Common use of Purchase Order Acceptance Clause in Contracts

Purchase Order Acceptance. BreconRidge will communicate its acceptance of any purchase order (or part thereof) issued in accordance with the terms stated herein by delivering, by any method mutually agreeable to the parties, a Sales Acknowledgement to Customer. In the case of purchase orders consistent with the Forecast, such acceptance shall be within three (3) business days, where business days are those of the applicable recipient of the purchase order, of receipt of such purchase order and, in the case of requested changes by Customer to a purchase order or for a purchase order which does not conform to the applicable Forecast, such acceptance shall be within five (5) business days, where business days are those of the applicable recipient of the purchase order, from receipt of such purchase order. Notwithstanding the foregoing, after General Availability (“GA”) of a Product, purchase orders for that Product, issued in accordance with the terms stated herein, will not require communication by BreconRidge of its acceptance. Any purchase order, issued in accordance with the terms stated herein, including a purchase order issued after GA, for which BreconRidge has not delivered a Sales Acknowledgement or a rejection within the aforementioned time period from receipt, shall be deemed to be accepted. BreconRidge may only reject a purchase order: (a) that is an amended order in accordance with Section 5.2 below because the purchase order is outside of the Flexibility Table; (b) if the Prices reflected in the purchase order are inconsistent with the parties’ agreement with respect to the Prices and can not be resolved through an agreed hold and amend process conducted by the respective program managers of the parties; or (c) if the purchase order represents a significant deviation from the Forecast for the same period, unless such deviation is within the parameters of the Flexibility Table. BreconRidge shall notify Customer of rejection of any purchase order issued in accordance with the terms stated herein within five (5) Business Days of receipt of such purchase order.

Purchase Order Acceptance. BreconRidge Flextronics will communicate convey its acceptance of any purchase order (or part thereof) issued in accordance with the terms stated herein by delivering, by any method mutually agreeable to the parties, delivering a Sales Acknowledgement to Customer. In , in the case of purchase orders consistent with the Forecast, such acceptance shall be within three (3) business days, where business days are those of the applicable recipient of the purchase order, Business Days of receipt of such purchase order and, in the case of requested changes by Customer to a purchase order or for a purchase order which does not conform to the applicable Forecast, such acceptance shall be within five (5) business days, where business days are those of the applicable recipient of the purchase order, Business Days from receipt of such purchase order. Notwithstanding the foregoing, after General Availability general availability (“GA”) of a Product, purchase orders for that Product, issued in accordance with the terms stated herein, will not require communication by BreconRidge Flextronics of its acceptance. Any purchase order, issued in accordance with the terms stated herein, including a purchase order issued after GA, for which BreconRidge Flextronics has not delivered a Sales Acknowledgement or a rejection within the aforementioned time period from receipt, shall be deemed to be accepted. BreconRidge Flextronics may only reject a purchase order: (a) that is an amended order in accordance with Section 5.2 below because the purchase order is outside of the Flexibility Table; (b) if the Prices fees reflected in the purchase order are inconsistent with the parties’ agreement with respect to the Prices fees and can not be resolved through an agreed hold and amend process conducted by the respective program managers of the partiesParties; or (c) if the purchase order represents a significant deviation from the Forecast forecast for the same period, unless such deviation is within the parameters of the Flexibility Table; or (d) if a purchase order would extend Flextronics’s liability beyond Customer’s approved credit line as determined pursuant to Section 3.10. BreconRidge Flextronics shall notify Customer of rejection of any purchase order issued in accordance with the terms stated herein within five (5) Business Days of receipt of such purchase order.