Sales of Products. The Seller will provide the Product(s) set forth in Appendix A (attached hereto as part of this Agreement) to the Purchaser in accordance with provisions of Clause 2, Clause 3, Clause 4 and Appendix A of this Agreement, and the Purchaser shall make payment in accordance with the terms specified in this Agreement. 2.1. Both Parties agree that the Product(s) shall be sold in accordance with the following steps: (i) The Purchaser shall pay the Total Purchase Price in accordance with Appendix A of this Agreement. (ii) Upon receipt of the Total Purchase Price, The Seller will provide a payment receipt immediately to the Purchaser. (iii) The Seller will send a shipping confirmation to the Purchaser immediately upon it has delivered the Product(s) to the carrier. 2.2. Both Parties acknowledge and agree that in case of product unavailability, The Seller shall have the right to cancel the Agreement after it has signed off the Agreement, issued the payment receipt or the shipping confirmation and will provide a written notice to the Purchaser immediately, provided that The Seller shall return the Total Purchase Price to the Purchaser within 24 hours, and any losses and damages incurred due to such cancellation shall be borne by The Seller. 2.3. The Purchaser acknowledges and confirms that, subject to Clause 15, the purchase of Products is irrevocable and cannot be cancelled by the Purchaser, and that the Product(s) ordered are neither returnable nor refundable, provided that the Product(s) shall be satisfied to the reasonable requirements of the Purchaser. All sums paid by the Purchaser to The Seller shall not be subject to any abatement, set- off, claim, counterclaim, adjustment, reduction, or defense for any reason. Subject to Clauses 3.2, down payment and payment of Total Purchase Price are not refundable, save as otherwise mutually agreed by the Parties.
Appears in 1 contract
Samples: Sales and Purchase Agreement (China Xiangtai Food Co., Ltd.)
Sales of Products. The Seller Bitmain will provide the Product(s) set forth in Appendix A (attached hereto as part of this Agreement) to the Purchaser in accordance with provisions of Clause 2, Clause 3, Clause 4 4, Clause 5 and Appendix A of this Agreement, and the Purchaser shall make payment in accordance with the terms specified in this Agreement.
2.1. Both Parties agree that the Product(s) shall be sold in accordance with the following steps:
(i) The Purchaser shall place Order through Bitmain’s website or through other methods accepted by Bitmain, and such Order shall constitute an irrevocable offer to purchase specific Product(s) from Bitmain.
(ii) After receiving the Order, Bitmain will send an order receipt confirmation email to the Purchaser. The Purchaser’s Order will be valid for a period of twenty-four (24) hours after its placement, and upon expiration of such period, Bitmain will have the right to cancel the Order at its sole discretion if the Purchaser fails to pay the down payment in accordance with Appendix A of this Agreement.
(iii) The Purchaser shall pay the Total Purchase Price in accordance with Appendix A of this Agreement.
(iiiv) Upon receipt of the Total Purchase Price, The Seller Bitmain will provide a payment receipt immediately to the Purchaser.
(iiiv) The Seller Bitmain will send a shipping confirmation to the Purchaser immediately upon after it has delivered the Product(s) to the carrier, and the Order shall be deemed accepted by Bitmain upon Bitmain’s issuance of the shipping confirmation.
2.2. Both Parties acknowledge and agree that the order receipt confirmation and the payment receipt shall not constitute nor be construed as Bitmain’s acceptance of the Purchaser’s Order, but mere acknowledgement of the receipt of the Order and the Total Purchase Price.
2.3. Both Parties acknowledge and agree that in case of product unavailability, The Seller Bitmain shall have the right to cancel the Agreement Order after it has signed off issued the Agreementorder receipt confirmation, issued the payment receipt or the shipping confirmation and will provide a written notice to the Purchaser immediately, provided that The Seller shall return the Total Purchase Price to the Purchaser within 24 hours, and without any losses and damages incurred due to such cancellation shall be borne by The Sellerpenalty or liability.
2.32.4. The Purchaser acknowledges and confirms that, subject to Clause 15, that the purchase of Products Order is irrevocable and cannot be cancelled by the Purchaser, and that the Product(s) ordered are neither returnable nor refundable, provided that the Product(s) shall be satisfied to the reasonable requirements of the Purchaser. All sums paid by the Purchaser to The Seller Bitmain shall not be subject to any abatement, set- set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Subject to Clauses 3.2, down Down payment and payment of Total Purchase Price are not refundable, save as otherwise mutually agreed by the Parties.
Appears in 1 contract
Samples: Sales and Purchase Agreement (Integrated Ventures, Inc.)
Sales of Products. The Seller Bitmain will provide the Product(s) set forth in Appendix A (attached hereto as part of this Agreement) to the Purchaser in accordance with provisions of Clause 2, Clause 3, Clause 4 4, Clause 5 and Appendix A of this Agreement, and the Purchaser shall make payment in accordance with the terms specified in this Agreement.
2.1. 2.1 Both Parties agree that the Product(s) shall be sold in accordance with the following steps:
(i) The Purchaser shall place Order through Bitmain’s website or through other methods accepted by Bitmain, and such Order shall constitute an irrevocable offer to purchase specific Product(s) from Bitmain.
(ii) After receiving the Order, Bitmain will send an order receipt confirmation email to the Purchaser. The Purchaser’s Order will be valid for a period of twenty-four (24) hours after its placement, and upon expiration of such period, Bitmain will have the right to cancel the Order at its sole discretion if the Purchaser fails to pay the down payment in accordance with Appendix A of this Agreement.
(iii) The Purchaser shall pay the Total Purchase Price in accordance with Appendix A of this Agreement.
(iiiv) Upon receipt of the Total Purchase Price, The Seller Bitmain will provide a payment receipt immediately to the Purchaser.
(iiiv) The Seller Bitmain will send a shipping confirmation to the Purchaser immediately upon after it has delivered the Product(s) to the carrier, and the Order shall be deemed accepted by Bitmain upon Bitmain’s issuance of the shipping confirmation.
2.2. 2.2 Both Parties acknowledge and agree that the order receipt confirmation and the payment receipt shall not constitute nor be construed as Bitmain’s acceptance of the Purchaser’s Order, but mere acknowledgement of the receipt of the Order and the Total Purchase Price.
2.3 Both Parties acknowledge and agree that in case of product unavailability, The Seller Bitmain shall have the right to cancel the Agreement Order after it has signed off issued the Agreementorder receipt confirmation, issued the payment receipt or the shipping confirmation and will provide a written notice to the Purchaser immediately, provided that The Seller shall return the Total Purchase Price to the Purchaser within 24 hours, and without any losses and damages incurred due to such cancellation shall be borne by The Sellerpenalty or liability.
2.3. 2.4 The Purchaser acknowledges and confirms that, subject to Clause 15, that the purchase of Products Order is irrevocable and cannot be cancelled by the Purchaser, and that the Product(s) ordered are neither returnable nor refundable, provided that the Product(s) shall be satisfied to the reasonable requirements of the Purchaser. All sums paid by the Purchaser to The Seller Bitmain shall not be subject to any abatement, set- set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Subject to Clauses 3.2, down Down payment and payment of Total Purchase Price are not refundable, save as otherwise mutually agreed by the Parties.
Appears in 1 contract
Samples: Sales and Purchase Agreement (Power & Digital Infrastructure Acquisition Corp.)
Sales of Products. The Seller will provide the Product(s) set forth in Appendix A (attached hereto as part of this Agreement) to the Purchaser in accordance with provisions of Clause 2, Clause 3, Clause 4 and Appendix A of this Agreement, and the Purchaser shall make payment in accordance with the terms specified in this Agreement.
2.1. Both Parties agree that the Product(s) shall be sold in accordance with the following steps:
(i) The Purchaser shall pay the Total Purchase Price in accordance with Appendix A of this Agreement.
(ii) Upon receipt of the Total Purchase Price, The Seller will provide a payment receipt immediately to the Purchaser.
(iii) The Seller will send a shipping confirmation to the Purchaser immediately upon it has delivered the Product(s) to the carrier.
2.2. Both Parties acknowledge and agree that in case of product unavailability, The Seller shall have the right to cancel the Agreement after it has signed off the Agreement, issued the payment receipt or the shipping confirmation and will provide a written notice to the Purchaser immediately, provided that The Seller shall return the Total Purchase Price to the Purchaser within 24 hours, and any losses and damages incurred due to such cancellation shall be borne by The Seller.
2.3. The Purchaser acknowledges and confirms that, subject to Clause 15, the purchase of Products is irrevocable and cannot be cancelled by the Purchaser, and that the Product(s) ordered are neither returnable nor refundable, provided that the Product(s) shall be satisfied to the reasonable requirements of the Purchaser. All sums paid by the Purchaser to The Seller shall not be subject to any abatement, set- set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Subject to Clauses 3.2, down payment and payment of Total Purchase Price are not refundable, save as otherwise mutually agreed by the Parties.
Appears in 1 contract
Samples: Sales and Purchase Agreement (China Xiangtai Food Co., Ltd.)
Sales of Products. The Seller Bitmain will provide the Product(s) set forth in Appendix A (attached hereto as part of this Agreement) to the Purchaser in accordance with provisions of Clause 2, Clause 3, Clause 4 4, Clause 5 and Appendix A of this Agreement, and the Purchaser shall make payment in accordance with the terms specified in this Agreement.
2.1. 2.1 Both Parties agree that the Product(s) shall be sold in accordance with the following steps:
(i) The Purchaser shall place Order through Bitmain’s website or through other methods accepted by Bitmain, and such Order shall constitute an irrevocable offer to purchase specific Product(s) from Bitmain.
(ii) After receiving the Order, Xxxxxxx will send an order receipt confirmation email to the Purchaser. The Purchaser’s Order will be valid for a period of twenty-four (24) hours after its placement, and upon expiration of such period, Bitmain will have the right to cancel the Order at its sole discretion if the Purchaser fails to pay the down payment in accordance with Appendix A of this Agreement.
(iii) The Purchaser shall pay the Total Purchase Price in accordance with Appendix A of this Agreement.
(iiiv) Upon receipt of the Total Purchase Price, The Seller Bitmain will provide a payment receipt immediately to the Purchaser.
(iiiv) The Seller Bitmain will send a shipping confirmation to the Purchaser immediately upon after it has delivered the Product(s) to the carrier, and the Order shall be deemed accepted by Bitmain upon Bitmain’s issuance of the shipping confirmation.
2.2. 2.2 Both Parties acknowledge and agree that the order receipt confirmation and the payment receipt shall not constitute nor be construed as Bitmain’s acceptance of the Purchaser’s Order, but mere acknowledgement of the receipt of the Order and the Total Purchase Price.
2.3 Both Parties acknowledge and agree that in case of product unavailability, The Seller Bitmain shall have the right to cancel the Agreement Order after it has signed off issued the Agreementorder receipt confirmation, issued the payment receipt or the shipping confirmation and will provide a written notice to the Purchaser immediately, provided that The Seller shall return the Total Purchase Price to the Purchaser within 24 hours, and without any losses and damages incurred due to such cancellation shall be borne by The Sellerpenalty or liability.
2.3. 2.4 The Purchaser acknowledges and confirms that, subject to Clause 15, that the purchase of Products Order is irrevocable and cannot be cancelled by the Purchaser, and that the Product(s) ordered are neither returnable nor refundable, provided that the Product(s) shall be satisfied to the reasonable requirements of the Purchaser. All sums paid by the Purchaser to The Seller Bitmain shall not be subject to any abatement, set- set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Subject to Clauses 3.2, down Down payment and payment of Total Purchase Price are not refundable, save as otherwise mutually agreed by the Parties.
2.5 In the event of any conflict between this Agreement and terms found in Appendix A and Appendix B, the terms in Appendix A and Appendix B shall govern.
Appears in 1 contract
Sales of Products. The Seller Bitmain will provide the Product(s) set forth in Appendix A (attached hereto as part of this Agreement) to the Purchaser in accordance with provisions of Clause 2, Clause 3, Clause 4 4, Clause 5 and Appendix A of this Agreement, and the Purchaser shall make payment in accordance with the terms specified in this Agreement.
2.1. Both Parties agree that the Product(s) shall be sold in accordance with the following steps:
(i) The Purchaser shall place Order through Bitmain's website or through other methods accepted by Bitmain, and such Order shall constitute an irrevocable offer to purchase specific Product(s) from Bitmain.
(ii) After receiving the Order, Bitmain will send an order receipt confirmation email to the Purchaser. The Purchaser's Order will be valid for a period of twenty-four (24) hours after its placement, and upon expiration of such period, Bitmain will have the right to cancel the Order at its sole discretion if the Purchaser fails to pay the down payment in accordance with Appendix A of this Agreement.
(iii) The Purchaser shall pay the Total Purchase Price in accordance with Appendix A of this Agreement.
(iiiv) Upon receipt of the Total Purchase Price, The Seller Bitmain will provide a payment receipt immediately to the Purchaser.
(iiiv) The Seller Bitmain will send a shipping confirmation to the Purchaser immediately upon after it has delivered the Product(s) to the carrier, and the Order shall be deemed accepted by Bitmain upon Bitmain's issuance of the shipping confirmation.
2.2. Both Parties acknowledge and agree that the order receipt confirmation and the payment receipt shall not constitute nor be construed as Bitmain's acceptance of the Purchaser's Order, but mere acknowledgement of the receipt of the Order and the Total Purchase Price.
2.3. Both Parties acknowledge and agree that in case of product unavailability, The Seller Bitmain shall have the right to cancel the Agreement Order after it has signed off issued the Agreementorder receipt confirmation, issued the payment receipt or the shipping confirmation and will provide a written notice to the Purchaser immediately, provided that The Seller shall return the Total Purchase Price to the Purchaser within 24 hours, and without any losses and damages incurred due to such cancellation shall be borne by The Sellerpenalty or liability.
2.32.4. The Purchaser acknowledges and confirms that, subject to Clause 15, that the purchase of Products Order is irrevocable and cannot be cancelled by the Purchaser, and that the Product(s) ordered are neither returnable nor refundable, provided that the Product(s) shall be satisfied to the reasonable requirements of the Purchaser. All sums paid by the Purchaser to The Seller Bitmain shall not be subject to any abatement, set- set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Subject to Clauses 3.2, down Down payment and payment of Total Purchase Price are not refundable, save as otherwise mutually agreed by the Parties.
Appears in 1 contract
Samples: Sales and Purchase Agreement (Applied Blockchain, Inc.)
Sales of Products. The Seller will provide Bitmain shall sell the Product(s) set forth in Appendix A (attached hereto as part of this Agreement) Products to the Purchaser in accordance with provisions of Clause 2, Clause 3, Clause 4 and Appendix A of this Agreement, and the Purchaser shall purchase the Products in accordance with the terms and conditions of this Agreement and the Appendices hereto. Purchaser shall make payment for the Products sold by Bitmain in accordance with the terms specified in this Agreement, including Appendix A and Appendix B hereto, which are attached hereto and incorporated by reference into this Agreement as if set forth herein in full.
2.1. Both Upon the execution of this Agreement, both Parties agree that the Product(s) Products shall be sold pursuant to this Agreement in accordance with the following steps:
(i) 2.1.1. The Purchaser shall place the Order for the Products through the Purchaser’s account via Bitmain’s website, or through other methods accepted by Bitmain, which Order shall constitute an irrevocable offer to purchase the Products from Bitmain in accordance with this Agreement, and, after receiving the Order, Bitmain shall provide the Purchaser with an email acknowledging its receipt of the Order.
2.1.2. Within two (2) Business Days of the date of the email acknowledging Bitmain’s receipt of the Order, the Purchaser shall pay the down payment (the “Down Payment”), to Bitmain, in the amount and pursuant to the instructions as set forth on Appendix A hereto and, after receiving the Down Payment, Bitmain shall send a payment receipt confirmation email to the Purchaser.
2.1.3. Within twenty-four (24) hours of the payment of the Down Payment by the Purchaser, Bitmain shall either: (a) issue the Order Confirmation, which shall be deemed Bitmain’s acceptance of the Order; or (b) reject the Order, which shall be deemed Bitmain’s termination of this Agreement. If Bitmain rejects the Order, Bitmain shall return the Down Payment and any other amounts advanced by the Purchaser under this Agreement, without setoff or adjustment, to the Purchaser within three (3) Business Days.
2.1.4. Once Bitmain accepts the Order, the Purchaser shall pay the balance of the Total Purchase Price in accordance with the provisions of Appendix A of and Appendix B to this Agreement.
(ii) 2.1.5. Upon receipt of each installment of the Total Purchase PricePrice (which installments shall constitute a deposit on the Products to be delivered in each Batch in accordance with Appendix A and Appendix B to this Agreement), The Seller will Bitmain shall provide a payment receipt immediately to the Purchaser.
(iii) The Seller will 2.1.6. Bitmain shall ship the Products to the Purchaser in accordance with the procedure set forth on Appendix A hereto, and Bitmain shall send a shipping confirmation email to the Purchaser immediately upon after it has delivered each Batch of the Product(s) Products to the carrier.
2.2. Both Parties acknowledge and agree that Bitmain’s order receipt acknowledgement and payment receipt confirmation with respect to the Down Payment shall not constitute nor be construed as Bitmain’s acceptance of the Purchaser’s Order, but mere acknowledgement of the receipt of the Order and of the Down Payment, respectively.
2.3. Both Parties acknowledge and agree that, subject to the provisions of Appendix A hereto, in case of product Product (including any Substitute Product) unavailability, The Seller Bitmain shall have the right to cancel the Agreement Order after it has signed off issued the Order Confirmation without any penalty or liability, except with respect to return of the Down Payment and any other amounts paid by the Purchaser to Bitmain under this Agreement, issued the payment receipt or the shipping confirmation and will provide a written notice to the Purchaser immediately, provided that The Seller which shall return the Total Purchase Price then be returned to the Purchaser within 24 hours, and any losses and damages incurred due to such cancellation shall be borne by The Sellerthree (3) Business Days.
2.32.4. The Purchaser acknowledges and confirms that, subject to Clause 15, that the purchase of Products Order is irrevocable and cannot be cancelled by the Purchaser, and that the Product(s) ordered Products are neither returnable nor refundable, except as specifically provided that the Product(s) shall be satisfied to the reasonable requirements of the Purchaserherein. All sums paid by the Purchaser to The Seller Bitmain shall not be subject to any abatement, set- set-off, claim, counterclaim, adjustment, reduction, or defense for any reasonreason except as set forth in this Agreement, including Appendix A and Appendix B, as attached hereto. Subject to Clauses 3.2, down Down payment and payment of Total Purchase Price are not refundable, save as otherwise mutually agreed by the PartiesParties and as specifically set forth in this Agreement, including Appendix A and Appendix B, as attached hereto.
Appears in 1 contract
Samples: Future Sales and Purchases Agreement (Riot Blockchain, Inc.)
Sales of Products. The Seller Bitmain will provide the Product(s) set forth in Appendix A (attached hereto as part of this Agreement) to the Purchaser in accordance with provisions the terms of Clause 2, Clause 3, Clause 4 this Agreement including and Appendix A of this Agreement, and the Purchaser shall make payment in accordance with the terms specified in this Agreement and upon the timing specified in Appendix B (attached hereto as part of this Agreement).
2.1. Both Parties agree that the Product(s) shall be sold in accordance with the following steps:
(i) The Purchaser shall place Order through Bitmain’s website or through other methods accepted by Bitmain, and such Order shall constitute an irrevocable offer to purchase specific Product(s) from Bitmain.
(ii) After receiving the Order, Bitmain will send an order receipt confirmation email to the Purchaser. The Purchaser’s Order will be valid for a period of twenty-four (24) hours after its placement, and upon expiration of such period, Bitmain will have the right to cancel the Order at its sole discretion if the Purchaser fails to pay the down payment in accordance with Appendix A of this Agreement.
(iii) The Purchaser shall pay the Total Purchase Price in accordance with Appendix A of this Agreement.
(iiiv) Upon receipt of the Total Purchase Price, The Seller Bitmain will provide a payment receipt immediately to the Purchaser.
(iiiv) The Seller Bitmain will send a shipping confirmation to the Purchaser immediately upon after it has delivered the Product(s) to the carrier, and the Order shall be deemed accepted by Bitmain upon Bitmain’s issuance of the shipping confirmation.
2.2. Both Parties acknowledge and agree that the order receipt confirmation and the payment receipt shall not constitute nor be construed as Bitmain’s acceptance of the Purchaser’s Order, but mere acknowledgement of the receipt of the Order and the Total Purchase Price.
2.3. Both Parties acknowledge and agree that in case of product unavailability, The Seller Bitmain shall have the right to cancel the Agreement Order after it has signed off issued the Agreementorder receipt confirmation, issued the payment receipt or the shipping confirmation and will provide a written notice to the Purchaser immediately, provided that The Seller shall return the Total Purchase Price to the Purchaser within 24 hours, and without any losses and damages incurred due to such cancellation shall be borne by The Sellerpenalty or liability.
2.32.4. The Purchaser acknowledges and confirms that, subject to Clause 15, that the purchase of Products Order is irrevocable and cannot be cancelled by the Purchaser, and that the Product(s) ordered are neither returnable nor refundable, provided that the Product(s) shall be satisfied to the reasonable requirements of the Purchaser. All sums paid by the Purchaser to The Seller Bitmain shall not be subject to any abatement, set- set-off, claim, counterclaim, adjustment, reduction, or defense for any reason. Subject to Clauses 3.2, down Down payment and payment of Total Purchase Price are not refundable, save as otherwise mutually agreed by the Parties.
Appears in 1 contract