Direct Purchases. All purchases and return of Products from ASTI by Dealer shall be made pursuant to a written purchase order from Dealer and shall be governed by ASTI.'s price, delivery, payment and other terms then in effect. No inconsistent terms in any purchase order, acknowledgement or transmittal or confirming document shall be effective to alter the terms of this Agreement.
Direct Purchases. In lieu of performing the services set forth in Section 3(a)(2) of the Agreement, BNYM shall perform the following functions in connection with purchase orders for I-Fund Shares received directly by BNYM through means other than the networking system of the NSCC:
Direct Purchases. Direct purchases shall be charged to the Joint Account at the price paid by the Operator after deduction of all discounts received. The Operator shall make good faith efforts to take discounts offered by suppliers, but shall not be liable for failure to take discounts except to the extent such failure was the result of the Operator’s gross negligence or willful misconduct. A direct purchase shall be deemed to occur when an agreement is made between an Operator and a third party for the acquisition of Material for a specific well site or location. Material provided by the Operator under “vendor stocking programs,” where the initial use is for a Joint Property and title of the Material does not pass from the manufacturer, distributor, or agent until usage, is considered a direct purchase. If Material is found to be defective or is returned to the manufacturer, distributor, or agent for any other reason, credit shall be passed to the Joint Account within sixty (60) days after the Operator has received adjustment from the manufacturer, distributor, or agent.
Direct Purchases. For certain projects, the City may seek to make direct purchases of equipment or materials to be used by the Contractor. Pursuant to Section 212.08(6), Florida Statutes, and the Fla. Admin. Code Xxx. R. 12A-1.094 and 12A-1.038, the Parties agree to the following procedure regarding the City’s direct- purchase from vendors of certain equipment and materials to be used in specific projects:
Direct Purchases. BNYM-TI shall perform the following functions in connection with Purchase Orders received directly by BNYM-TI (i.e., through methods other than the NSCC Process):
Direct Purchases. If Products and/or Services may be obtained directly from Vendor, as noted in Exhibit B then upon receipt of an order from Purchaser, Vendor agrees to sell and deliver to Purchaser the Products and/or Services listed in the order at the prices set forth in Exhibit A (including any discounts or Rebates), subject to and in accordance with the terms and conditions stated in this Agreement. No minimum quantity or dollar amount shall apply to any order unless expressly stated in Exhibit B. If Vendor charges a Purchaser a price higher than that stated in Exhibit A, Vendor shall issue such Purchaser a refund (not a credit) in the amount of such overcharge/overpayment promptly following discovery by Vendor, or discovery by and notice to Vendor thereof by the Purchaser, but in no event later than thirty (30) days following any such notice. If Vendor charges a Purchaser a price lower than that stated in Exhibit A, then such Purchaser shall have no obligation to pay the amount of such undercharge to Vendor, nor shall Vendor have the right to set-off the undercharge against any refund due for an overcharge/overpayment, unless the undercharge was an error discovered and re-invoiced within thirty (30) days after the date of the original invoice. Vendor shall provide to Purchasers at least quarterly statements listing unapplied credits, and upon request by a Purchaser, shall promptly refund the amount of the unapplied credits.
Direct Purchases. For purchases directly from Vendor, no minimum quantity or dollar amount shall apply to any order unless expressly stated in Exhibit B. Vendor shall issue a refund or credit, at Purchaser’s option, for any overcharge/overpayment to Purchaser no later than thirty (30) days following discovery or notice thereof. In the event of an undercharge, Purchaser shall have no obligation to pay Vendor the amount of such undercharge, nor shall Vendor have the right to set-off the undercharge against any refund due for an overcharge/overpayment, unless the undercharge was an error discovered and re-invoiced within thirty (30) days after the date of the original invoice. Vendor shall provide to each Purchaser at least quarterly statements listing unapplied credits, and upon request by a Purchaser, shall promptly refund the amount of the unapplied credits.
Direct Purchases. If You purchase XaaS Services directly from Hitachi pursuant to a Master Agreement, then these Terms, the applicable Service Catalogue (if any) and Service Summary, along with the terms of the Master Agreement (to the extent not expressly excluded), will apply to and, together with other documents as provided in the definition of the XaaS Agreement, form the binding “XaaS Agreement” between Hitachi and You for the applicable XaaS Services as further described in the Definitions section. For a Hitachi “Manage” partner, references to You mean the Hitachi “Manage” Partner.
Direct Purchases. If You purchase XaaS Services directly from Hitachi pursuant to a Master Agreement, then these Terms, the applicable Service Catalogue (if any) and Service Summary, along with the terms of the Master Agreement (to the extent not expressly excluded), will apply to and, together with other documents as provided in the definition ŽĨ ƚŚĞ yĂĂ^ ŐƌĞĞŵXĞaaŶSƚAg͕re emĨenŽt͟ƌ ŵď ĞƚƚŚǁĞĞ ĞďŶŝ Ŷ,ĚŝƚŶĂŐĐ Ś͞ŝ ĂŶXaĚaS zŽƵ ĨŽ Services as further described in the Definitions section͘ &Žƌ Ă ,ŝƚĂĐŚŝ ͞DĂŶĂŐmeĞan͟th eƉĂƌƚŶĞƌ ,ŝƚĂĐŚŝ ͞DĂŶĂŐĞ͟ WĂƌƚŶĞƌ͘
Direct Purchases. Where Customer purchases the Cloud Services directly from Druva, payment terms are set forth in Exhibit B, which are hereby incorporated into this Agreement by reference.
