Common use of Fulfillment Clause in Contracts

Fulfillment. This Reseller Track Appendix authorizes Partner to acquire eligible Red Hat Products from a Red Hat-authorized distributor, reseller or OEM (each, a “Business Partner”) as specified in the applicable Program Guide. Partner will only be permitted to purchase Red Hat Products directly from Red Hat if Partner receives Red Hat's prior written consent to do so. If Partner acquires Red Hat Products from a Business Partner, Partner will pay the Business Partner for the Red Hat Products and all payment, credit, shipping and other direct purchase terms shall be between Partner and the Business Partner. If Partner acquires Red Hat Products from Red Hat, Partner will pay Red Hat for the Red Hat Products under the terms provided in Section 4, below. Upon receipt of a purchase order from either Partner or Business Partner for Red Hat Products, Red Hat will provide access to a downloadable version of the Red Hat Products to either the Business Partner, Partner, or End User, as directed by the Business Partner or Partner in writing. For any instance where Red Hat has to ship Red Hat Products with physical media directly to Partner, Red Hat will itself or will direct its authorized agent to create and ship the physical media to Partner. Shipment is F.O.B. point of shipment by the method Red Hat deems most advantageous. Transportation and insurance charges, expenses and costs will be invoiced to Partner and are not included in any pricing provided. Risk of loss or damage to the Red Hat Products will automatically pass to Partner when the Red Hat Products are placed with the carrier for shipment to Partner. Red Hat Products are sold without return privileges, unless consented to in writing by Red Hat in its sole discretion.

Fulfillment. This Reseller Track Appendix authorizes Partner to acquire eligible Red Hat Products from a Red Hat-authorized Hat­authorized distributor, reseller or OEM (each, a “Business Partner”) as specified in the applicable Program Guide. Partner will only be permitted to purchase Red Hat Products directly from Red Hat if Partner receives Red Hat's prior written consent to do so. If Partner acquires Red Hat Products from a Business Partner, Partner will pay the Business Partner for the Red Hat Products and all payment, credit, shipping and other direct purchase terms shall be between Partner and the Business Partner. If Partner acquires Red Hat Products from Red Hat, Partner will pay Red Hat for the Red Hat Products under the terms provided in Section 4, below. Upon receipt of a purchase order from either Partner or Business Partner for Red Hat Products, Red Hat will provide access to a downloadable version of the Red Hat Products to either the Business Partner, Partner, or End User, as directed by the Business Partner or Partner in writing. For any instance where Red Hat has to ship Red Hat Products with physical media directly to Partner, Red Hat will itself or will direct its authorized agent to create and ship the physical media to Partner. Shipment is F.O.B. point of shipment by the method Red Hat deems most advantageous. Transportation and insurance charges, expenses and costs will be invoiced to Partner and are not included in any pricing provided. Risk of loss or damage to the Red Hat Products will automatically pass to Partner when the Red Hat Products are placed with the carrier for shipment to Partner. Red Hat Products are sold without return privileges, unless consented to in writing by Red Hat in its sole discretion.