Common use of Orders and Forecasts Clause in Contracts

Orders and Forecasts. (a) All purchases and sales between FARMERGY and SNI, whether consummated directly or indirectly through a third party agent of SNI, shall be initiated by FARMERGY's issuance of written Purchase Orders sent via airmail or by telephone or facsimile and then confirmed by written Purchase Orders. The acceptance by SNI of a Purchase Order shall be indicated by written acknowledgment thereof by SNI. In the event of a conflict between the terms and conditions of any Purchase Order and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall control as to such conflict, unless the parties agree in writing that the terms and conditions of a particular Purchase Order shall supersede a particular term or condition of this Agreement. (b) FARMERGY shall have the right to cancel Purchase Order(s) or any portions thereof for any reason by notifying SNI in writing no later than fifteen (15) days after FARMERGY submits its Purchase Order(s) pursuant to Section 2.2(a). Cancellation shall be effective upon SNI's receipt of the written cancellation notice from FARMERGY. SNI shall cease all work on such canceled purchase order(s) in accordance with the cancellation notice. In the event that SNI incurs any costs in connection with preparing for or commencing work on a Purchase Order that is canceled pursuant to this provision, including without limitation costs for materials, drawings or labor, FARMERGY shall reimburse SNI for such reasonable costs within thirty (30) days of receiving an invoice therefor.

Orders and Forecasts. (a) All purchases and sales between FARMERGY ISR (and SNIany of its Affiliates) and Diamond, whether consummated directly or indirectly through a third party agent of SNIDiamond, shall be initiated by FARMERGYISR's issuance of written Purchase Orders sent via airmail or by telephone or facsimile and then confirmed by written Purchase Orders. The acceptance by SNI Diamond of a Purchase Order shall be indicated by written acknowledgment thereof by SNIDiamond. In the event of a conflict between the terms and conditions of any Purchase Order and the terms and conditions of this Agreement, the terms and conditions of this Agreement shall control as to such conflict, unless the parties agree in writing that the terms and conditions of a particular Purchase Order shall supersede a particular term or condition of this Agreement. (b) FARMERGY ISR shall have the right to cancel Purchase Order(s) or any portions thereof for any reason by notifying SNI Diamond in writing no later than fifteen thirty (1530) days after FARMERGY ISR submits its Purchase Order(s) pursuant to Section 2.2(a). Cancellation shall be effective upon SNIDiamond's receipt of the written cancellation notice from FARMERGYISR. SNI Diamond shall cease all work on such canceled purchase order(s) in accordance with the cancellation notice. In the event that SNI Diamond incurs any costs in connection with preparing for or commencing work on a Purchase Order that is canceled pursuant to this provision, including without limitation costs for materials, drawings or labor, FARMERGY ISR shall reimburse SNI Diamond for such reasonable costs within thirty (30) days of receiving an invoice therefor.