Product Pricing and Payment Clause Samples

Product Pricing and Payment. 5.1 Subject to and in accordance with the terms and conditions hereof, OWNER agrees to sell to DISTRIBUTOR, and DISTRIBUTOR agrees to buy from OWNER, the Product at the prices set forth in Schedule “A” hereto. Prices of the Product are in U.S. dollars, F.O.B. OWNER’s warehouse in , Canada. All charges that may be incurred in connection with the delivery of the Product to DISTRIBUTOR, including, without limitation, in respect to freight, export duties, import duties, all applicable taxes, appropriate insurance and storage costs or any other payments required to process the products from OWNER’s warehouse in , Canada are the sole and exclusive responsibility of DISTRIBUTOR. 5.2 [OWNER shall not be obligated to consider accepting any order placed by DISTRIBUTOR pursuant to Section 4.3 unless, prior to or together with such order being placed by DISTRIBUTOR, DISTRIBUTOR shall make payment to OWNER in an amount equal to twenty-five percent (25%) of the aggregate price of such order, determined with reference to the prices set forth in Schedule “A” hereto.] 5.3 [Notwithstanding that OWNER may have accepted an order for Product pursuant to this Agreement following compliance by DISTRIBUTOR with Section 5.2 above, OWNER shall not be obligated to deliver such Product to DISTRIBUTOR unless, prior to the expected time of such delivery, DISTRIBUTOR shall make an additional payment to OWNER of a further amount equal to twenty-five percent (25%) of the aggregate price of such order, determined with reference to the prices set forth in Schedule “A” hereto.] 5.4 [Payment in full for all Product shipments shall be made by DISTRIBUTOR to OWNER in the following manner: (i) a deposit of 25% via wire transfer to OWNER’s bank account in , (particulars of which will be provided to DISTRIBUTOR) concurrently with the order by DISTRIBUTOR, (ii) 25% via wire transfer in the same manner as aforesaid prior to shipment by OWNER, and (iii) the balance of 50% within (60) days from the invoice shipping date by irrevocable letter of credit, issued in US Dollar funds by a reputable international bank approved by OWNER and its bank, or a Canadian Chartered Schedule I Bank acceptable to OWNER, so long as OWNER is able to secure and receive the continuing guarantee of Export Development Corporation in respect to any amount owing by DISTRIBUTOR from time to time. DISTRIBUTOR will pay interest on overdue accounts at a rate of prime plus three percent (3%). Furthermore, all bank charges and/or...

Product Pricing and Payment. 6.1 In the event Targus believes that the cost of a Product is in excess of a Commercially Reasonable Cost, Targus shall notify Mobility in writing of such circumstance, and Mobility shall have thirty days to provide a mutually acceptable written explanation as to how Mobility plans to cure the situation. If Mobility fails to cure the situation within ninety days thereafter, as to the Product in question, Targus may purchase and sell an Alternative Product. 6.2 Each Product shall have a purchase price as provided in Attachment 4 to this Agreement and Mobility shall use its best efforts to meet the Commercially Reasonable Cost requirements of Targus; provided, however, Mobility shall have the final right to establish its purchase prices. Mobility may change the purchase price of any Product upon seventy-five (75) days prior written notice to Targus. Mobility shall offer each Product to Targus at a purchase price that is not more than the purchase price offered to any other customer of Mobility, given similar volumes and timing of purchases and payment terms.

Product Pricing and Payment. Payment for ASI purchase orders subsequent to the initial stocking purchase order will be due within thirty (30) days of the date Product is shipped to ASI from OBI. With respect to Product, ASI will pay to OBI a transfer price for each individual Product as indicated under “Transfer Price” on Exhibit A (“Product Transfer Price(s)”). The Product Transfer Prices will be established each year on the anniversary of the Effective Date by mutual agreement to an updated version of Exhibit A by no later than [***] prior to such anniversary. The Parties agree and acknowledge, that it is the intention of the Parties that the Transfer Price shall be approximately [***] of ASI’s published list prices of each of the Products.

Product Pricing and Payment. 5.1 Subject to and in accordance with the terms and conditions hereof, OWNER agrees to sell to DISTRIBUTOR, and DISTRIBUTOR agrees to buy from OWNER, the Product at cost plus the compensation set forth in Schedule “A” hereto. All cost figures and compensation set forth in Schedule "A" hereto are in U.S. dollars All charges that may be incurred in connection with the delivery of the Product to DISTRIBUTOR, including, without limitation, in respect to freight, export duties, import duties, all applicable taxes, appropriate insurance and storage costs or any other payments required to process the products from Manufacturer's warehouse in Shenzhen City, China are the sole and exclusive responsibility of DISTRIBUTOR. 5.2 OWNER shall not be obligated to consider accepting any order placed by DISTRIBUTOR pursuant to Section 4.3 unless, prior to or together with such order being placed by DISTRIBUTOR, DISTRIBUTOR shall make payment to OWNER in an amount equal to fifty percent (50%) of the aggregate price of such order plus compensation owed to OWNER, set forth in Schedule “A” hereto. Payment of remaining fifty percent (50%) plus compensation owed to OWNER, set forth in Schedule “A” hereto shall be due upon completion of the manufacturing process and must be paid in full before product is to be shipped to DISTRIBUTOR. 5.3 All payments shall be made by DISTRIBUTOR to OWNER in the following manner: Via wire transfer to OWNER’s bank account in Las Vegas Nevada, USA, (particulars of which will be provided to DISTRIBUTOR) concurrently with the order by DISTRIBUTOR. 5.4 DISTRIBUTOR understands that cost as defined herein may increase as the result of manufacturer increasing pricing for either components, assembly or both. Further it is understood that an increase in cost shall be passed on from OWNER to DISTRIBUTOR and that such an increase does not change in anyway the compensation set forth in Schedule "A".

Product Pricing and Payment. Supplier shall invoice BSC for Products delivered to BSC in accordance with this Agreement and the purchase orders therefor at the prices set forth on Exhibit C attached hereto. BSC shall pay for Products [*] after the receipt of Supplier's invoice (provided that the invoice is received no earlier than the date that shipment is received) unless BSC is in dispute of any payment. During the term of this Agreement, BSC shall be responsible for paying all fees, whether payable by Supplier or BSC, owed to each GPO in connection with BSC's sales of the Products to such GPO's members in accordance with this Agreement and processes mutually agreed to by BSC and Supplier.

Product Pricing and Payment. 9.01 With respect to each gallon of Product lifted by the Purchaser at the Delivery Point, the Purchaser shall pay to the Seller: [Redacted – Purchase Price Calculation] (the “Purchase Price”). 9.02 The Purchaser shall use commercially reasonable efforts and methods to influence market selection, the price obtained for Product sold to Customers, and Transportation and Other Costs, in order to maximize the Purchase Price. 9.03 Purchaser and Seller mutually recognize that from time to time Purchaser may be able to develop an opportunity to optimize around the fuel marketing plan that will allow Seller to capture a netback greater than netbacks received with the base contracts put in place to market the fuel (a “value-added transaction”). Examples of value-added transactions may include the development of an alternative niche for the fuel through continuous market development and by specification changes to the fuel, as well as creative hedge strategies. Purchaser will present value-added transactions to the Seller for approval prior to execution with a written strategy and calculation showing the expected added margin. Seller has the sole discretion to accept or reject the value-added opportunity. If Seller accepts the opportunity, the value-added margin will be shared at the ratio of [Redacted – Margin]% for the Purchaser and [Redacted – Margin] % for the Seller. If a value-added transactions extends for a period greater than [Redacted – Timing] months, the marketing plan will be updated to reflect same and it will then be considered to be the new normal pricing and no longer eligible for value added margin split beyond that date. 9.04 The Seller shall pay or cause to be paid all valid levies, assessments, duties, rates and taxes (collectively, “Taxes”) on Product delivered hereunder. Where any Taxes are included in the price payable by the Purchaser or by any Customer, the Purchase Price hereunder shall be net after such Taxes. 9.05 For all Product purchased by the Purchaser from the Seller hereunder and shipped from the Plant during a one-week period beginning on Monday and ending on the following Sunday, the Purchaser shall pay the actual Purchase Price, if known, or an estimate of the Purchase Price if not known, to the Seller by wire transfer not later than [Redacted – Timing] days following the end of said one-week period. If, at calendar month’s end, the actual Purchase Price for the month exceeds the estimated Purchase Price, the Purchaser shall pay...

Product Pricing and Payment. Buyer shall make payment to Hoverfish for each Product in the amount identified in Hoverfish’s then-current price list in U.S. Dollars, plus all related handling, transportation and shipping costs. Hoverfish’s price list does not include any applicable sales, use, excise or other taxes, whether federal, state or local. Buyer shall be responsible for all payment and reporting obligations with respect to such taxes. Hoverfish shall initiate shipment of the Product to Buyer upon receipt of payment in full from Buyer. Shipment and delivery dates are estimates only and are not binding.

Product Pricing and Payment. Exhibit B is a schedule of CL’s pricing in U.S. dollars to Uroplasty for CL Product Components. Uroplasty will pay 30% of the purchase price for CL Product Components, in U.S. dollars, at the time Uroplasty places its purchase order. As to products that Uroplasty does not reject for defects, Uroplasty shall pay CL, in U.S. dollars, the remaining 70% balance net 60 days after receipt.

Product Pricing and Payment. Upon launch of the Customized Site, Peapod will collect funds from the ordering customer through its standard ordering procedures, and bear responsibility for credit card authorization and collection and fraud. Upon shipment, Great Food will invoice Peapod an amount equal to [***] of the then current Great Food standard retail price plus [***] of shipping charges per Great Food's then current shipping charge schedule. Peapod will pay such invoices on a monthly basis, not later than the 10th day of the month following receipt of invoice, less any reductions for returns or other credits consistent with Great Food's customer service policies.