements shall serve as a firm commitment for quantities of Product (for the PACIRA & EKR CONFIDENTIAL [**]) and shall be deemed to be a “Purchase Order” for the purposes of this Agreement, and the remaining [**] ([**]) months of each forecast shall be a non-binding estimate of requirements for such period. In each Purchase Order, Company shall specify the desired Delivery Date(s) for Product to be supplied during the [**] ([**]) month period covered by such Purchase Order. Pacira shall provide Company with a written acknowledgement of each Purchase Order from Company within five (5) days of receipt of the Purchase Order from Company as set forth in Section 4.5 below.
Purchase Orders and Forecasts. Solution is delivered based on F.O.B. term, that Company must deliver the products to the loading port. Company cannot adjust the price of the product at any time during the first 3 years of the agreement, Company shall have the right, in its sole discretion, to change such prices with one hundred eighty (180) days' written notice before the execution of the updated prices for the 4th and 5th year of the agreement. New prices will apply to all shipments made after such notice period. If there are unavoidable circumstances that the price must be adjusted, then both parties can negotiate and decide on the price issue. In addition, Distributor will pay all charges, including without limitation transportation charges and insurance premiums and shall be responsible for all taxes, duties and other governmental assessments (this includes, without limitation, sales taxes, unless Distributor provides appropriate resale certificates).
Purchase Orders and Forecasts. Commencing no later than the beginning of the first calendar quarter after the Effective Date of this Restated Agreement and continuing at the beginning of each calendar quarter thereafter, XTENT shall provide a rolling forecast of the quantities of BESA’s Drug/Polymer Composite Formulation, Biolimus A9, or BESA’s Polymer Coating which XTENT intends to purchase during the following twelve (12) month period (the “Forecasts”), by month. The first six (6) months of each Forecast shall be binding on XTENT and the balance shall be for planning purposes. In addition, XTENT shall provide BESA with purchase orders for BESA’s Drug/Polymer Composite Formulation, Biolimus A9 or BESA’s Polymer Coating (the “Purchase Orders”) corresponding with at least the binding portion of each Forecast. The Purchase Orders shall specify the amount, by volume or weight, as applicable, of BESA’s Drug/Polymer Composite Formulation, Biolimus A9 or BESA’s Polymer Coating which XTENT desires to purchase from BESA and XTENT’s desired date of delivery, which in any case shall not be less than thirty (30) days after the date on which the Purchase Order is delivered to BESA unless agreed to in writing by BESA in advance. The Purchase Orders shall also include delivery dates, lead times, shipping or delivery instructions and other standard and customary terms. Each such Forecast and Purchase Order shall be subject to written acceptance by BESA, except that once the Forecast is accepted, BESA shall accept all Purchase Orders corresponding to the volume or number of grams in the binding portion of the Forecast for such months. To the extent any such Purchase Orders for any month exceed 100% of the Forecast issued ninety (90) days prior to such month, BESA shall use its commercially reasonable efforts to supply such excess quantities, but shall not be obligated to do so. Each Purchase Order and any acknowledgment thereof shall be governed by the terms of this Restated Agreement and the other provisions agreed to in writing in advance, rather than any inconsistent terms which may be set forth in the Purchase Order or acknowledgment, except for those terms specifying quantity, delivery dates, shipping or delivery instructions and other general information not inconsistent with the established terms. In the event of any shortage of capacity or material relating to BESA’s Drug/Polymer Composite Formulation, Biolimus A9 or BESA’s Polymer Coating, BESA shall allocate such resources to fill XTENT’s ord...
Purchase Orders and Forecasts. 2 3.1 Exclusion............................................... 2 3.2 Forecasts............................................... 2 3.3 Purchase orders......................................... 2 3.4 Adds, Reschedules, Cancellations........................ 2 3.5 Liabilities............................................. 2
Purchase Orders and Forecasts. 3.1 Within [***] after the Restatement Effective Date and on the [***], AADi shall provide Abraxis a [***] forecast, based on actual and planned enrollment for applicable clinical trials, showing AADi’s estimated requirement for clinical supply of Licensed Product for [***] in which each such forecast is submitted. [***] of such forecast will be non-binding on AADi, and the delivery dates for [***] are binding on AADi. Given the lead times required for manufacturing Licensed Product and Abraxis’ inability to modify the lead times, AADi acknowledges that in determining its requirements for clinical supply, AADi should consider including a [***] overage to account for any unexpected increase in the enrollment of clinical trials being conducted by AADi. Certain identified information marked with [***] has been excluded from this exhibit because it is not material and is of the type that the registrant treats as private and confidential.
3.2 Purchase orders for clinical supply of Licensed Product shall provide a minimum lead time prior to the desired delivery date, unless otherwise mutually agreed and must be consistent with the [***] forecast. The Parties will agree upon a minimum lead time for delivery, but AADi acknowledges that such lead time may be at least [***], depending on whether API or other materials must be ordered and on the then-current scheduling requirements of the facility being used to manufacture the Licensed Product. If necessary, the forecasting time periods will be modified to be consistent with the agreed upon lead time.
3.3 Each purchase order must be for the batch size quantity specified in Section 7 below (or integer multiple thereof), unless otherwise mutually agreed. Purchase orders shall be binding on the Parties as and when such orders are accepted by Abraxis; provided that Abraxis will use [***] to accept any purchase orders that do not exceed the applicable forecasted amount and are otherwise in accordance with this Agreement. With respect to any purchase order in excess of forecasted amounts or containing terms different than or in addition to those set forth in this Agreement, Abraxis shall use [***] to accommodate AADi’s requests, but the Parties shall have no obligation with respect thereto until Abraxis specifically accepts such purchase order or the Parties mutually agree to a modification of the terms of such purchase order.
Purchase Orders and Forecasts. Within sixty (60) days following the execution of this Agreement, Distributor shall provide Supplier with an initial firm purchase order for the purchase of Products during the first quarter of the Contract Year, and a forecast of its Product requirements for the second quarter of the Contract Year. Continuing thereafter, Distributor will provide Supplier, on or before the last day of each quarter of the Contract Year, an additional firm purchase order for Products for that quarter and a revised or supplemental forecast of Product requirements for
Purchase Orders and Forecasts. 5.1. XXXX shall issue biweekly shipping releases by direct computer order entry, specifying the quantities of COMPONENTS, delivery date and delivery location. Each such release will indicate an twelve
