Acceptance, Rejection, and Cancellation of Purchase Orders. Seller accepts a Purchase Order by confirming the order in writing or by delivering the applicable Products to Buyer, whichever occurs first. Seller may reject a Purchase Order for quantities greater than Seller’s Excess Capacity which it may do without liability or penalty, and without constituting a waiver of any of Seller’s rights or remedies under this Agreement or any Purchase Order, by providing written notice to Buyer.
Acceptance, Rejection, and Cancellation of Purchase Orders. Fastrain shall confirm to EMCORE the receipt of each Purchase Order issued hereunder and corresponding delivery date (each, a "Confirmation") within two Business Days following Fastrain's receipt thereof. Each Confirmation must reference EMCORE's Purchase Order number, confirm acceptance of the Purchase Order or, solely if permitted under this Section 3.2, advise EMCORE of Fastrain's rejection of such Purchase Order, the date of acceptance or rejection and the basis for rejection, if applicable. If Fastrain fails to issue a Confirmation within two Business Days following Fastrain's receipt thereof or otherwise commences performance under such Purchase Order, Fastrain will be deemed to have accepted the Purchase Order. EMCORE may withdraw any Purchase Order prior to Fastrain's acceptance thereof. Fastrain may reject a Purchase Order if Fastrain has sent EMCORE a Notice of termination under Section 6.5. Except as otherwise agreed in this Agreement, Fastrain may not cancel any previously accepted Purchase Order hereunder. EMCORE may only cancel a previously accepted Purchase Order (i) pursuant to the exercise of EMCORE's rights under Section 4.1 or (ii) upon mutual agreement of the Parties, provided the EMCORE shall be liable for the reasonable storage and freight costs of the forwarder due to the canceled delivery. If EMCORE cancels a purchase order for finished goods, Fastrain shall immediately stop the delivery, and any Products with aging more than forty five (45) days shall be subject to Section 7.2.3. If EMCORE cancels a purchase order for works in process, Fastrain shall immediately stop the process of manufacturing with respect to such purchase order, and any corresponding raw materials or WIP shall be subject to the terms of Section 7.2.4. EMCORE may postpone the delivery date on a Purchase Order by providing at least two Business Days advance written Notice, and, if made with less than 10 Business Days written notice, shall be liable for the reasonable storage and freight costs of the forwarder due to the delayed delivery.
Acceptance, Rejection, and Cancellation of Purchase Orders. Seller accepts a Purchase Order by confirming the order in writing by issuing to Buyer an invoice covering the Products to be delivered by Seller pursuant to the Purchase Order at the Prices (as defined below) set forth on Schedule 1. Seller may reject a Purchase Order within the time period for rejection set forth in Section 3.1 above. Seller may reject or cancel a previously accepted Purchase Order, which it may do without liability or penalty, and without constituting a waiver of any of Seller’s rights or remedies under this Agreement or any Purchase Order, by providing written notice to Buyer specifying the applicable date of rejection or cancellation (a) if any one or more of the events described under Sections 6.2(a)-(c) has occurred; or (b) pursuant to Seller’s rights under Section 5.5.
Acceptance, Rejection, and Cancellation of Purchase Orders. Seller shall confirm to the respective Buyer Purchasing Party the receipt of each Purchase Order issued hereunder (each, a “Confirmation”) within five (5) business days following Seller’s receipt thereof in written form via e-mail. Each Confirmation must reference the Purchase Order number, confirm acceptance of the Purchase Order or, solely if permitted under this Section 3.2, advise the Buyer Purchasing Party of Seller’s rejection of such Purchase Order, the date of acceptance or rejection and the basis for rejection, if applicable. Buyer Purchasing Parties may withdraw any Purchase Order prior to Seller’s acceptance thereof. Seller may only reject a Purchase Order if: (a) Seller has sent Buyer a Notice of termination under Section 6.4; (b) the applicable Purchase Order includes terms and conditions that supplement those contained in this Agreement, which Seller is unwilling to accept; (c) the applicable Purchase Order fails to conform with the terms and conditions of this Agreement; (d) the applicable Purchase Order (together with any other applicable Purchase Order) exceed the forecasts provided in accordance with Section 3.1; (e) the Purchase Order exceeds Seller’s then- current manufacturing capabilities; or (f) the requested Delivery Date is not within the lead times specified herein. Neither Party may cancel any previously accepted Purchase Order hereunder without the prior written consent of the other Party.
Acceptance, Rejection, and Cancellation of Purchase Orders. Manufacturer shall confirm to Mirion the receipt of each Purchase Order issued hereunder (each, a "Confirmation") within 3 days following Manufacturer's receipt thereof. Each Confirmation must reference Mirion's Purchase Order number, confirm acceptance of the Purchase Order or, solely if permitted under this Section 3.2, advise Mirion of Manufacturer's rejection of such Purchase Order, the date of acceptance or rejection, and the basis for rejection, if applicable. If Manufacturer fails to issue a Confirmation within the time set forth in the first sentence of this Section 3.2 or otherwise commences performance under such Purchase Order, Manufacturer will be deemed to have accepted the Purchase Order. Mirion may withdraw any Purchase Order prior to Manufacturer's acceptance thereof. Manufacturer may only reject a Purchase Order if (a) Manufacturer has sent Mirion a Notice of termination under Section 6.5 or (b) the applicable Purchase Order includes terms and conditions that supplement those contained in this Agreement or contains Delivery Dates or volumes that are materially different from the Forecast that is currently in effect, which Manufacturer is unwilling to accept. Manufacturer may not cancel any previously accepted Purchase Order hereunder. Mirion may only cancel a previously accepted Purchase Order pursuant to the exercise of Mirion's rights under Section 4.1.
Acceptance, Rejection, and Cancellation of Purchase Orders. Bio-Techne accepts a Purchase Order by confirming the order in writing or by delivering the applicable Goods to Buyer, whichever occurs first. Bio-Techne may reject a Purchase Order or cancel a previously accepted Purchase Order, which it may do without liability or penalty, and without constituting a waiver of any of Bio-Techne’s rights or remedies under this Agreement or any Purchase Order, by providing written notice to Buyer specifying the applicable date of rejection or cancellation, if any one or more of the events described under Sections 7.3(a)-(c) has occurred.
Acceptance, Rejection, and Cancellation of Purchase Orders. Seller accepts a Purchase Order by confirming the order by email or other written confirmation within five (5) Business Days of receiving the Purchase Order. Seller may reject a Purchase Order or cancel a previously accepted Purchase Order within seven (7) Business Days, which it may do without liability or penalty, and without constituting a waiver of any of Seller’s rights or remedies under this Agreement or any Purchase Order, by providing written notice to Buyer specifying the applicable date of rejection or cancellation:
Acceptance, Rejection, and Cancellation of Purchase Orders. Manufacturer accepts a Purchase Order issued hereunder by confirming the order in writing (a "Confirmation"). Manufacturer may reject a Purchase Order or cancel a previously accepted Purchase Order, which it may do without liability or penalty, and without constituting a waiver of any of Manufacturer's rights or remedies under this Agreement or any Purchase Order, by providing written notice to Buyer specifying the applicable date of rejection or cancellation:
Acceptance, Rejection, and Cancellation of Purchase Orders. Seller shall accept or reject each Purchase Order within Ten (10) Business Days of receipt thereof. Seller must not reject a Purchase Order unless the additional and/or diverging terms and conditions set out therein are demonstrably unreasonable, having taken into account the terms and conditions of the Agreement. If Seller fails to notify its acceptance or rejection within the time set forth in the first sentence of this section or otherwise commences performance under such Purchase Order, Seller will be deemed to have accepted the Purchase Order.
Acceptance, Rejection, and Cancellation of Purchase Orders. Terryberry may accept a Purchase Order by confirming the order in writing or by delivering the applicable Goods to Customer, whichever occurs first. Terryberry may reject a Purchase Order or cancel a previously accepted Purchase Order, which it may do without liability or penalty, and without constituting a waiver of any of Xxxxxxxxxx'x rights or remedies under this Manufacturing Agreement or any Purchase Order, by providing written notice to Customer specifying the applicable date of rejection or cancellation: (i) if Terryberry has terminated the Manufacturing Agreement for cause; or (ii) pursuant to Xxxxxxxxxx'x rights under the last sentence of Section 4.4.
