PRE-PRODUCTION UNITS Clause Samples
PRE-PRODUCTION UNITS. Upon the creation of detailed work instructions, the Manufacturer shall commence the kitting and building of the first production line units in limited quantities as agreed upon by the parties. Concurrently, the Buyer shall install any new or revised ATE software on the test suite hardware in Manufacturers facility. Once the initial units are produced, they shall be subjected to the same ATE controlled testing as shall be used during full production in order to prove conformance with specification. Pre-production units shall also be visually inspected to assure that workmanship is acceptable, and that form and fit have been maintained.
PRE-PRODUCTION UNITS. PRESSTEK shall sell and XEROX shall purchase pre-production units of the [CONFIDENTIAL TREATMENT REQUESTED]/*/ Press and [CONFIDENTIAL TREATMENT REQUESTED]/*/ Press as follows:
a. Preproduction [CONFIDENTIAL TREATMENT REQUESTED]/*/ Presses. PRESSTEK shall sell and XEROX shall purchase [CONFIDENTIAL TREATMENT REQUESTED]/*/ pre-production [CONFIDENTIAL TREATMENT REQUESTED]/*/ Presses which comply with mutually agreed-upon specifications for testing and evaluation. The parties anticipate that [CONFIDENTIAL TREATMENT REQUESTED]/*/ such presses shall be five-color versions of the [CONFIDENTIAL TREATMENT REQUESTED]/*/ Press and [CONFIDENTIAL TREATMENT REQUESTED]/*/ shall be four-color versions of the [CONFIDENTIAL TREATMENT REQUESTED]/*/ Press. The terms and conditions of such sale shall be as follows:
(i) The price for the pre-production units of the [CONFIDENTIAL TREATMENT REQUESTED]/*/ Press shall be [CONFIDENTIAL TREATMENT REQUESTED]/*/ each for the five-color press and [CONFIDENTIAL TREATMENT REQUESTED]/*/ each for the four-color press.
(ii) Delivery of the [CONFIDENTIAL TREATMENT REQUESTED]/*/ pre-production [CONFIDENTIAL TREATMENT REQUESTED]/*/ Presses will commence on [CONFIDENTIAL TREATMENT REQUESTED]/*/ and will be at the rate of [CONFIDENTIAL TREATMENT REQUESTED]/*/ thereafter. Such sales shall be FOB Port of Export, with title and risk of loss passing to XEROX when the Products pass over the ship's rail at the port of loading. PRESSTEK shall invoice Xerox for the Products when they are prepared for shipment at the manufacturing facility in the [CONFIDENTIAL TREATMENT REQUESTED]/*/.
(iii) XEROX shall issue a purchase order for the preproduction units of the [CONFIDENTIAL TREATMENT REQUESTED]/*/ Press within [CONFIDENTIAL TREATMENT REQUESTED]/*/ days of execution hereof. PRESSTEK shall invoice XEROX as follows: (i) upon receipt of XEROX' purchase order for the [CONFIDENTIAL TREATMENT REQUESTED]/*/ units, PRESSTEK shall issue an invoice in the amount of [CONFIDENTIAL TREATMENT REQUESTED]/*/; and (ii) thirty days thereafter, PRESSTEK shall issue an invoice in the amount of [CONFIDENTIAL TREATMENT REQUESTED]/*/. XEROX shall remit payment [CONFIDENTIAL TREATMENT REQUESTED]/*/ days following receipt of such invoices, and such payment shall constitute an advance against the invoices to be issued pursuant to Subsection (ii) above. Payment of invoices for the balance due and owing for such pre-production [CONFIDENTIAL TREATMENT REQUESTED]/*/ Presses shall be r...
