Sale of Products. (a) All shipments, services, sales and quotations between Axitec, LLC. (“Seller”) and the purchaser (“Purchaser”) of Products set forth herein (“Products”) shall be subject to these Terms and Conditions of Sale (these “Terms” or this “Agreement”). Purchaser acknowledges receipt hereof and accepts these Terms. ANY ADDITIONAL OR DIFFERENT TERMS OR CONDITIONS CONTAINED IN ANY RESPONSE HERETO BY PURCHASER OR IN PURCHASER’S INITIAL ORDER AND ANY ASSERTIONS BY THE SALES REPRESENTATIVE THAT ARE NOT EXPRESSLY DESCRIBED IN THESE TERMS AND CONDITIONS OF SALE OUTSIDE OF THESE EXPRESSED TERMS AND CONDITIONS ARE HEREBY REJECTED BY SELLER AND SHALL BE OF NO EFFECT NOR IN ANY CIRCUMSTANCES BINDING ON SELLER. Seller’s acceptance of any order offered by Purchaser is EXPRESSLY MADE CONDITIONAL on Purchaser’s assent to these Terms, and under no circumstances will any terms other than these Terms apply to Seller’s sale of the Products.
(b) Seller’s quotations are not binding on Seller after 10 business days of submission of quotation. Each order of Products shall be in writing and no order of Purchaser shall be binding on Seller until the earlier of (i) payment of products has occurred or payment terms have been established and shipping arrangements have been made (ii) shipment to Purchaser of Products or (iii) transmittal of a written acceptance by Seller. Seller’s failure to respond to Purchaser’s order within two (2) weeks after receipt of the order shall be considered a rejection of the order.
(c) Purchaser may cancel any order before it has become binding pursuant to subsection (b) above. Seller may cancel all accepted orders and deliveries of Products if (i) Purchaser makes an assignment for the benefit of creditors, (ii) becomes party to a voluntary or involuntary proceeding of insolvency, bankruptcy or reorganization, (iii) generally becomes unable to pay its debts as they become due, (iv) fails to remit payment to Seller in accordance with the terms hereof or under any other agreement between Seller and Purchaser, or (v) breaches any other term, provision or condition contained in these Terms.
(vi) in cases where fraud and deceit is evident in the payment of products
(d) All references in sales brochures, data sheets and offers as to specifications, price and other details of the Products are approximate and shall not be binding on the Seller unless expressly agreed to in writing. Seller may, from time to time, update and replace Products in its line. Seller reserves...
Sale of Products. Subject to these Terms and Conditions, Neuronetics hereby agrees to sell to Customer, and Customer hereby agrees to purchase from Neuronetics, all Products set forth on the Sales Order. Except for the initial Sales Order (which is included as part of this Agreement), Customer may purchase additional Products under this Agreement by submitting a sales order in the form attached as Appendix B (or by such other written, telephonic, or other ordering method approved by Neuronetics in its sole discretion) to Neuronetics. Customer orders for Products are not binding until accepted by Neuronetics in writing. Upon Neuronetics acceptance of such order, Neuronetics will generate and send Customer an order confirmation prior to or contemporaneously with delivery of the Products ordered thereunder (each an “Order Confirmation”). CUSTOMER EXPRESSLY AGREES THAT NEURONETICS’ THEN-CURRENT TERMS AND CONDITIONS OF SALE ARE EXPRESSLY INCORPORATED BY REFERENCE INTO THE ORDER CONFIRMATION. IN THE EVENT OF A CONFLICT BETWEEN THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ANY SUBSEQUENT TERMS AND CONDITIONS OF NEURONETICS, THE SUBSEQUENT TERMS AND CONDITIONS SHALL GOVERN WITH RESPECT TO THE PRODUCTS COVERED BY THE APPLICABLE ORDER CONFIRMATION. Neuronetics maintains its current terms and conditions on xxxx://xxxxxxxxx.xxx/tc and a hard copy is available to Customer upon written request therefor. Products provided under this Agreement are new unless otherwise indicated on the Sales Order. Products may, however, contain components that have previously been used and, where previously used components are used, the Neuronetics Products shall meet or exceed Neuronetics’ specifications for newly manufactured products.
Sale of Products. 11.1. All Products sold to the Customer shall remain the property of Proximus until they have been paid for in full, including all charges and taxes. In case of a deterioration of the Product, the unpaid part of the sales price shall become due immediately. For as long as the Customer has not paid the Product's sales price in full, the provisions relating to product rental shall apply.
11.2. The Products will be delivered by Proximus to the agreed place of delivery.The risks transfer to the Customer when the Product is handed to the (first) carrier (Carriage Paid To - Incoterms 2000). From then on, the Customer will be liable for all risks of the Product. Proximus will make every reasonable commercial effort to deliver the Products at the agreed time. The Customer shall take delivery of the Products within the agreed time. If the Customer does not take delivery of a Product, Proximus shall be entitled to charge for the price and any expenses linked to this failure to take delivery.
11.3. Unless the Customer sends a written objection to Proximus within five (5) working days (all days except Saturdays, Sundays and Belgian public holidays) of the delivery date of the Products, the delivered Products shall be deemed to have been definitively and irrevocably accepted including all visible defects.
11.4. Unless expressly stated otherwise in the Contractual Service Description, the Customer benefits from the warranty as offered by the manufacturer of the Product. Proximus does not provide any specific or supplementary warranty on top of the manufacturer's guarantee. This warranty only applies where the Customer uses the Product with all due diligence and under normal conditions. Proximus reserves the right to request the proof the Product is still under warranty period.
11.5. Without prejudice to Proximus duty of information, the choice of Products, the analysis of their technical characteristics and their compatibility with the Customer's environment, and their configuration, shall under all circumstances remain the sole responsibility of the Customer.
11.6. WEEE (Waste of Electrical and Electronic Equipment) is any Electrical and Electronic Equipment sold to the Customer (i) which is no longer used by the Customer, and (ii) which falls under the applicable law on waste from electrical en electronic equipment implementing the directive 2012/19/EU and any amendment hereto. WEEE from the Customer is considered to be commercial waste. These can be both “professiona...
Sale of Products. 1) The joint venture shall sell high purity graphite to domestic and international market directly.
Sale of Products. This Agreement governs all product purchases made by Motorola from Freescale. Subject to the terms of this Agreement, Freescale will sell to Motorola, and Motorola will buy from Freescale hardware, software, or a combination of hardware and software (collectively “Products”). Subject to Section 6 of Attachment A, Freescale will not be required to sell any Products that have been discontinued for manufacture or sale, or which have otherwise become unavailable, or for which the sale would cause Freescale to be in violation of pre-existing contracts or any applicable laws.
Sale of Products. (1) The Joint Venture shall formulate and, with the approval of the Board, adopt both domestic and international sales plans for the Products. The Joint Venture shall market, distribute and sell its Products according to a pricing policy approved by the Board. The Joint Venture may appoint distributors and sale agents in different regions inside or outside the PRC, subject to the general terms and conditions of such appointment.
(2) In order for the convenience of distributing, marketing and selling the Products, the Joint Venture may establish branch offices inside or outside the PRC subject to authorization by the Board and the approval by the relevant authorities.
Sale of Products. Broker-Dealer agrees that (a) offers and ---------------- sales of the Products will be made only through the use of a then current prospectus which is a part of a registration statement which is then effective under the 1933 Act (each a "Prospectus"), (b) a Prospectus relating to the Product in question will be delivered prior to, or concurrently with any sales presentation or other offer of such Product, (c) no oral or written statements will be made by or on behalf of Broker-Dealer to a prospective purchaser of a Product other than statements identical to, or based solely on information set forth in the Prospectus (d) in connection with offers and sales of the Products, Broker-Dealer will at all times comply with the Regulations and offer and sell the Products only in those jurisdictions, and in the manner in which the Products may be lawfully sold.
Sale of Products. ENZO hereby appoints, and CIL accepts appointment, subject to the conditions set forth herein, as a nonexclusive distributor for the distribution and sale of PRODUCTS to the research market subject to the conditions of this Agreement.
Sale of Products. On Thursday of each week no later than 12:00 PM Central, IP will deliver to Sylvamo an invoice for the Products delivered during the preceding week which invoice shall include, or be accompanied by, a statement showing the scale ticket numbers, the date of delivery, and the total Delivered Base Price (a “Product Invoice”).
Sale of Products. Product sales resulting from use of Alliance Technology, excluding HPC Technology and Materials Manufacturing Technology, developed under a CDP and as defined under US GAAP for revenue recognition.
