Purchase Orders Forecasts. On a quarterly basis, or on a more frequent basis as the parties may mutually agree, Customer will provide Flextronics with updated Purchase Orders and Forecasts for the Products so as to maintain a minimum of rolling [*] months of Forecast coverage at all times, which shall include the following:
(a) Purchase Order(s) for Customer’s Product requirements for the applicable quarter in the form of either: (i) individual Purchase Orders covering such period (each, an “Individual Purchase Order”); or (ii) a blanket Purchase Order (each, a “Blanket Purchase Order”) covering such period, which will also be incorporated into the monthly Product requirements set forth in the Forecast, and under which Customer may issue release orders (each, a “Release Order”) from time to time whereby Customer will identify the specific number of Products and delivery dates therein. Except where otherwise specifically identified herein, the term “Purchase Order” refers to, and includes, Individual Purchase Orders, Blanket Purchase Orders, Release Orders and Risk Buys. If during any quarter the Forecast is adjusted such that the accepted Purchase Order(s) do not cover the Product requirements set forth for such quarter in the Forecast, then Customer shall adjust the Purchase Order(s) to cover such amounts. Customer may approve additional purchases of Materials to cover the difference between the Forecast and the accepted Purchase Orders, or for any other approved reasons, in additional written acknowledgements to Flextronics (each, a “Risk Buy”).
(b) A rolling forecast (each, a “Forecast”) of Customer’s intended purchases of Products for the subsequent [*] month period. Customer will use reasonable efforts to ensure that each Forecast is accurate; provided, however, the parties acknowledge and agree that each such Forecast is a good faith estimate of Customer’s anticipated Product requirements over the applicable period based on information then available to Customer. Customer’s liability with respect to any Purchase Order and any Forecast shall be as specifically set forth in Sections 4.2, 5.4 and 6.
Purchase Orders Forecasts. With respect to the Materials, Mentor shall deliver to SiTech at least one (1) full calendar quarter prior to the month in which the First Sale (the "Initial Month") is projected to occur, (i) Mentor's rolling non-binding forecast for the twelve (12) month period commencing with the first calendar day of the Initial Month, and (ii) with respect to Mentor's first purchase order of Materials, a written purchase order and Delivery Dates for the initial sixty (60) day period commencing with the Initial Month. Thereafter, commencing with the Initial Month, Mentor shall deliver to SiTech on a monthly basis, or at intervals Mentor and SiTech may otherwise mutually agree upon, but in no event longer than ninety (90) days, a binding forecast update of its quantity requirements for such Materials for the ensuing sixty day period. Each written purchase order shall specify the Delivery Date and shall include a reference to this Agreement. SiTech shall acknowledge in writing within three (3) business days after receipt of any written purchase orders submitted by Mentor (i) its receipt of such purchase order and (ii) its ability to inability to fulfill such sixty (60) day forecasts. The terms and conditions of this Agreement will control over any terms contained in any Mentor written purchase order, written acceptance or acknowledgement by SiTech, invoice or any other document that is not clearly an amendment to this Agreement signed by both parties.
Purchase Orders Forecasts. From time to time, NxStage shall submit binding Purchase Orders for Products not less than [**] days prior to the first requested Shipping Date for such Products. The Purchase Orders shall be made by NxStage in writing and sent via fax, email, personal delivery or courier to PiSA. PiSA shall confirm receipt in a term of [**] working days following receipt of the same. NxStage shall also provide to PiSA on a monthly basis a rolling forecast of its expected Product purchase requirements from PiSA for the succeeding [**] month period, the first [**] months of which shall be binding with firm Purchase Orders. Each Purchase Order shall specify the Product name, Product number and quantities of each of the Products to be purchased, the desired Shipping Dates and shipping instructions. PiSA shall accept all Purchase Orders that are in line with the Minimum Purchase Commitment (as defined below) assuming the annual Minimum Purchase Commitment is spread equally on a monthly basis) and shall manufacture and supply the Products corresponding to the quantities and Shipping Dates set forth in such Purchase Orders. PiSA shall use commercially reasonable efforts to accept and satisfy all orders that exceed NxStage’s Minimum Purchase Commitment as well as rolling forecasts and shall notify NxStage within [**] working days of receipt of any Purchase Order if PiSA is not able to satisfy such Purchase Order. Unless NxStage receives written notice from PiSA within such [**] working day period, PiSA shall be deemed to have accepted such Purchase Order placed by NxStage.
Purchase Orders Forecasts. RESCHEDULES, AND CANCELLATIONS ----------------------------------------------------------
a. Purchase Orders shall be placed a minimum of three months (3) months in advance of delivery time. At any point in time, CONCIERGE, INC. shall have a minimum of four (4) months of purchase orders placed with XeTel. Also, CONCIERGE, INC. will provide to XeTel an additional eight (8) months forecast to be updated each month. XeTel will purchase materials in accordance with the purchase order and the forecast based on the mutually agreed upon lead-time and inventory buy policy. CONCIERGE, INC. is liable for material purchased, particularly NCNR and custom/unique items, if there is a schedule reduction or cancellation. CONCIERGE, INC. is also liable for all material purchased due to minimum buy quantifies including standard tape and reel quantities.
b. In the event that CONCIERGE, INC. requests an expedited order within the three (3) month window; a fee of $2,500 will be charged to place or expedite material purchase orders in an attempt to comply with such a request. Any such request will be accompanied by a purchase order for XeTel to initiate this process. After receipt of the purchase order covering the expedite charge, XeTel will make its best effort to meet CONCIERGE, INC.'s requested delivery date and will notify CONCIERGE, INC. within ten (10) business days of its ability to meet such a requested delivery date. Such charge shall apply independent of XeTel's ability to meet the expedited delivery date.
c. CONCIERGE, INC. may reschedule deliveries on orders that are due thirty (30) days or more from the date such change notice is received by XeTel provided that:
(i) Material and manufacturing capacity permitting, reschedules are allowed according to the following: Deliveries within Order adjustments allowed 0-30 days Firm orders; no changes 31-60 days +/- 25% Order adjustment 61-90 days +/- 60% Order adjustment >90 days +/- 100%
(ii) If such reschedule of delivery represents a delay in shipment, the reschedule cannot be for more than sixty (60) days from the original delivery date and CONCIERGE, INC. agrees to provide XeTel an inventory prepayment by the fifteenth day of each month equal to the amount of on- hand inventory on the last day of each prior fiscal month, if the on-hand inventory amount exceeds the material value for orders to be produced in the subsequent month. XeTel agrees to repay CONCIERGE, INC.'s prepaid amounts by the fifteenth of the month to th...
Purchase Orders Forecasts. ABG will purchase MGB Intermediates and Bare Probes from Epoch by issuing a written purchase order identifying MGB Intermediates or Bare Probes to be purchased, the quantity, price, shipping instructions, delivery dates, and any other special information. To the extent the terms of any such purchase order differ from or conflict with the terms of this Agreement, the terms of this Agreement will govern. Within thirty (30) days of the date hereof and prior to the end of each calendar month thereafter, ABG will submit a six-month rolling forecast of estimated MGB Intermediate and Bare Probe requirements. The forecast for the first 13 (13) weeks of the forecast will constitute a binding purchase order and the balance of such ABG’s forecast will be non-binding.
Purchase Orders Forecasts. (a) Purchaser will submit written purchase orders evidencing its commitment to purchase Products prior to each scheduled shipment date set forth in Schedule 1. Purchase orders will specify the particular quantity of each Product type to be shipped. Purchase orders must be received at least sixty (60) days prior to the monthly period in which shipment is scheduled according to Schedule 1.
(b) Purchase orders may be submitted by Purchaser or by its Affiliates acting on Purchaser's behalf and in its name. If Purchaser requests delivery of shipments to a location other than Regensburg, Germany, the personnel at such location shall be regarded as authorized to act on Purchaser's behalf with respect to scheduling and acceptance of shipments and other matters relating thereto.
(c) The terms and conditions of this Agreement shall govern the purchase of Products under this Agreement notwithstanding any contrary provisions of any purchase order, order acknowledgment or other similar document issued by either party. Purchase orders issued under this Agreement are intended as an administrative convenience and, in the case of InGaN LEDs, to specify the selection of such Products, but the obligation to purchase Products under this Agreement is not conditioned upon issuance of a purchase order.
(d) Together with each purchase order, Purchaser shall furnish Seller a nonbinding forecast of the mix of Products expected to be to ordered for delivery during the three months following the period covered by the purchase order.
(e) Seller will, within ten (10) days after receipt of a purchase order submitted in accordance with the foregoing, issue a written order acknowledgment advising Purchaser of the scheduled shipment date(s) for the quantities ordered.
Purchase Orders Forecasts. 4.1 Forecast. On or before the [ * ] ([ * ]) day of each calendar month, at minimum beginning approximately [ * ] ([ * ]) months prior to the Commencement Date, and continuing for [ * ] ([ * ]) months following Launch, Client shall furnish to Catalent on a [ * ] basis a written [ * ] ([ * ]) month rolling forecast of the quantities of Product that Client intends to order from Catalent (“Rolling Forecast”); provided however that beginning on the [ * ] following [ * ] ([ * ]) months post-Launch, Client shall furnish the Rolling Forecasts on a [ * ] basis. The Rolling Forecast (subject to Client’s right to adjust the quantities of Product forecasted upward or downward by [ * ] ([ * ]) Product lots with respect to the last [ * ] ([ * ]) months of the Rolling Forecast) shall constitute a binding order for the quantities of Product specified therein (“Firm Commitment”). Prior to the time when Client is obligated to deliver the first official Rolling Forecast pursuant to this Section 4.1, Client may deliver to Catalent from time to time and solely for informational purposes non-binding preliminary [ * ] ([ * ]) month forecasts for the Product (“Preliminary Forecast”). Upon receipt of a Preliminary Forecast, Catalent shall promptly notify Client whether Catalent is able to meet Client’s requirements for Products forecasted in such Preliminary Forecast. For any Preliminary Forecast which Catalent has indicated that it is able to meet Client’s Product requirements forecasted therein, Client shall have the right to designate such Preliminary Forecast as the official initial Rolling Forecast for purposes of this Agreement.
Purchase Orders Forecasts. The Customer authorizes Lasi to schedule production, purchase materials, including long lead-time items and unique components, to fulfil purchase orders, forecasts and, if applicable, upside requirements, based on material lead times, supplier minimum requirements and economic order quantities.
Purchase Orders Forecasts. Buyer Purchasing Parties shall issue Purchase Orders to Seller in written or electronic form via e-mail or US mail. From time-to-time, Buyer Purchasing Parties may also issue Releases to Seller. For the avoidance of doubt, Buyer Purchasing Parties shall only be obligated to purchase from Seller, and Seller shall be obligated to sell to Buyer Purchasing Parties, the quantities of Licensed Products in a Purchase Order (including any related Release). Buyer Purchasing Parties will confer with Seller on forecasts and projections of its planned purchases of Licensed Products at least six (6) months in advance and will provide Purchase Orders for the Licensed Products at least 120 days in advance of Buyer Purchasing Parties’ required Delivery Date. Any such forecasts shall be within Seller’s then-current manufacturing capabilities, projections of which shall be provided to Buyer on a periodic basis throughout the Term as such capabilities change.
Purchase Orders Forecasts. Buyer will issue a purchase order for the initial Term, with specific release schedules for the first three (3) months and with sufficient time to permit AEI to obtain the long lead-time components. Thereafter, Buyer will maintain a three (3) month window of release schedules and will provide a rolling twelve (12) month forecast, which will include the three (3) months firm release. Buyer's purchase orders ("Orders") must be in writing and with the following information: (I) identification of the Products by quantity, model number, revision and description; (II) shipment instructions, including requested shipment date, and (III) price. All orders must incorporate by reference the terms and conditions of this Agreement. The terms and conditions of this Agreement shall supersede all terms and conditions contained in Buyer's purchase orders. All requirements shall be scheduled per the Order, and all scheduled dates shall be regarded as dates of shipment from AEI's facilities. AEI will utilize the forecast to secure long lead-time components (i.e. components that exceed 8 weeks lead-time.) on behalf of the Buyer. AEI will only procure material based on the available lead time plus the manufacturing offset time.
