Examples of Indirect Products in a sentence
Monro desires to purchase Direct Products directly from ATD and engage ATD to transfer the Indirect Products to Monro, and ATD desires to sell Direct Products to Monro and transfer the Indirect Products to Monro, each on the terms and conditions of this Agreement.
With respect to any Indirect Products, so long as Monro has not cancelled the Indirect Product Purchase Order with the respective Indirect Product Supplier, ATD will fulfill any such Indirect Products made through the date of such termination.
For Direct Products or Indirect Products ordered on a real-time basis (and not subject to a Confirmed Forecast) pursuant to subsection 2.7(b), if ATD does not reject such Purchase Order or Transfer Order in writing (which may occur electronically) within 60 minutes of the issuance of such Order, such Purchase Order or Transfer Order shall be deemed accepted.
If ATD rejects a Purchase Order or a Transfer Order in whole or in part subject to a Confirmed Forecast, then the amount of Direct Products or Indirect Products subject to such rejected order shall constitute an Exception and shall not impact Monro’s compliance with the Purchase Requirement.
ATD shall have no liability for any nonconformities with respect to Indirect Products, except to the extent caused by ATD’s gross negligence or willful misconduct.
Monro’s issuance of a Purchase Order and a Transfer Order to ATD constitutes an offer by Monro to purchase Direct Products and to transfer Indirect Products, respectively.
Notwithstanding the foregoing, ATD is not responsible for any taxes, duties or tariffs associated with or levied on, Monro, Monro’s purchase of Indirect Products and/or any Monro customer’s purchase of the Products.
ATD shall deliver the Direct Products and Indirect Products pursuant to ATD’s local delivery schedule as further described in Exhibit C.
Where Monro orders Indirect Products from an Indirect Product Supplier, Monro shall designate ATD as the distribution and fulfillment partner of such Indirect Products and use commercially reasonable efforts to cause the Indirect Product Supplier to utilize ATD as Monro’s distribution and fulfillment partner.
As we continue to transition responsibility for medical devices to PHARMAC we will be increasing our focus on Indirect Products and Services (non-medical) - an area where we see significant potential to deliver value to our customers in the future.