ORDER PROCEDURE. 7.1 Subject to the Supplier's fulfillment of all of its obligations pursuant to this Agreement, ISR intends to purchase Machine/s from the Supplier by issuing a written Purchase Order dully signed by ISR all on a non-exclusive basis ("Purchase Order"). 7.2 The time of issuance of Purchase Orders and the quantity of the Machines in each Purchase Order shall be subject to ISR's discretion and Supplier herby waives any claim and/or demand against ISR including for loss of income and/or profits. 7.3 During the Agreement Period, ISR in its sole discretion, shall have the option to purchase from the Supplier up to four (4) more additional Machines and ancillaries (the “Optional Machines”). The terms and conditions of this Agreement will apply, mutatis mutandis, to the Optional Machines subject to Section 8.6. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of Optional Machines from Supplier. 7.4 Upon receipt of a Purchase Order by email, Supplier shall confirm via email receipt of the Purchase Order to ISR's contact person. An original document of such confirmation shall be sent to ISR via air mail. 7.5 The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. Israel Railways Ltd. Address: Telephone: E-mail: ("IPM") For the Supplier: ("SPM") Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses or facsimile numbers, if any. 7.6 Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc. 7.7 The following original documents will be supplied by Supplier to ISR:
Appears in 3 contracts
Sources: Purchase Agreement, Purchase Agreement, Purchase Agreement
ORDER PROCEDURE. 7.1 Subject 8.1. Within three (3) months from the Effective Date, and subject to the Supplier's fulfillment of all of its obligations pursuant to this terms and conditions set forth in the Agreement, ISR intends shall issue to purchase Machine/s from the Supplier by issuing a written SPM, via email, one (1) Purchase Order dully signed by ISR all on a non-exclusive basis for two thousand five hundred (2,500) 60E2 R350HT Rails ("Purchase Order").
7.2 The time of 8.2. Additionally, during the 18 months following the issuance of the Final Acceptance Certificate, ISR reserves the sole and absolute right to negotiate the possibility to purchase of any additional amount of optional R350HT Rails. The Parties shall negotiate in good faith and price of the optional R350HT Rails shall be based on the Consideration in this Agreement.
8.3. The Purchase Orders and Order shall specify the exact amount, the total quantity of the Machines R350HT Rails being ordered and the applicable Delivery Time as defined in each Purchase Order shall be subject to ISR's discretion and Supplier herby waives any claim and/or demand against ISR including for loss of income and/or profitsSection 11 herein below.
7.3 During the Agreement Period, ISR in its sole discretion, shall have the option to purchase from the Supplier up to four (4) more additional Machines and ancillaries (the “Optional Machines”)8.4. The terms and conditions of this Agreement will apply, mutatis mutandis, to the Optional Machines subject to Section 8.6. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of Optional Machines from Supplier.
7.4 Upon receipt of a Purchase Order by emaile-mail, Supplier shall confirm via email e-mail receipt of the said Purchase Order to ISR's contact personIPM within no later than five (5) Business Days. An original document of such confirmation shall be sent to ISR via air mail.
7.5 8.5. The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. ISR (“IPM”): [ ] Israel Railways Ltd. Address: Yoseftal 1, Lod Telephone: [ ] E-mail: [ ] For Supplier ("IPM") For the Supplier“SPM”): [ ] [ ] Address: ("SPM") [ ] Telephone: [ ] E-mail: [ ]
8.6. Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses addresses, telephone numbers, or facsimile numberse-mail addresses, if any.
7.6 . Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 8.7. The following original documents will shall be supplied to ISR by Supplier to ISRthe Supplier:
Appears in 2 contracts
Sources: Supply Agreement, Supply Agreement
ORDER PROCEDURE. 7.1 Subject Within 90 (ninety) days of the Effective Date, ISR shall issue a Purchase Order as Follows: {As mentioned above, prior to signing the Agreement, this Section shall be amended to reflect the Cranes the Supplier is required to supply in accordance with the outcome of the Tender}:
7.1.1. Three (3) 25 tons Cranes; and/or
7.1.2. One (1) 150 ton Crane. and forward such Purchase Order to Supplier by email to the contact person of Supplier's fulfillment , a copy of all of its obligations pursuant to this Agreement, ISR intends to purchase Machine/s from the Supplier by issuing a written Purchase Order dully signed by ISR all on a non-exclusive basis ("Purchase Order")which shall be sent via air mail.
7.2 The time of issuance of Purchase Orders and the quantity of the Machines in each Purchase Order shall be subject to ISR's discretion and Supplier herby waives any claim and/or demand against ISR including for loss of income and/or profits.
7.3 During the Agreement Period, ISR in its sole discretion, shall have the option to purchase from the Supplier up to four (4) more additional Machines and ancillaries Cranes (the “Optional MachinesCranes”). The terms and conditions of this Agreement will apply, mutatis mutandis, to the Optional Machines Option Cranes subject to Section 8.6. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of Optional Machines Cranes from Supplier.
7.4 7.3 Upon receipt of a Purchase Order by email, Supplier shall confirm via email receipt of the Purchase Order to ISR's contact person. An original document of such confirmation shall be sent to ISR via air mail.
7.5 7.4 The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. Israel Railways Ltd. Address: Telephone: E-mail: ("IPM") For the Supplier: ("SPM") Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses or facsimile numbers, if any.
7.6 7.5 Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 7.6 The following original documents will be supplied by Supplier to ISR:
Appears in 2 contracts
Sources: Supply Agreement, Supply Agreement
ORDER PROCEDURE. 7.1 Subject Within 60 (sixty) days of the Effective Date, ISR shall issue a Purchase Order for three (3) BRM and forward such Purchase Order to Supplier by email to the contact person of Supplier's fulfillment , a copy of all of its obligations pursuant to this Agreementwhich shall be sent via air mail. Supplier hereby grants ISR an option, ISR intends during the Agreement Period to purchase Machine/s from unlimited number of additional BRM, similar to the Supplier by issuing a written Purchase Order dully signed by ISR all on a non-exclusive basis ("Purchase Order").
7.2 The time of issuance of Purchase Orders and the quantity of the Machines in each Purchase Order shall be subject to ISR's discretion and Supplier herby waives any claim and/or demand against ISR including for loss of income and/or profits.
7.3 During the Agreement Period, ISR in its sole discretion, shall have the option to purchase from the Supplier up to four (4) more additional Machines and ancillaries BRM (the “Optional MachinesBRM”). The terms and conditions of this Agreement will apply, mutatis mutandis, to the Optional Machines Option BRM subject to Section 8.6. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of Optional Machines BRM from Supplier.
7.4 . Upon receipt of a Purchase Order by email, Supplier shall confirm via email receipt of the Purchase Order to ISR's contact person. An original document of such confirmation shall be sent to ISR via air mail.
7.5 . The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. _____________ Israel Railways Ltd. Address: Telephone: E-mail: ("IPM") For the Supplier: ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ____________________________ ("SPM") Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses or facsimile numbers, if any.
7.6 . Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 . The following original documents will be supplied by Supplier to ISR:: Commercial invoices. The invoice/s shall include a clear reference to this Agreement, the amount, part number (inclusive of serial number), if any, quantity, delivery note number, shipping date, Supplier’s company registration number and ISR’s order number for the goods; Original Certificate of Origin and Non-Manipulation Certificate, if required; ▇▇▇▇ of Lading - issued in ISR’s name; Packing Lists; Any and all other documentation necessary to release the BRM and/or any part thereof from customs in an expeditious manner and to facilitate payment, e.g. the documents that will enable ISR to clear the BRM and/or any part thereof through customs and which will enable ISR to make payment in foreign currency in accordance with the applicable Israeli law. Original copies of all of the above mentioned documents must arrive at ISR’s designated site at least five (5) calendar days before the arrival of the ship delivering the BRM or any part thereof to Israel. In addition, copies of all of the above mentioned documents shall be sent to ISR by E-mail simultaneously with the delivery of the originals. The above mentioned documents must be forwarded solely in ISR’s name and shall state ISR's exact name.
Appears in 1 contract
Sources: Supply Agreement
ORDER PROCEDURE. 7.1 Subject Within four (4) months from the Effective Date, and subject to the Supplier's fulfillment of all of its obligations pursuant to this terms and conditions set forth in the Agreement, ISR intends shall issue to purchase Machine/s from the Supplier by issuing a written SPM, via email, one (1) Purchase Order dully signed by ISR all on a non-exclusive basis for approximately two thousand (2,000) tons of R350HT Rails divided according to type and quantity as detailed in Section 8.28.2 below ("Purchase Order").
7.2 . The time of issuance of Purchase Orders and R350HT Rails divided according to type to be included in the quantity of the Machines in each Purchase Order shall be subject as follows:
8.2.1. 54E1 R350HT type of rails pursuant to ISR's discretion and Supplier herby waives any claim and/or demand against ISR including for loss EN 13674-1 approximately one thousand (1,000) ton;
8.2.2. 60E2 R350HT type of income and/or profits.
7.3 During the Agreement Period, ISR in its sole discretion, shall have the option rails pursuant to purchase from the Supplier up to four EN 13674-1 approximately one thousand (41,000) more additional Machines and ancillaries (the “Optional Machines”)ton. The terms and conditions of this Agreement will apply, mutatis mutandis, to Purchase Order shall specify the Optional Machines subject to Section 8.6. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any exact amount of Optional Machines from Supplier.
7.4 each type, the total quantity of the R350HT Rails being ordered and the applicable Delivery Time as defined in Section 11 herein below. Upon receipt of a Purchase Order by emaile-mail, Supplier shall confirm via email e-mail receipt of the said Purchase Order to ISR's contact personIPM within no later than five (5) Business Days. An original document of such confirmation shall be sent to ISR via air mail.
7.5 . The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: :
8.2. 8.3.
8.5. For ISR: Mr. ISR (“IPM”): [ ] Israel Railways Ltd. Address: Yoseftal 1, Lod Telephone: [ ] E-mail: [ ] For Supplier ("IPM") For the Supplier“SPM”): [ ] [ ] Address: ("SPM") [ ] Telephone: [ ] E-mail: [ ]
8.6. Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses addresses, telephone numbers, or facsimile numberse-mail addresses, if any.
7.6 . Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 8.7. The following original documents will shall be supplied to ISR by Supplier to ISRthe Supplier:
Appears in 1 contract
Sources: Supply Agreement
ORDER PROCEDURE. 7.1 Subject to the Supplier's fulfillment of all of its obligations pursuant to this Agreement, ISR intends to purchase Machine/s one (1) Machine from the Supplier by issuing a written Purchase Order dully signed by ISR all on a non-exclusive basis ("Purchase Order").
7.2 The time of issuance of Purchase Orders and the quantity of the Machines in each Purchase Order shall be subject to ISR's discretion and Supplier herby waives any claim and/or demand against ISR including for loss of income and/or profits.
7.3 During the Agreement Period, ISR in its sole discretion, shall have the option to purchase from the Supplier up to four one (41) more additional Machines and ancillaries Machine (the “Optional MachinesMachine”). The terms and conditions of this Agreement will apply, mutatis mutandis, to the Optional Machines Machine subject to Section 8.6. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of the Optional Machines Machine from Supplier.
7.4 Upon receipt of a Purchase Order by email, Supplier shall confirm via email receipt of the Purchase Order to ISR's contact person. An original document of such confirmation shall be sent to ISR via air mail.
7.5 The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. Israel ▇▇▇▇▇▇ Railways Ltd. Address: Telephone: E-mail: ("IPM") For the Supplier: ("SPM") Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses or facsimile numbers, if any.
7.6 Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 The following original documents will be supplied by Supplier to ISR:
Appears in 1 contract
Sources: Purchase Agreement
ORDER PROCEDURE. 7.1 Subject to (a) The Customer may at any time place an Order for Products and/or Services with the Supplier's fulfillment . The Supplier agrees to notify the Customer of all acceptance or rejection of its obligations pursuant Orders within 5 days of receipt. The Supplier shall have no obligation to this Agreementaccept any Order, ISR intends to purchase Machine/s from the Supplier by issuing a written Purchase and it may reject any Order dully signed by ISR all on a non-exclusive basis ("Purchase Order").
7.2 The time of issuance of Purchase Orders and the quantity of the Machines in each Purchase Order shall be subject to ISR's discretion and Supplier herby waives any claim and/or demand against ISR including for loss of income and/or profits.
7.3 During the Agreement Period, ISR in its sole discretion, . The Supplier's acceptance of any Order shall have the option to purchase from not represent a waiver by the Supplier up of its right to four (4) more additional Machines and ancillaries (reject any subsequent Order in its sole discretion. If the “Optional Machines”)Order is not acknowledged by the Supplier within five days of its receipt, then the Order shall be deemed to have been rejected by the Supplier. The terms and conditions Supplier's acceptance of any Order shall not represent a waiver by the Supplier of its right to reject any subsequent Order in its sole discretion. Notwithstanding any provision to the contrary in Article 10 or any other term of this Agreement will applyAgreement, mutatis mutandisthe Supplier may condition its acceptance of any Order upon (i) its prior receipt of cash for all or any portion of the Product Price, and/or (ii) the Customer's agreement to pay the full Product Price in cash against delivery of the Products, and/or (iii) the Customer's agreement to the Optional Machines subject to Section 8.6. For the prevention amendment or waiver of any doubtother term of this Agreement, it is hereby expressly emphasized that ISR is under no obligation whatsoever but specifically excluding the amendment or waiver of the terms of Sections 3 (except as amended by an agreement between the Customer and Supplier dated as of March 20, 2002), 5, 6, 11 through 13, 15, 16, 18 through 20 or 22.
(b) Each Order shall include: the description and Price per unit of Product; the quantities ordered; delivery requirements; Product revision details; and such other information as the parties may agree upon from time to order certain time. Orders may be issued in writing, by mail or any amount facsimile, or by electronic means as the parties may from time to time agree."
7.3 Section 4.2 of Optional Machines from Supplierthe Manufacturing Agreement shall be deleted in its entirety and the words "Intentionally Omitted" shall be substituted therefor.
7.4 Upon receipt Section 8.2(d) of a Purchase Order the Manufacturing Agreement shall be amended by email, deleting the words "provided that Supplier shall confirm via email receipt not be entitled to value-add for Product built to support more than thirty (30) days of Order requirements" appearing at the Purchase Order to ISR's contact person. An original document of such confirmation shall be sent to ISR via air mailend thereof.
7.5 The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. Israel Railways Ltd. Address: Telephone: E-mail: ("IPM") For the Supplier: ("SPM") Each Party shall, in writing without undue delay, notify All of the other Party terms and provisions of changes the Manufacturing Agreement shall remain unchanged and continue in contact persons, addresses or facsimile numbers, if anyfull force and effect as to any Orders placed under the Manufacturing agreement after the Effective Date.
7.6 Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 The following original documents will be supplied by Supplier to ISR:
Appears in 1 contract
Sources: Manufacturing Agreement (Com21 Inc)
ORDER PROCEDURE. 7.1 Subject 7.1. Within 60 (sixty) days of the Effective Date, ISR shall issue a Purchase Order for the RSDEV and forward such Purchase Order to Supplier by email to the contact person of Supplier's fulfillment , a copy of all of its obligations pursuant which shall be sent via air mail. ISR shall have the option not to this Agreement, ISR intends to purchase Machine/s from the Supplier by issuing issue a written Purchase Order dully signed by ISR all on a non-exclusive basis ("Purchase Order").
7.2 The time of issuance of Purchase Orders and the quantity of the Machines in each Purchase Order shall be subject to ISR's discretion and Supplier herby hereby waives any claim and/or demand against ISR including for loss of income and/or profitsISR.
7.3 During 7.2. Supplier hereby grants ISR an option, during the Agreement Period, ISR in its sole discretion, shall have Period and/or the option Optional Period to purchase from an unlimited number of additional RSDEV, similar to the Supplier up to four (4) more additional Machines and ancillaries RSDEV (the “Optional MachinesRSDEV”). The terms and conditions of this Agreement will apply, mutatis mutandis, to the Optional Machines Option RSDEV subject to Section 8.69.9. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of Optional Machines RSDEV from Supplier.
7.4 7.3. Within 60 (sixty) days of the Effective Date, ISR shall issue an Initial Services Order for the Grinding/Milling Services and forward such Initial Service Order to Supplier by email to the contact person of Supplier, a copy of which shall be sent via air mail, as detailed below. During the Service Period, ISR shall have the option to issue Subsequent Services Order as detailed in Section 8.6 below. ISR shall have the option not to issue a Services Order (including Initial Services Order), and the Supplier hereby waives any claim and/or demand against ISR.
7.4. ISR upon its sole and exclusive discretion shall issue from time to time a Purchase Order for the purchase and supply of Work Consumables ("Purchase Order for Work Consumables "). Each Purchase Order for Work Consumables shall be for at least Work Consumables for 1 [mm] metal removal depth along the entire rail head through 50[km].
7.5. ISR upon its sole and exclusive discretion shall have the option to purchase Extra Defects Elimination Unit(s); as such term is the Technical Specifications. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount Extra Defects Elimination Unit(s) from Supplier and may purchase such elements, if any, from a third party. In the event that ISR shall decide to purchase Extra Defects Elimination Unit(s) the price shall be negotiated in good faith between Parties based on the RSDEV Price and terms and conditions of this Agreement shall pally mutatis mutandis, to the extent possible.
7.6. Upon receipt of a Purchase Order and/or Service Order by email, Supplier shall confirm via email receipt of the Purchase Order and/or Service Order to ISR's contact person. An original document of such confirmation shall be sent to ISR via air mail.
7.5 7.7. The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. Israel Railways Ltd. Address: Telephone: E-mail: ("IPM") For the Supplier: ("SPM") Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses addresses, telephone or facsimile numbersemail, if any.
7.6 7.8. Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 7.9. The following original documents will be supplied by Supplier to ISR:
Appears in 1 contract
Sources: Supply Agreement
ORDER PROCEDURE. 7.1 Subject Within 60 (sixty) days of the Effective Date, ISR shall issue a Purchase Order for 30 (Thirty) TRL and forward such Purchase Order to Supplier via facsimile or email to the contact person of Supplier's fulfillment , a copy of all of its obligations pursuant to this Agreement, ISR intends to purchase Machine/s from the Supplier by issuing a written which shall be sent via air mail. The Purchase Order dully signed by ISR all on a non-exclusive basis as detailed in this Section shall consist of the following: 3 ("Purchase Order")Three) Electric TRL. 27 (Twenty) Solar TRL.
7.2 The time of issuance of Purchase Orders and the quantity of the Machines in each Purchase Order shall be subject to ISR's discretion and Supplier herby waives any claim and/or demand against ISR including for loss of income and/or profits.
7.3 During the Agreement Period, ISR in its sole discretion, discretion shall have the option to purchase from the Supplier up to four (4) more 20 additional Machines and ancillaries TRL – Solar and/or Electric, upon ISR's sole discretion (the “"Optional Machines”TRL"). The Supplier hereby agrees to sell and deliver the Optional TRL to ISR subject to the same terms and conditions of set forth in this Agreement will apply, mutatis mutandis, to the Optional Machines subject to Section 8.6. (including TRL Price).
7.3 For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of TRL and/or Optional Machines TRL from the Supplier.
7.4 Upon receipt of a Purchase Order by facsimile or email, Supplier shall confirm via facsimile or email receipt of the Purchase Order to ISR's contact person. An original document of such confirmation shall be sent to ISR via air mail.
7.5 The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. Israel Railways Ltd. Address: Telephone: E-mail: ("IPM") For the Supplier: ("SPM") Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses addresses, E-mail address or facsimile numbers, if any.
7.6 Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirementsSafety Regulations, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 The following original documents will be supplied by Supplier to ISR:
Appears in 1 contract
Sources: Supply Agreement
ORDER PROCEDURE. 7.1 Subject 7.1. Within 60 (sixty) days of the Effective Date, ISR shall issue a Purchase Order for the RSDEV and forward such Purchase Order to Supplier by email to the contact person of Supplier's fulfillment , a copy of all of its obligations pursuant which shall be sent via air mail. ISR shall have the option not to this Agreement, ISR intends to purchase Machine/s from the Supplier by issuing issue a written Purchase Order dully signed by ISR all on a non-exclusive basis ("Purchase Order").
7.2 The time of issuance of Purchase Orders and the quantity of the Machines in each Purchase Order shall be subject to ISR's discretion and Supplier herby hereby waives any claim and/or demand against ISR including for loss of income and/or profitsISR.
7.3 During 7.2. Supplier hereby grants ISR an option, during the Agreement Period, ISR in its sole discretion, shall have Period and/or the option Optional Period to purchase from an unlimited number of additional RSDEV, similar to the Supplier up to four (4) more additional Machines and ancillaries RSDEV (the “Optional MachinesRSDEV”). The terms and conditions of this Agreement will apply, mutatis mutandis, to the Optional Machines Option RSDEV subject to Section 8.69.9. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of Optional Machines RSDEV from Supplier.
7.4 7.3. Within 60 (sixty) days of the Effective Date, ISR shall issue an Initial Services Order for the Grinding/Milling Services and forward such Initial Service Order to Supplier by email to the contact person of Supplier, a copy of which shall be sent via air mail, as detailed below. During the Service Period, ISR shall have the option to issue Subsequent Services Order as detailed in Section 8.6 below. ISR shall have the option not to issue a Services Order (including Initial Services Order), and the Supplier hereby waives any claim and/or demand against ISR.
7.4. ISR upon its sole and exclusive discretion shall issue from time to time a Purchase Order for the purchase and supply of Work Consumables ("Purchase Order for Work Consumables "). Each Purchase Order for Work Consumables shall be for at least Work Consumables for 1 [mm] metal removal depth along the entire rail head through 50[km].
7.5. ISR upon its sole and exclusive discretion shall have the option to purchase Extra Defects Elimination Unit(s); as such term is the Technical Specifications. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount Extra Defects Elimination Unit(s) from Supplier and may purchase such elements, if any, from a third party. In the event that ISR shall decide to purchase Extra Defects Elimination Unit(s) the price shall be negotiated in good faith between Parties based on the RSDEV Price and terms and conditions of this Agreement shall pally mutatis mutandis, to the extent possible.
7.6. Upon receipt of a Purchase Order and/or Service Order by email, Supplier shall confirm via email receipt of the Purchase Order and/or Service Order to ISR's contact person. An original document of such confirmation shall be sent to ISR via air mail.
7.5 7.7. The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. Israel Railways Ltd. Address: Telephone: E-mail: ("IPM") For the Supplier: ("SPM") Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses addresses, telephone or facsimile numbersemail, if any.
7.6 7.8. Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 7.9. The following original documents will be supplied by Supplier to ISR:
Appears in 1 contract
Sources: Supply Agreement
ORDER PROCEDURE. 7.1 Subject to Within 30 (thirty) days of the Supplier's fulfillment of all of its obligations pursuant to this AgreementEffective Date, ISR intends to purchase Machine/s from the issue a Purchase Order of five (5) Shunters and forward such Purchase Order to Supplier by issuing email to the contact person of Supplier, a written Purchase Order dully signed by ISR all on a non-exclusive basis ("Purchase Order")copy of which shall be sent via air mail.
7.2 The time of issuance of Purchase Orders and the quantity of the Machines in each Purchase Order shall be subject to ISR's discretion and Supplier herby waives any claim and/or demand against ISR including for loss of income and/or profits.
7.3 During the Agreement Period, ISR in its sole discretion, shall have the option to purchase from the Supplier up to four 1 (4one) or more additional Machines and ancillaries Shunters (the “Optional MachinesShunters”). The terms and conditions of this Agreement will apply, mutatis mutandis, to the Optional Machines Shunters subject to Section 8.6. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of Optional Machines Shunters from Supplier.
7.4 7.3 Upon receipt of a Purchase Order by email, Supplier shall confirm via email receipt of the Purchase Order to ISR's contact person. An original document of such confirmation shall be sent to ISR via air mail.
7.5 7.4 The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. Israel ▇▇▇▇▇▇ Railways Ltd. Address: Telephone: E-mail: ("IPM") For the Supplier: ("SPM") Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses or facsimile numbers, if any.
7.6 7.5 Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 7.6 The following original documents will be supplied by Supplier to ISR:
Appears in 1 contract
Sources: Supply Agreement
ORDER PROCEDURE. 7.1 Subject to 7.1. Within 60 (sixty) days of the Supplier's fulfillment of all of its obligations pursuant to this AgreementEffective Date, ISR intends to purchase Machine/s from shall issue a Pilot Order for the Supplier by issuing a written Purchase Order dully signed by ISR all on a non-exclusive basis supply and installation of One (1) Server in the Maintenance Center, Five (5) CIR and 30 CPM ("Pilot Order") in the Pilot Sites.
7.2. In the event Pilot shall be successful and Supplier shall receive a Pilot Final Acceptance Certificate, ISR shall issue an Initial purchase Order for Seven (7) CIR and Seventy (70) CPM in the Sites ("Initial Purchase Order").
7.2 The time . ISR shall have the right to decide not to issue an Initial Purchase Order even if Pilot Final Acceptance Certificate was received due to administrative and/or financial reasons and/or if ISR believes the results of the Pilot were not satisfactory and/or to minimize the quantity purchased and/or delay the issuance of Purchase Orders and the quantity of the Machines in each Initial Purchase Order shall be subject to ISR's discretion and Supplier herby hereby waives any and claim and/or demand against ISR including for loss of income and shall not be entitled to any consideration and/or profitscompensation.
7.3 During the Agreement Period, 7.3. ISR in its sole discretion, shall have the option forward Purchase Order to purchase from the Supplier up to four (4) more additional Machines and ancillaries (the “Optional Machines”). The terms and conditions of this Agreement will apply, mutatis mutandis, via email to the Optional Machines subject to Section 8.6. For contact person of the prevention Supplier, a copy of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of Optional Machines from Supplierwhich shall be sent via air mail.
7.4 7.4. Upon receipt of a Purchase Order by email, the Supplier shall confirm via email receipt of the Purchase Order to ISR's contact person. An original document of such confirmation shall be sent to ISR via air mail.
7.5 7.5. The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. Israel Railways Ltd. Address: Telephone: E-mail: ("IPM") For the Supplier: ("SPM") Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses or facsimile numbersand/or e-mail, if any.
7.6 7.6. The Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 7.7. The following original documents will be supplied by the Supplier to ISR:
Appears in 1 contract
Sources: Supply Agreement
ORDER PROCEDURE. 7.1 Subject to 8.1. During the Supplier's fulfillment of all of its obligations pursuant to this AgreementAgreement Period, ISR intends shall issue, at its sole discretion, from time to purchase Machine/s from time, Purchase Orders for the Supplier by issuing a written Purchase Order dully signed by ISR all on a non-exclusive basis purchase, delivery and supply of an unlimited number of various types of Brushes according to type and quantity as detailed in Section 8.3 below ("Purchase Order").
7.2 The time of issuance of Purchase Orders and the quantity of the Machines in each Purchase Order shall be subject to ISR's discretion and Supplier herby waives any claim and/or demand against ISR including for loss of income and/or profits.
7.3 During 8.2. Additionally, during the Agreement Period, ISR reserves the sole and absolute right to negotiation the purchase of any additional type/s of brushes not specified in its sole discretion, shall have the option to purchase from the Supplier up to four (4) more additional Machines and ancillaries (the “Optional Machines”)Annex B.
8.3. The terms Purchase Order shall specify the type, exact amount, the total quantity of the Brushes being ordered and conditions of this Agreement will apply, mutatis mutandis, to the Optional Machines subject to applicable Delivery Time as defined in Section 8.6. For the prevention of any doubt, it is hereby expressly emphasized that ISR is under no obligation whatsoever to order certain or any amount of Optional Machines from Supplier11 herein below.
7.4 8.4. Upon receipt of a Purchase Order by emaile-mail, Supplier shall confirm via email e-mail receipt of the said Purchase Order to ISR's contact personIPM within no later than five (5) Business Days. An original document of such confirmation shall be sent to ISR via air mail.
7.5 8.5. The Parties’ contact persons are as follows, or any replacement contact persons as notified in writing by one Party to the other: For ISR: Mr. ISR (“IPM”): [ ] Israel Railways Ltd. Address: Yoseftal 1, Lod Telephone: [ ] E-mail: [ ] For Supplier ("IPM") For the Supplier“SPM”): [ ] [ ] Address: ("SPM") [ ] Telephone: [ ] E-mail: [ ]
8.6. Each Party shall, in writing without undue delay, notify the other Party of changes in contact persons, addresses addresses, telephone numbers, or facsimile numberse-mail addresses, if any.
7.6 . Supplier will endeavor to furnish a secured electronic mail service or other equivalent means, in accordance with ISR safety requirements, which will be used by both Parties for the purpose of ordering procedure, requests, queries, reports etc.
7.7 8.7. The following original documents will shall be supplied to ISR by Supplier to ISRthe Supplier:
Appears in 1 contract
Sources: Supply Agreement