SALE OF MATERIALS a. Seller agrees to sell, transfer and deliver the Materials to Buyer for the purchase price set forth in the Order, subject toall of the covenants, terms and conditions hereof and any other conditions as may be included under the Order.
b. Buyer agrees to purchase the Materials, subject to all of the covenants, terms and conditions hereof, and to pay Seller the purchase price set forth in the Order. Typographical and other clerical errors in the Order are subject to correction. Buyer reserves the right at any time to modify the Order upon notice to Seller. Upon such notice, Buyer and Seller shall negotiate an equitable adjustment in price and/or time of performance. Buyer shall have the right to stop all or part of the work under the Order or cancel any future delivery of any Materials upon notice to Seller.
c. Xxxxxx agrees to obtain from Buyer an Order number for any and all Orders of goods and/or services. Xxxxxx further agrees it will clearly reference the Order number as well as the delivery note on the applicable invoice(s). Seller acknowledges that any invoice submitted to Buyer that does not clearly reference Xxxxx’s corresponding Order number may be considered invalid by Buyer and may result in delayed payment.
SALE OF MATERIALS. Subject to the terms and provisions of this Agreement and in consideration of the security interests herein granted, the Secured Party will, from time to time, but on such terms and conditions as Secured Party may specify and subject to its absolute right to refuse so to do, sell or cause any of its correspondents to sell Mitsubishi's materials or goods or services, at the request of or for the account of the Debtor.
SALE OF MATERIALS. MATERIALS SALE
2.1 During the term of this Agreement, BPS will purchase from UCAR CARBON, and UCAR CARBON will sell to BPS, all of BPS's requirements of the Materials in connection with the development and manufacture of electrically conductive fuel cell separator plates. Notwithstanding the foregoing, BPS may acquire treated graphite flakes, expanded graphite flakes and flexible graphite from sources other than UCAR CARBON, but solely for benchmarking purposes. BPS's obligations under this Section 2.1 are subject to BPS qualifying the Materials according to the quality assurance procedures as defined in BPS's quality assurance manual and UCAR CARBON being able, on a consistent basis, to meet BPS's requirements as to pricing, delivery, quality and service in respect of the Materials from time to time.
2.2 In evaluating whether or not UCAR CARBON is meeting BPS's requirements as to pricing, delivery, quality and service, BPS will utilize its Supplier Evaluation System. BPS will provide UCAR CARBON with, and train UCAR CARBON as to its then current criteria in respect of, its Supplier Evaluation System. No change to the Supplier Evaluation System will be effective as to UCAR CARBON until the parties have agreed to such change. If UCAR CARBON is unable to meet BPS's requirements as aforesaid or any agreed changes thereto within six months after being requested to do [text redacted] so for such time as UCAR CARBON remains in non-compliance and BPS may acquire the Materials from one or more alternative sources without prejudice to its rights to continue acquiring the Materials from UCAR CARBON under this Agreement. UCAR CARBON may revoke the [text redacted] granted pursuant to this Section 2.2 at such time as it becomes compliant under this section. Upon revocation of the [text redacted]
2.3 If after termination of the Exclusive Period as defined in Section 2.9 of the Collaboration Agreement, UCAR CARBON sells or supplies or offers to sell or supply to another Person a like quantity of like Materials under like circumstances at a price or on other terms that are more favourable to such Person than the price or other terms offered to BPS, UCAR CARBON will so inform BPS promptly. [text redacted] Where applicable, the parties will make such adjustments to payments or otherwise as may be necessary to fulfill the intent of this Section 2.3.
SALE OF MATERIALS. MHN agrees to sell and ECSI agrees to purchase the assets described in enclosures 1, 2 and 3 to Attachment B attached and made a part hereof for a total purchase price of $151,500 in seven lots. The first lot shall be purchased for $25,000. After the initial purchase of the first lot on the effective date of this agreement, ECSI shall purchase one lot each thirty (30) days thereafter for a purchase price of $21,083.33 per lot, with the first thirty day period beginning thirty days after the effective date of this Agreement. Fifty percent (50%) of the purchase price for each lot must be paid by cashier's or certified check delivered at the time of receipt of the lot and the balance must be paid by cashier's or certified check within 30 days of receipt of the lot. If ECSI does not pay for a lot in full during a thirty (30) day period, MHN shall have the right to increase the price of said lot by 20%, If the lot is sold to ECSI within 15 days of lot procurement date. ECSI's obligation to purchase the lots shall not be contingent on the making of any potential sales and MHN's identification of the above shall not constitute a representation or guarantee of future sales. MHN MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE ITEMS TRANSFERRED ABOVE (INCLUDING BUT NOT LIMITED TO ANY REPRESENTATION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR USE). THE ITEMS ARE TRANSFERRED TO ECSI "AS IS."
SALE OF MATERIALS. The Performer reserves the right to the exclusive sale of recordings, books, and other literature or material the Performer has available without compensation to FAMU, to the extent permissible in the FAMU venue. Any compensation to be received by FAMU in connection with the sale of articles by the Performer must be stipulated herein.
SALE OF MATERIALS. The unit prices of Material B sold by the Group and purchased by the Kelun Group shall be determined with reference to the prices of relevant comparable materials in the price lists adopted by the Company and generally applicable to all customers of the Company. The unit prices will be formulated with reference to the following factors: (i) the prices of the corresponding types of materials amongst Material B; (ii) the Company’s production costs; (iii) the volume of the purchase orders; (iv) the requested packaging requirements; and (v) any other factors affecting prices of Material B. The unit prices and other terms of the Group’s sale of Material B to the Kelun Group shall be no less favourable than those offered by the Group to other independent third-party purchasers in accordance with its price lists generally applicable to all customers. A management personnel of the Group authorised to approve such transactions will review and compare the unit prices and terms for Material B offered by the Group to the Kelun Group with those in the price lists and at least two recent transaction records of comparable materials offered by the Group to independent third-party customers in the trading database of the Group before entering into individual contracts with the Kelun Group under the Master Sale and Purchase Agreement. In the event that the unit prices and term for Material B offered by the Group to the Kelun Group are less favourable to the Group than those offered by the Group to independent third-party customers for comparable materials in the price lists and/or trading database, the Group will not enter into such transactions. The Group will at its best effort further negotiate with the Kelun Group for fair and reasonable terms in order to comply with the pricing principles of the Company.
SALE OF MATERIALS. 1.1 During the term hereof, APM shall transfer and deliver to Buyer, and Buyer shall accept and pay for the goods (“Materials”) set forth in one or more purchase orders (each, a “Purchase Order,” and collectively, “Purchase Orders”) as may be accepted by APM as provided herein. A Purchase Order that has been accepted by APM (each, a “Confirmed Purchase Order”) shall constitute a separate contract which shall be governed by the terms of the Agreement. Subject to Section 11.1 hereof, in no event shall any term or condition of Buyer, whether in writing or otherwise, become a part of, supplement or modify this Agreement under any circumstances. The Materials covered by this Agreement are solely those specifically identified in an Accepted Purchase Order.
SALE OF MATERIALS. 4.1. Supplier shall, during the Term, and subject to the terms of this Agreement, sell to IAI such quantities of Materials as described on Exhibit 1 attached hereto (the "Materials"), as IAI may order or request from time to time in accordance with the provisions of this Agreement.
4.2. IAI may purchase Material through the use of an Order containing estimated or defined delivery date for supply of Material for future requirements. IAI may cancel the unused portion of any such Order at any time, without incurring any penalty or default.
4.3. Supplier shall provide Materials in such quantities and in sizes as may be specified on the face of IAI Orders or Route Card associated with such Order. Only the Materials as cut to size and delivered to IAI, shall be charged to IAI. For the avoidance of doubt, any remaining material resulting from such an IAI order shall remain the property of the Supplier, and IAI shall not be charged for such remaining material.
4.4. Supplier shall purchase Materials from Approved Sources only. Supplier agrees to provide IAI with the Materials in accordance with the performance standards set forth in Article 21.
1. To ensure that continuous improvements are pursued, both Parties will meet to review performance and the total effectiveness of the business between the Parties on a quarterly basis. The Parties agree to conduct Program Reviews via video/telephone conference calls, in the event of international travel restrictions.
4.5. Purchase orders shall be governed only by the general terms and conditions of this Agreement in addition to the IAI's standard terms and conditions contained on IAI's Purchase Orders, attached hereto as Exhibit 5. If there is any conflict between the standard IAI terms and conditions on IAI's purchase orders, or Supplier's acknowledgements and invoices and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall govern.
4.6. Communications between the Parties, including Orders and required acceptances, shall be made through EDI, the Internet or such other system or method, as Buyer and Supplier shall mutually agree upon. Upon IAI's request, Supplier shall establish and support an Internet or other electronic/EDI based system, which will enable: (i) on line ordering transactions; (ii) invoicing and (iii) provide information regarding: Supplier's product information, outstanding Orders for Materials by Buyer and prices thereof, Materials availability, delivery status, invo...
SALE OF MATERIALS. All right, title, and interest in and to, and risk of loss with respect to, the Materials shall transfer to Onyx on receipt by BTG of the Materials Payment. BTG hereby agrees that it shall use all commercially reasonable endeavours to assign or procure that its Affiliate BTG International, Inc. uses all commercially reasonable endeavours to assign (as applicable) to Onyx all of its future rights and obligations under those contracts or arrangements for the ongoing storage of the Materials at their current locations as in existence at the Commencement Date or, where this is not possible, to use commercially reasonable endeavours to assist Onyx, at Onyx’s cost, in transferring the Materials to another location reasonably acceptable to Onyx. The contracts specifying BTG’s future rights and obligations are identified in Schedule 7. [*] = Certain confidential information contained in this document, marked by brackets, has been omitted and filed separately with the Securities and Exchange Commission pursuant to Rule 24b-2 of the Securities Exchange Act of 1934, as amended.
SALE OF MATERIALS. CDS agrees to sell, and Xxxxx agrees to purchase the materials, subject to all of the covenants, terms and conditions, and to pay CDS the purchase price set forth in the Order. The Order shall be issued by CDS in invoice form and signed by Buyer.
