Directed Supplier Sample Clauses

Directed Supplier is a Supplier that was directed, suggested or otherwise specified by a Directing Buyer. If Supplier is a Directed Supplier: (i) Customer shall pay Supplier for Contract Products only following and to the extent of Customer's actual receipt of payment from a Buyer that directs, suggests or otherwise specifies a supplier for use by Customer (“Directing Buyer”) for Customer's products in which Contract Products are incorporated; (ii) any lengthening of any payment terms by the Directing Buyer shall automatically lengthen the payment terms to Supplier by like amount; (iii) within three (3) business days of any change in price, specifications or other terms negotiated or proposed between Supplier and the Directing Buyer, Supplier shall notify Customer in writing and shall immediately adjust its invoices to reflect any price reduction, provided however that no increase in price shall be binding on Customer without Customer's written consent and a com- mitment by the Directing Buyer to pay Customer a proportionately increased price for Customer's products sold to the Directing Buyer which incorporate Contract Products.
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Directed Supplier. If the entity that Buyer or its affiliates, directly or indirectly, sells the Goods, or sell any goods, services, or products which incorporate the Goods, including to any Original Equipment Manufacturer, any tiered supplier to an Original Equipment Manufacturer or any other customer of Buyer (the “Customer”) that directed, recommended, requested, suggested or otherwise identified Seller as the source from which Buyer or its affiliates is to obtain the Goods, then except as set forth in this Contract: (a) at Buyer’s election, Seller will resolve all commercial issues, (including pricing disputes, collection or insolvency risks of Customer or Seller, warranty matters, termination claims, intellectual property matters and production interruptions arising from or relating to the Goods (except in each case to the extent solely caused by Buyer (it being expressly understood that a termination by Buyer of a Customer’s purchase order as a result of Customer’s default is not caused by Buyer)) directly with Customer; (b) any debits claimed by Customer arising from or relating to the Goods will be passed through Buyer to Seller; (c) Buyer will pay Seller for the Goods only following and to the extent of Buyer’s actual receipt of payment from the Customer for the Goods or Buyer’s products in which incorporate the Goods; (d) any lengthening of any payment terms by a Customer shall automatically lengthen the payment terms to Seller equivalently; and
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Related to Directed Supplier

  • Manufacturer A firm that operates or maintains a factory or establishment that produces on the premises, the materials or supplies obtained by the Contractor. Regular Dealer - A firm that owns, operates, or maintains a store, warehouse, or other establishment in which the materials or supplies required for the performance of the contract are bought, kept in stock, and regularly sold to the public in the usual course of business. A regular dealer engages in, as its principal business and in its own name, the purchase and sale or lease of the products in question. A regular dealer in such bulk items as steel, cement, gravel, stone, and petroleum products need not keep such products in stock, if it owns and operates distribution equipment for the products. Brokers and packagers are not regarded as manufacturers or regular dealers within the meaning of this section. United States Department of Transportation (USDOT) - Federal agency responsible for issuing regulations (49 CFR Part 26) and official guidance for the DBE program.

  • Contracted Services In a fixed price contract, if the number of services provided is less than the number of services for which the Contractor received compensation, funds to be returned to the ADHS shall be determined by the Contract price. Where the price is determined by cost per unit of service or material, the funds to be returned shall be determined by multiplying the unit of service cost by the number of services the Contractor did not provide during the Contract term. Where the price for a deliverable is fixed, but the deliverable has not been completed, the Contractor shall be paid a pro rata portion of the completed deliverable. In a cost reimbursement contract, the ADHS shall pay for any costs that the Contractor can document as having been paid by the Contractor and approved by ADHS. In addition, the Contractor will be paid its reasonable actual costs for work in progress as determined by Generally Accepted Accounting Procedures up to the date of contract termination.