SUPPLY OF THE PRODUCTS AND SERVICES. 4.1. Channel Partner shall submit any and all Product orders in accordance with the standard business procedures of RITTAL for placing such Product orders. RITTAL shall acknowledge all Product orders properly submitted by Channel Partner during the term of this Agreement. The acknowledgment from RITTAL of an order shall indicate acceptance of such order and the anticipated date of shipment thereof or rejection of such order. RITTAL may, in the sole discretion of RITTAL and without liability to Channel Partner, reject any order that (i) RITTAL cannot reasonably supply as requested, (ii) RITTAL believes violates the terms of this Agreement, the Commercial Terms, and/or applicable law, (iii) is not properly submitted to RITTAL in accordance with the standard business procedures of RITTAL for placing such orders, or (iv) is submitted at a time that RITTAL believes Channel Partner to be in breach of this Agreement.
4.2. Channel Partner shall, in respect to each Product order submitted to RITTAL, be responsible for:
(i) ensuring the accuracy of the order;
(ii) providing RITTAL with any and all information which is necessary in order to enable RITTAL to fulfill the order; and
(iii) to the extent the Products are being purchased by Channel Partner on behalf of a customer of Channel Partner, refraining from modifying the Products in any way so that they no longer comply with the labeling, marketing and other applicable legal requirements in the Territory.
SUPPLY OF THE PRODUCTS AND SERVICES. 2.1 Sonardyne and the Customer agree that the Products and/Services shall be supplied in accordance with this Agreement for the duration of the Hire Term.
2.2 Unless specifically stated herein, Sonardyne will not supply and is not responsible for any installation, commissioning, decommissioning or training services in relation to the Products supplied.
2.3 The different Parts of these Terms shall apply as described below:
2.3.1 Part A shall apply to the supply of Products and Services under the Agreement;
2.3.2 Part B shall only apply to the provision of Services, and shall be supplemental to the provisions of Part A.
SUPPLY OF THE PRODUCTS AND SERVICES. 3.1 The Supplier shall supply to WIC such quantities of Products and/or Services as set out in the Purchase Order in accordance with these Standard Terms and Conditions.
3.2 The Supplier shall confirm the Purchase Order to WiC in writing within two (2) days of receipt of the Purchase Order. Each party shall use the relevant Purchase Order Number assigned in all subsequent correspondence relating to the Purchase Order. For the avoidance of doubt, any terms and conditions stated in Supplier’s quotation, order confirmation or other documents shall not apply to the purchase of Products by WiC.
3.3 WiC shall not be obliged to order Products and/or Services from the Supplier and may order products and services identical or similar to the Products and/or Services from any third party.
3.4 WiC may distribute and re-sell (or authorise third party distributors, agents or representatives to distribute and re-sell) the Products. WiC may incorporate the Products in WiC’ product range and may promote the Products through WiC’ general marketing activities.
3.5 Where the Supplier provides (or is to provide) Services, the Supplier shall:
3.5.1 co-operate with WiC in all matters relating to the Services and provide all information (including documents) reasonably requested by WiC to facilitate the provision of the Services;
3.5.2 procure and maintain at its own expense all tools and equipment required to perform the Services;
3.5.3 exercise all reasonable skill, care, diligence and proper professional and technical expertise and judgement in its performance of the Services;
3.5.4 observe, and ensure that the Supplier's and its sub- contractors’ personnel observe, all health and safety rules and regulations and any other security requirements that apply at any location where the Services are provided;
3.5.5 obtain, and at all times maintain, all necessary licences, insurances and consents and comply with all relevant legislation applicable to the provision of the Services; and
3.5.6 comply with all relevant legal requirements and all applicable law.
SUPPLY OF THE PRODUCTS AND SERVICES. A) The Customer may Order from TTI from time to time such quantities of Products and Services it requires, with Orders to be in such format (whether written or otherwise) as TTI may require.
B) Whilst TTI will use its best endeavours to ensure that it is able to provide Products and Services to the Customer when required, it does not warrant or guarantee that it will be able to do so and will not be responsible for any losses alleged to have been suffered by the Customer as a result of failure to supply or delay in supplying Products or Services, regardless of the reason for the failure to supply.
C) TTI retains the absolute discretion at all times to refuse to accept any Order made by the Customer for Products or Services, including but not limited to circumstances where Products are unavailable for any reason, the Customer has failed to make payment for previous Orders or payment has been made outside payment terms or where the Customer is otherwise in breach of this Agreement.
D) Any errors made by TTI in computations, typing or otherwise of any part of the quotation, offer, invoice, delivery docket, or any other form of communication with the Customer shall be subject to correction by TTI and the Customer agrees to be bound by any such correction.
E) Products are not sold on a consignment basis unless TTI specifically agrees in writing to do so.
SUPPLY OF THE PRODUCTS AND SERVICES. 2.1 Wavefront and the Customer agree that the Products and/Services shall be supplied in accordance with this Agreement for the duration of the Hire Term.
2.2 Unless specifically stated herein, Wavefront will not supply and is not responsible for any installation, commissioning, decommissioning or training services in relation to the Products supplied.
2.3 The different Parts of these Terms shall apply as described below:
2.3.1 Part A shall apply to the supply of Products and Services under the Agreement;
2.3.2 Part B shall only apply to the provision of Services, and shall be supplemental to the provisions of Part A.
SUPPLY OF THE PRODUCTS AND SERVICES. 3.1 The Supplier shall supply to Buyer such quantities of Products and Services as set out in the Purchase Order in accordance with the Purchase Order.
3.2 The Supplier shall confirm the Purchase Order to Buyer in writing within 5 (five) days of receipt of the Purchase Order. If such confirmation has not been received by Buyer within 5 (five) days of receipt of the Purchase Order by the Supplier, or if the Purchase Order is not rejected within such timeframe, [or if the Purchaser otherwise agrees to, or does provide the Products and Services as set out in the Purchase Order] Purchase Order shall be deemed to be confirmed by the Supplier. In such circumstances the Supplier shall issue a confirmation as soon as possible after the expiry of the 5 (five) day term from the receipt of the Purchase Order. Each Party shall use the relevant Purchase Order Number assigned in all subsequent correspondence relating to the Purchase Order.
3.3 The order confirmation shall always state the Purchase Price, and the time and place of delivery. Where any of the Products to which the Purchase Order relates are dangerous goods, this shall be stated on the confirmation. However, for the avoidance of doubt, the purchase order confirmation cannot vary the terms of the Purchase Order and any statement in the confirmation or any other document issued by the Supplier to the contrary shall have no effect.
3.4 The Supplier shall at its own cost and risk maintain a reasonable stock for each of the Products to be supplied in quantities sufficient to meet Buyer’s reasonable requirements and estimated purchase orders (if any).
3.5 Buyer shall not be obliged to order Products from the Supplier and may order products identical or similar to the Products from any third party.
SUPPLY OF THE PRODUCTS AND SERVICES. 4.1 Channel Partner shall submit any and all Product orders in accordance with the standard business procedures of STM CANNA for placing such Product orders. STM CANNA shall acknowledge all Product orders properly submitted by Channel Partner during the term of this Agreement. The acknowledgment from STM CANNA of an order shall indicate acceptance of such order and the anticipated date of shipment thereof or rejection of such order. STM CANNA may, in the sole discretion of STM CANNA and without liability to Channel Partner, reject any order that (i) STM CANNA cannot reasonably supply as requested, (ii) STM CANNA believes violates the terms of this Agreement, the Commercial Terms, and/or applicable law, (iii) is not properly submitted to STM CANNA in accordance with the standard business procedures of STM CANNA for placing such orders, or (iv) is submitted at a time that STM CANNA believes Channel Partner to be in breach of this Agreement.
4.2 Channel Partner shall, in respect to each Product order submitted to STM CANNA, be responsible for:
(i) ensuring the accuracy of the order;
(ii) providing STM CANNA with any and all information which is necessary in order to enable STM CANNA to fulfill the order; and
(iii) to the extent the Products are being purchased by Channel Partner on behalf of a customer of Channel Partner, refraining from modifying the Products in any way so that they no longer comply with the labeling, marketing and other applicable legal requirements.
SUPPLY OF THE PRODUCTS AND SERVICES a) The Customer purchases the Products or Services from Partswise in accordance with the Order and the terms and conditions contained in this Agreement.
b) The Customer or the person completing the Schedule on behalf of the Customer, warrants to Partswise that they have full, unrestricted authority to enter into this Agreement and bind the Customer.
c) Partswise reserves the right to refuse any Order and/or terminate this Agreement for any reason, without penalty.
d) If requested by Partswise, prior to placing an Order, the Customer must provide Partswise with the details of three (3) trade references at Item 4 of the Schedule. Partswise reserves the right in its absolute discretion to refuse an Order or place any further restrictions or conditions on the Order as it sees fit as a result of the references or the refusal by the Customer to provide the references.
e) The Customer agrees to provide a current driver's licence to Partswise and authorises Partswise to take a photocopy of the driver's licence to better secure the performance by the Customer of its obligations contained in this Agreement. Partswise reserves the right in its absolute discretion to refuse an Order or place any further restrictions or conditions on the Order as it sees fit as a result of the refusal by the Customer to produce a driver's licence.
f) Whilst Partswise will use its best endeavours to ensure that it is able to provide Products and Services to the Customer when required, it does not warrant or guarantee that it will be able to do so and will not be responsible for any losses alleged to have been suffered by the Customer as a result of failure to supply, or delay in supplying Products and Services, regardless of the reason for the failure to supply.
g) Partswise retains an absolute discretion at all times to refuse to accept any Order made by the Customer for Products or Services.
h) Any period or date for delivery of Products or Services stated by or on behalf of Partswise shall be regarded by the Customer as an estimate only and not a contractual commitment.
SUPPLY OF THE PRODUCTS AND SERVICES a) The Customer shall Order from AliWood from time to time such quantities of Products and Services it requires, with Orders to be in such format (whether written or otherwise) as AliWood shall prescribe from time to time.
b) Prior to placing an Order, the Customer must provide AliWood with the details of three (3) trade references at Item 4 of the Schedule. AliWood reserves the right in its absolute discretion to refuse an Order or place any further restrictions or conditions on the Order as it sees fit as a result of the references or the refusal by the Customer to provide thereferences.
c) The Customer agrees to provide a current driver's licence to AliWood and authorises AliWood to take a photocopy of the driver's licence to better secure the performance by the Customer of its obligations contained in this Agreement. AliWood reserves the right in its absolute discretion to refuse an Order or place any further restrictions or conditions on the Order as it sees fit as a result of the refusal by the Customer to produce a driver's licence.
d) Whilst AliWood will use its best endeavours to ensure that it is able to provide Products and Services to the Customer when required, it does not warrant or guarantee that it will be able to do so and will not be responsible for any losses alleged to have been suffered by the Customer as a result of failure to supply ordelay in supplying Products and Services, regardless of the reason for the failure to supply.
e) AliWood retains the absolute discretion at all times to refuse to accept any Order made by the Customer for Products or Services.
f) Any period or date for delivery of Product or Services stated by or on behalf of AliWood shall be regarded by the Customer as an estimate only and not a contractual commitment.
g) The Customer acknowledges that AliWood may engage agents or subcontractors in the provision of Products and Services to the Customer.
