Common use of Rolling Forecast Clause in Contracts

Rolling Forecast. Buyer will provide Seller with at least a [*] rolling non-binding forecast, updated [*]. Buyer authorizes Seller to procure long lead-time Materials consistent with Section 4J above in accordance with Buyer's forecasts and flexibility requirements. Buyer further authorizes Seller to purchase minimum buy items and reel quantities to support economic order quantities and Materials requirement planning which may exceed authorized forecasts or Purchase Orders. Seller agrees to inform Buyer of such purchases and Buyer shall have the right to pre-approve all purchases of Unique Materials ordered in excess of forecast. Some of Seller's orders to vendors and/or some Materials may be designated by vendors as non-cancelable or non-returnable. All of these actions may result in Materials procurement in excess of that required by Buyer's Purchase Orders and forecasts. Buyer hereby authorizes Seller to make such purchases as are reasonably necessary to meet Buyer's forecasts. Buyer will be liable for, and Buyer's liability with respect to the procurement of Materials will be limited to Excess and Obsolete Materials as set forth in Section 7 and Section 8 below. For the avoidance of doubt, Seller will be responsible for managing the disposition and liability of all industry standard Materials at no expense or liability to Buyer (i.e., all non-Unique Materials). In addition, Buyer may limit its liability hereunder by specifying to Seller in writing a maximum amount. If Buyer elects to specify a maximum amount Seller will purchase only to that amount and will notify Buyer of the impact to Buyer's forecast/Purchase Orders.

Appears in 3 contracts

Samples: Supply Agreement (Manufacturers Services LTD), Supply Agreement (Palm Inc), Supply Agreement (Palm Inc)

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Rolling Forecast. Buyer will provide Seller with at least a [*] rolling non-binding forecast, updated [*]. Buyer authorizes Seller to procure long lead-time Materials consistent with Section 4J above in accordance with Buyer's forecasts and flexibility requirements. Buyer further authorizes Seller to purchase minimum buy items and reel quantities to support economic order quantities and Materials requirement planning which may exceed authorized forecasts or Purchase Orders. Seller agrees to inform Buyer of such purchases and Buyer shall have the right to pre-approve approved all purchases of Unique Materials ordered in excess of forecast. Some of Seller's orders to vendors and/or some Materials may be designated by vendors as non-cancelable or non-returnable. All of these actions may result in Materials procurement in excess of that required by Buyer's Purchase Orders and forecasts. Buyer hereby authorizes Seller to make such purchases as are reasonably necessary to meet Buyer's forecasts. Buyer will be liable for, and Buyer's liability with respect to the procurement of Materials will be limited to Excess and Obsolete Materials as set forth in Section 7 and Section 8 below. For the avoidance of doubt, Seller will be responsible for managing the disposition and liability of all industry standard Materials at no expense or liability to Buyer (i.e., all non-Unique Materials). In addition, Buyer may limit its liability hereunder by specifying to Seller in writing a maximum amount. If Buyer elects to specify a maximum amount Seller will purchase only to that amount and will notify Buyer of the impact to Buyer's forecast/Purchase Orders.

Appears in 2 contracts

Samples: Supply Agreement (Manufacturers Services LTD), Supply Agreement (Manufacturers Services LTD)

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