Acceptance of Purchase Order. Contractor’s acceptance of CCI’s Purchase Order shall be accomplished by the earlier of execution of the Purchase Order or commencement of Services or shipment of any Product specified in the Purchase Order.
Acceptance of Purchase Order. Unless otherwise required on the face of the Purchase Order, if this Purchase Order is issued in response to the Seller’s offer and contains the Seller’s most recent offered terms and is issued within the validity period, its issuance constitutes acceptance of the Seller’s offer. Seller’s signature in such case is required for administrative purposes only, however written acknowledgement and acceptance by Seller may be a requirement if listed on the Purchase Order. In the case that this Purchase Order constitutes an offer by Buyer, acceptance of this Purchase Order by Seller is expressly limited to the terms and conditions contained in this Purchase Order. Acceptance of this Purchase Order by Seller is expressly limited to the terms and conditions contained in this Purchase Order. Any term or condition stated by the Seller in any prior proposal, on Seller’s acknowledgment form, or in otherwise acknowledging or accepting this Purchase Order is deemed by Buyer to be a material alteration of this Purchase Order and is hereby rejected unless Xxxxx specifically agrees otherwise in writing. Acceptance of the Materials covered by this Purchase Order will not constitute acceptance by Buyer of Seller’s terms and conditions. Any of the following acts by Seller will constitute acceptance of this Purchase Order and all of its terms and conditions: signing and returning a copy of this Purchase Order, delivering any of the Materials ordered, commencing performance or informing the Buyer in any manner of commencement of performance, or returning Seller’s own form of acknowledgment.
Acceptance of Purchase Order. Each Purchase Order that satisfies the requirements set forth in Sections 4.3 and 4.6, and is otherwise free of errors, shall be deemed accepted by the Joint Venture Company upon receipt and shall be binding on the Parties, to the extent not inconsistent with the Operating Plan.
Acceptance of Purchase Order. If the quantity requested in a Purchase Order is equal to the quantity set forth in the current Response to Forecast for such upcoming Fiscal Quarter, Micron shall be deemed to accept such Purchase Order. If the quantity requested in such Purchase Order exceeds the quantity set forth in the current Response to Forecast for such upcoming Fiscal Quarter, Micron shall be deemed to accept a quantity under such Purchase Order that is equal to the quantity set forth in the current Response to Forecast and Micron may accept or reject any excess quantities in its sole discretion. If any Purchase Order contains any errors, Micron may accept or reject such Purchase Order, or any portions thereof, in its sole discretion.
Acceptance of Purchase Order. This Purchase Order supersedes any prior offers, negotiations, and agreements concerning the subject matter herein and constitutes the entire agreement between Buyer and Seller. This Purchase Order becomes a binding agreement, subject to the specific terms and conditions stated herein, upon the Seller’s acknowledgment, Seller’s commencement of performance, or Seller’s acceptance of payment. Unless expressly accepted in a writing signed by Xxxxx, additional or differing terms or conditions proposed by Seller or included in Seller’s acknowledgment are objected to by Buyer and have no effect.
Acceptance of Purchase Order. This Order expressly limits acceptance to the terms stated herein. Any additional or different terms proposed by Seller are objected to and rejected; however, such proposals shall not operate as a rejection of this Order, even if Seller purports to condition its acceptance of this Order on Buyer’s agreement to such additional or different terms. The manufacture or delivery of Products or the performance of Services described on the face hereof will constitute an acceptance by Seller of this Order and all terms and conditions contained herein. By manufacturing the Products or performing the Services, Seller waives any and all terms and conditions of its proposal, quotation, acknowledgment or other form which are inconsistent with the terms and conditions contained in this Order. Buyer reserves the right to reject any articles or materials not in accordance with warranties or shipped contrary to shipping instructions, and to return same at Seller’s risk and expense, with all handling and incoming and outgoing transportation charges for Seller’s account. Unless otherwise stated, Xxxxx’s count/weight will be accepted. Articles or materials returned are not to be replaced except on written instructions from Buyer. Failure to give notice of defects to Seller shall not constitute a waiver of breach of warranty or any other condition.
Acceptance of Purchase Order. A Purchase Order submitted by Distributor shall be deemed to have been accepted by, and shall be binding upon, Manufacturer when it is countersigned by Manufacturer or if it is not rejected by Manufacturer, in whole or in part, by written notice to Distributor sent within five (5) business days of its receipt by Manufacturer. Notwithstanding anything contained herein to the contrary, Manufacturer may only reject, cancel, or delay any Purchase Order placed by Distributor, whether or not such Purchase Order has been previously accepted by Manufacturer, pursuant to Section 3.B. below. In the event Manufacturer is unable to fill all of a Purchase Order for any reason, it shall promptly notify Distributor and Distributor shall have the right, in its discretion, to cancel the subject Purchase Order. Distributor may change or cancel any of its Purchase Orders without penalty so long as Distributor provides written notice to Manufacturer and the Products have not yet been shipped, or otherwise delivered to Distributor; provided, that Distributor shall pay to Manufacturer a fee of twenty-five percent (25%) of the aggregate purchase price of the Products of which manufacturing has commenced that are subject to any Purchase Order, which has been materially changed or canceled by Distributor.
Acceptance of Purchase Order. If the quantities of Probed Wafers requested in a Purchase Order is equal to the quantity set forth in the current Response to Forecast for such upcoming Fiscal Quarter, Micron shall be deemed to accept such Purchase Order. If any Purchase Order contains any errors, Micron may accept or reject such Purchase Order, or any portions thereof, in its sole discretion.
Acceptance of Purchase Order. The Suppliers, with exception of the e-VMI (= electronic Vendor Managed Inventory) Suppliers, have the obligation to acknowledge receipt of the Purchase Order within a period of 10 calendar days from the date of the receipt of the Purchase Order and they have to accept the Purchase Order by fax, e-mail or any other electronic communication tool. The Purchaser may cancel any Purchase Order not accepted within this period, without such cancellation giving any right to claim compensation. Any other terms referred to in the Purchase Order shall take precedence over these general purchase terms in the event of a conflict. No terms or conditions of the Supplier which appear on any order confirmation, invoice, delivery note or other documentation relating to the Deliverables shall form part of the Contract and the Supplier waives any rights that it might otherwise have to rely on such terms and conditions.
Acceptance of Purchase Order. A Purchase Order submitted by Sub-Distributor shall be deemed to have been accepted by, and shall be binding upon, Distributor when it is countersigned by Distributor or if it is not rejected by Distributor, in whole or in part, by written notice to Sub-Distributor sent within five (5) business days of its receipt by Distributor. Notwithstanding anything contained herein to the contrary, Distributor may only reject, cancel, or delay any Purchase Order placed by Sub-Distributor, whether or not such Purchase Order has been previously accepted by Distributor, pursuant to Section 3.B. below. In the event Distributor is unable to fill all of a Purchase Order for any reason, it shall promptly notify Sub-Distributor and Sub-Distributor shall have the right, in its discretion, to cancel the subject Purchase Order. Sub-Distributor may change or cancel any of its Purchase Orders without penalty so long as Sub-Distributor provides written notice to Distributor and the Products have not yet been shipped; provided that Sub-Distributor shall pay to Distributor a fee of twenty five percent (25%) of the aggregate purchase price of the Products that are subject to any Purchase Order which has been materially changed or canceled by Sub-Distributor.
