ORDERING AND DELIVERY. An Order will be binding on both parties when signed by authorized representatives of Licensee. Each Order shall include the following information: (a) the Software licensed or to which Support and Maintenance shall apply, and (b) the applicable fees. No additional or different terms in any purchase order or similar document shall modify the terms of this Agreement. For purposes of this Agreement, initial delivery of the Software and Documentation will be deemed to have occurred upon MyECheck providing Licensee with a password to access a web page from which Licensee may download the Software and Documentation. The Software will be deemed accepted upon initial delivery, subject to the warranties in Section 9.
ORDERING AND DELIVERY. 2.1 Buyer shall be eligible to place Orders, Blanket Orders, or Releases for the Hardware and/or Services, for delivery or performance in the Territory, with the benefits of and subject to the terms and conditions contained in this Agreement. An Order, Blanket Order or Release submitted pursuant to the terms and conditions of this Agreement, and which Nortel has accepted within five (5) days of receipt of such Order, Blanket Order or Release, shall constitute a contract between Nortel and Purchaser, failing such acceptance, any such Order, Blanket Order or Release shall be deemed to be void. Purchaser may use the Hardware itself in the Territory or use the Hardware to provide services to others in the Territory. Purchaser acknowledges and agrees that in no circumstances shall this Agreement restrict Nortel from selling, leasing or otherwise transferring Hardware, excluding Purchaser Specifications, or hardware incorporating purchaser designs/intellectual property, to any other Person. [***] Should the terms of any Order, Blanket Order or Release conflict with the terms of this Agreement, the terms of this Agreement shall govern unless the parties expressly agree in writing to the contrary. Notwithstanding that an Order, Blanket Order or Release does not refer to this Agreement, any Order, Blanket Order or Release issued by Purchaser during the Term shall be deemed to have been issued pursuant to this Agreement unless the Parties expressly agree to the contrary.
2.2 Purchaser shall issue an Order to Nortel on the third Working Day of each week in respect of the subsequent thirteen (13) week period. An Order shall set forth a description of the following: (a) Hardware and quantity; (b) price (in accordance with the current Price Schedule); (c) Delivery Location; (d) the location where the invoice shall be rendered for payment; (e) method of shipment; (f) quantity; and (g) Delivery Date and/or Shipping Date. An Order or a Release shall not be issued for less than the Minimum Order Amount or for more than the Maximum Order Amount unless the Parties expressly agree to a larger or smaller amount. All shipping documents shall reference the number of the Order issued for the Hardware contained in the shipment. [***] Certain information on this page has been omitted and filed separately with the Commission. Confidential treatment requested has been requested with respect to the omitted portions.
2.3 Purchaser agrees to issue Orders for a minimum of one thousand waf...
ORDERING AND DELIVERY. Licenses to Software may be purchased from BlackBerry directly or from an Authorized Reseller. In each case, upon BlackBerry’s acceptance of the Order, BlackBerry (directly or indirectly through its Authorized Reseller) will deliver a License Certificate, identifying the license type (the license class and licensing model relevant to the license that Customer has obtained), the Software licensed, the relevant License Term, and the License Keys for the Software which may be used by Customer Developers to access the Software.
ORDERING AND DELIVERY. 1.1 An Order Form for Equipment and/or Services is binding when we have accepted it by giving you written confirmation or, if we don’t provide you with written confirmation, when we connect the Services or commence implementation of the Order Form.
1.2 Any dates we give you are estimates only and time is not of the essence in relation to such dates.
1.3 We will deliver applicable Equipment and SIM Cards to the Premises.
1.4 Our supply of Equipment is subject to availability.
1.5 If you commit to a minimum number of Connections and/or Sites and you do not meet that commitment, we may charge you in respect of the committed Connections and Sites.
ORDERING AND DELIVERY. If Reseller acquires Machines from its Distributor, Reseller shall advise its Distributor at the time the Machines are ordered, that Reseller will retain title for the Machines ordered.
ORDERING AND DELIVERY. 1.1 An Order Form for Equipment and/or Services is binding when we have accepted it by giving you written confirmation or, if we don’t provide you with written confirmation, when we connect the Services or commence implementation of the Order Form.
1.2 Any dates we give you are estimates only and time is not of the essence in relation to such dates.
1.3 We will deliver applicable Equipment, SIM Cards and Services to the address set out in the Order Form.
1.4 Our supply of Equipment is subject to availability.
ORDERING AND DELIVERY. (a) Seller shall provide 3PARdata with Products, on consignment, located at Seller’s Sacramento, California facility as follows:
(i) Seller will hold an incremental buffer stock of components and other materials [***].
(ii) Seller commits to [***] build forecasted products and any additional FGI/Products from the component and material buffer stock referred to in Section 8(a)(i) above.
(iii) Buffer Stock: [***], Seller shall treat all 3PARdata forecasts as being uncommitted and non binding and will not hold 3PARdata liable or responsible for any unordered Products held on consignment (i.e. unconsumed inventory) [***]. The process of managing the level, consumption and liability of such buffer stocks shall be reviewed and mutually revised and agreed to [***].
(b) 3PARdata shall provide Seller with a three (3) month rolling committed forecast and an additional three (3) month uncommitted forecast.
(c) 3PARdata shall provide Seller with monthly purchase orders for the following three (3) months. At the beginning of each quarter, 3PARdata shall provide Seller with a Quarterly forecast by email. At the end of each calendar month 3PARdata shall issue a PO to cover the following 3rd month. 3PARdata shall have complete ordering flexibility beyond such three (3) months. *** Certain information on this page has been omitted and filed separately with the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
(d) 3PARdata shall use its standard purchase order form and shall specify the Product in question, quantity of Product desired, the locations to which the Product is to be delivered, and the date or dates desired for delivery of the ordered Product to such locations.
(e) Provided the Products so ordered are within 3PARdata’s committed forecast and within the amounts and lead-times provided for in Section (a), Seller shall deliver such Products [***] after 3PARdata’s order if sent by email (“Agreed Delivery Date”). If 3PARdata requires Products for Customer specific orders, 3PARdata shall provide Seller with a “Release Order” by fax or email indicating all required material, ship to information, ship method, etc. If the Products ordered fall outside the parameters of the first sentence of this Section, then Seller shall propose alternative delivery date(s). If accepted by 3PARdata, the alternative delivery date(s) shall become Agreed Delivery Date(s). Seller shall notify 3PARdata within twenty-four (24) ...
ORDERING AND DELIVERY. 3.1 This Master Agreement does not entitle Client’s Affiliates to directly purchase any ConnectWise Offering from ConnectWise, unless such Affiliate enters into a participation agreement with ConnectWise to adopt and adhere to the terms for this Master Agreement and applicable Addendums.
3.2 Any terms that may appear on a Client’s purchase order shall not apply to the Agreement and shall be deemed null and void.
3.3 Where delivery is required, the ConnectWise Offering will be delivered by electronic delivery (ESD) from ConnectWise’s shipping point. To the extent that the ConnectWise Offering involves ConnectWise Software, and if the ConnectWise Software is delivered by ESD, the obligation to deliver the ConnectWise Software shall be complete upon transmission of such software electronically to Client. At that time and place, all risk of loss of the copy of the ConnectWise Software shall pass to Client. ConnectWise agrees to be responsible for all customs duties and clearances and title to any ConnectWise hardware if included will pass upon point of delivery to carrier at ConnectWise’s shipping location. Client agrees that its purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by ConnectWise regarding future functionality or features.
ORDERING AND DELIVERY. 3.1 Under the terms of this Agreement, Customer and any Customer Affiliate incorporated in the same jurisdiction as Customer, may purchase directly from CA or through a CA Partner, and CA shall provide the specific CA Offering subject to the terms of the applicable Module. All Customer Affiliates incorporated in a different jurisdiction than Customer, must sign a participation agreement with CA to adopt and adhere to the terms of this Agreement.
3.2 The CA Offerings, (and any hardware components if included within your Transaction Document), will be delivered either in tangible media FCA SD (FCA Shipping Dock), as defined in INCOTERMS 2010, from CA’s shipping point as indicated in the Transaction Document or by electronic delivery (ESD). Customer agrees to be responsible for all customs, duties, import clearances, title, and risk of loss to any CA hardware, if included, will pass upon point of delivery to Customer’s carrier at CA’s shipping location. For non US customers, title to the hardware product transfers when the product leaves the national territory of the US.
3.3 In the event of a payment or set off issue relating to one CA Offering, such payment issue shall not impact any other obligation to pay for any CA Offering provided to Customer.
ORDERING AND DELIVERY. 4.1 Shipments of products shall only be made against written purchase orders issued by Distributor and which reference this Agreement. At a minimum, each purchase order shall specify the following items: (a) the quantity of product ordered; (b) the price of each product and any additional charges and costs; (c) the billing address, the destination to which the products will be delivered, and the requested delivery date; and (d) the signature of Distributor’s employee or agent who possesses the authority to place such an order.
4.2 All orders are subject to acceptance and assignment of delivery schedules in accordance with product availability. Neither Party shall have liability whatsoever for non-acceptance of, or failure or delay in filling any Distributor orders due to legitimate business considerations or acts or circumstances beyond its control, including without limitation, product shortages, production and delivery constraints, or government actions and acts of God. In no event shall any order be binding on XXXX or HBIO until the Parties are in agreement as to the items ordered, pricing, delivery dates, and all other material terms. Each Party shall use reasonable efforts to meet agreed-upon projected delivery dates for the products.
4.3 No purchase order, acknowledgment form, or other document or communication from either Party shall vary or supplement the terms and conditions of this Agreement. This Agreement may only be amended as provided in Section 14.11
