SALE OF THE PRODUCTS Sample Clauses

SALE OF THE PRODUCTS. 2.1 The Agreement to sell the Products to You shall be created by the acceptance by us of Your Bid, such acceptance being by electronic mail. The Agreement will constitute a valid contract for sale, which will be subject to these terms and conditions, together with the remaining Lot Information and Conditions and such other terms and conditions as We may agree between us. In the event that We are unable, for whatever reason, to send such acceptance by electronic mail, acceptance shall be sent by first class recorded delivery post to the address stated in your profile section of the Website. 2.2 Pursuant to the Agreement, We shall sell and You shall purchase the Total Quantity. 2.3 Neither party will be deemed to be in breach of their obligations where the amount of Products made available, purchased or uplifted is within plus or minus 10% of the Total Quantity. 2.4 Parties may from time to time agree to the sale of additional products, which unless otherwise agreed in writing, shall be subject to these Terms and Conditions

SALE OF THE PRODUCTS. 2.1 Pursuant to and subject to the terms and conditions of this Agreement the Commission shall sell and the Purchaser shall purchase the Total Estimated Volume, with effect that in each Period the Commission shall sell and the Purchaser shall purchase the Quantity for the relevant Period. 2.2 Neither party will be deemed to be in breach of Clause 2.1 where the amount of Products made available or taken in each and every Period is within plus or minus 10% of the Quantity for the relevant Period. 2.3 If the Commission should make available or the Purchaser should take from the Commission in any Period less than the Minimum Quantity for the relevant Period then the provisions of Clause 2.4 shall apply. 2.4.1 In the Period ending with the Expiry Date then the party not responsible for the Shortfall shall have the right to change the Expiry Date in accordance with Clause 6.1.3, or to invoke either Clause 3.10, 3.11 or Clauses 6.6 and 6.7 (which ever is the relevant clause/s), or to hold the responsible party to be in breach of this Agreement. If Clause 6.1.3 is invoked the price to be paid for the Shortfall shall be determined in accordance with Clause 7.8 hereof. 2.4.2 For any other Period of this Agreement the party not responsible for the Shortfall shall have the right to require that the Shortfall shall be made up in the following Period, and the price to be paid for the Shortfall made up in a succeeding Period shall be determined in accordance with Clause 7.9 hereof, or to invoke either Clause 3.10 or 3.11 (which ever is the relevant clause). 2.5 The Quantity, the proportions of different species and the range of tree sizes within the Quantity will be approximately the same for each Period unless otherwise agreed. 2.6 Within 1 month after the end of each Period the parties shall record in writing the amount of Products made available and taken in that Period. If the parties fail to agree on what amount was so made available and/or taken, either party may refer the matter to the Inspector in accordance with Clause 11.1, who shall, within two months after the end of the said Period, prepare a report showing the total amount of the Products which the Commission has made available and/or the Purchaser has taken in that Period.

SALE OF THE PRODUCTS. 2.1 Subject to Clause 3.5, during the Term and subject to the provisions of this Agreement, the Supplier shall sell and the Customer shall buy such quantities of the Products as may be ordered by the Customer from time to time. 2.2 This Agreement shall apply to all future arrangements between the parties for the Supplier to supply and the Customer to buy goods unless the parties agree otherwise in writing.

SALE OF THE PRODUCTS. 2.1 During the Initial Term and subject to the provisions of this agreement, the Supplier shall sell and the Customer shall buy such quantities of the Products as are specified in Schedule 3. 2.2 This agreement shall apply to all future arrangements between the Parties for the Supplier to supply and the Customer to buy the Products unless the Parties agree otherwise in writing. 2.3 With the Customer’s written consent, not to be unreasonably withheld or delayed, the Supplier may, immediately on giving written notice to the Customer elect to alter the Specification of any of the Products, provided that the alteration does not materially adversely affect the performance, quality or value of the Products.

SALE OF THE PRODUCTS. 2.1 During the continuance of this Agreement, the Sellers shall be a core supplier of ASAT for the Products, meaning that ASAT will provide Sellers with a right to bid for all Products required by ASAT. ASAT shall purchase and the Seller shall sell such quantities of the Products as may be ordered and confirmed by the Seller from time to time under Clause 2.3, subject to the terms and conditions of this Agreement. 2.2 Upon receiving written orders from ASAT which shall specify the quantities, the type of Products and the price (the “Written Orders”), the Seller shall confirm in writing by the next Business Day following receipt of the Written Orders as to whether they accept the orders placed by ASAT (the “Written Confirmation”). The Written Orders will call for delivery as required. Sellers will accept all Written Orders within the forecast in Clause 4.1 and which call for delivery at least 15 days from the date of the Written Order, for which Safety Inventory listed on Attachment A (as defined in Clause 4.1.2) is available to fill such Written Orders. Sellers will use commercially reasonable efforts to accept Written Orders in excess or forecasts or calling for delivery in fewer than 15 days from the date of the Written Order. Notwithstanding any provision herein to the contrary, ASAT will have no obligation to place any Written Orders with Sellers, and ASAT will have no commitment to purchase Products except pursuant to a Written Order that has been accepted by Sellers.

SALE OF THE PRODUCTS. 2.1 Pursuant to and subject to the terms and conditions of this Agreement the Commission shall sell and the Purchaser shall purchase the Total Quantity. 2.2 Neither party will be deemed to be in breach of Clause 2.1 where the amount of Products made available or uplifted is within plus or minus 10% of the Total Quantity. 2.3 The Parties may, from time to time, agree to the sale of additional products by agreeing additional Schedules to this Agreement. Unless otherwise agreed in writing, the terms of this Agreement shall apply to such sales as if each reference to the Schedule was a reference to the newly agreed Schedule. Each schedule, together with the terms of this Agreement, shall form a separate agreement between the parties.

SALE OF THE PRODUCTS. With the conclusion of this Agreement, the Purchaser agrees to buy from DECTRIS, and DECTRIS agrees to sell tothe Purchaser, the products set out inthe Offer (the "Products"). The term "Products" shall include the x-ray detector products or any related productslisted in the Offer as well as the documentation (the "Product Documentation") and accessories set out in theOffer. and exclusive of value added tax (if any). When the Offer is quoted in a currency different than Swiss Francs (CHF) (the "Foreign Currency"), the Offer shall be subject to the condition that the ex- change rate of the Foreign Currency in relation to Swiss Francs (CHF) (the "Exchange Rate") has not experi- enced an unusual fluctuation at the expense of the Foreign Currency (the "Unusual Fluctuation") by the time the order related to the Offer has been re- ceived by DECTRIS. In case of an Unu-sual Fluctuation, the Offer shall thusbe void, unless DECTRIS has agreed tothe order in writing after receipt. An Unusual Fluctuation shall – in any case, but not only – be deemed to have occurred if the Exchange Rate has changed in the amount of at least 5% (calculations based on rates of theSwiss Exchange) at the expense of the Foreign Currency between the date of the Offer and the receipt of the order related to the Offer by DECTRIS. Prices for Products and ancillary ser- vices have to be paid according to the payment schedule set out in the offer. Prices for Products are invoiced at the latest when the products are shipped. Invoices are due within 30 days from the date of the invoice. If not agreed differently, all bank charges and fees shall be borne by the purchaser. All payments are to be made by wire transfer. For other types of payment additional charges might be applicable. Should any invoices of DECTRIS not be settled by the Purchaser within 30 days of the dates of such invoices, the Purchaser shall automatically (and without any further action from DECTRIS) be in default (Verzug). Any payments with which the Purchaser is indefault (Verzug) shall be subject to de-fault interest at a rate of 5% p.a. calculated from the original due date of the invoice. Furthermore, should the Purchaser be in default (Verzug) with anypayment, DECTRIS shall have the right to cancel this Agreement, where upon the delivery occurs according to FCA Baden-Daettwil. According to this rule DECTR must ob- tain any export license and other offi- cial authorization and carry out all cus- toms formalities necessary for ...

SALE OF THE PRODUCTS. 2.1 Pursuant to and subject to the terms and conditions of this Agreement Forestry and Land Scotland shall sell and the Purchaser shall purchase the Total Quantity. 2.2 The parties may, from time to time, agree to the sale of additional products by agreeing additional Schedules to this Agreement. Unless otherwise agreed in writing, the terms of this Agreement shall apply to such sales as if each reference to the Schedule was a reference to the newly agreed Schedule. Each schedule, together with the terms of this Agreement, shall form a separate agreement between the parties.

SALE OF THE PRODUCTS. 2.1 The Agreement to sell the Products to You shall be created by the acceptance by Us of Your Bid, such acceptance being by electronic mail. The Agreement will constitute a valid contract for sale, which will be subject to these terms and conditions, together with the remaining Lot Information and Conditions and such other terms and conditions as We may agree between Us. In the event that We are unable, for whatever reason, to send such acceptance by electronic mail, acceptance shall be sent by first class recorded delivery post to the address stated in Your user profile section of the Website;

SALE OF THE PRODUCTS. 2.1 The Agreement to sell the Products to You shall be created by the acceptance by Us of Your Bid, such acceptance being by electronic mail. The Agreement will 2.2 Pursuant to the Agreement We shall sell and You shall buy the Total Quantity. 2.3 Neither party will be deemed to be in breach of condition 2.2 where the amount of Products made available, purchased or uplifted is within plus or minus 10% of the Total Quantity. 2.4 Parties may from time to time agree to the sale of additional products, which unless otherwise agreed in writing, shall be subject to these Terms and Conditions.