Pricing and Changes. Pricing is firm and not subject to change unless otherwise stated in this Contract. Buyer may notify Supplier of changes to the drawings, specifications, quantity, delivery or other requirements, but the time for performance and price shall not change (and Supplier shall be liable for any Buyer damages arising from such changes) unless Supplier notifies Buyer in writing supported by documentation that a change in price or time for performance is necessary, within ten (10) days of receipt by Supplier of notice of such change. Upon receipt of such a notice from Supplier, the parties shall negotiate reasonably and in good faith to agree in writing upon an equitable adjustment to the time for performance or price. Supplier shall not make any change in this Contract or the ordered Products without the prior written approval of Buyer, including, without limitation, the nature, type or quality of any services, raw materials or goods used by Supplier or its suppliers in connection with this Contract. Any general price reduction made by Supplier with respect to any Product ordered, subsequent to the placement of this Contract by ▇▇▇▇▇, and prior to Buyer’s receipt of the Product, shall apply to this Contract. Supplier represents that the prices charged hereunder are the best or lowest prices charged by Supplier to buyers of a class similar to Buyer purchasing similar or lesser quantities. If Supplier enters into an agreement for the same or similar products or services with another buyer, providing such buyer with more favorable terms under similar or lesser volumes, Supplier shall promptly notify Buyer and the pricing granted to Buyer, and this Contract, will be deemed appropriately amended to provide such pricing to Buyer, effective as of the date the more favorable pricing was provided to the third-party buyer.
Appears in 3 contracts
Sources: Purchase Order Agreement, Purchase Order Agreement, Purchase Order Agreement
Pricing and Changes. Pricing is firm and not subject to change unless otherwise stated in this Contract. Buyer may notify Supplier of changes to the drawings, specifications, quantity, delivery or other requirements, but the time for performance and price shall not change (and Supplier shall be liable for any Buyer damages arising from such changes) unless Supplier notifies Buyer in writing supported by documentation that a change in price or time for performance is necessary, within ten (10) days of receipt by Supplier of notice of such change. Upon receipt of such a notice from Supplier, the parties shall negotiate reasonably and in good faith to agree in writing upon an equitable adjustment to the time for performance or price. Supplier shall not make any change ▇▇▇▇ ▇▇ in this Contract or the ordered Products without the prior written approval of Buyer, including, without limitation, the nature, type or quality of any services, raw materials or goods used by Supplier or its suppliers in connection with this Contract. Any general price reduction made by Supplier with respect to any Product ordered, subsequent to the placement of this Contract by ▇▇▇▇▇, and prior pr ior to Buyer’s receipt of the Product, shall apply to this Contract. Supplier represents that the prices charged hereunder are the best or lowest prices charged by Supplier to buyers of a class similar to Buyer purchasing similar or lesser quantities. If Supplier enters into an agreement for the same or similar products or services with another buyer, providing such buyer with more favorable terms under similar or lesser volumes, Supplier shall promptly notify Buyer and the pricing granted to Buyer, and this Contract, will be deemed appropriately amended to provide such pricing to Buyer, effective as of the date the more favorable pricing was provided to the third-party buyer.
Appears in 1 contract
Sources: Purchase Order Agreement