Purchase Orders and Forecasts. Within ten (10) days following the execution of this Agreement, Distributor shall provide Supplier with an initial six (6) months firm purchase order for the purchase of Products and a forecast of its Product requirements for the seventh (7th) through twelfth (12th) months thereafter divided on a monthly basis. Commencing with the fourth (4th) month of the first Contract Year and continuing thereafter, Distributor will provide Supplier, on or before the last day of each calendar month during the term of this Agreement, an additional firm purchase for Products for the third full calendar month thereafter and a revised or supplemental forecast of Product requirements for the fourth (4th) through ninth (9th) months thereafter (unless the term hereof is shorter), it being the intent that (except for the initial six months guaranteed purchase order) in general Distributor will provide three (3) months purchase orders and six (6) months forecasts on a rolling monthly basis during the term of this Agreement. Distributor’s purchase orders for a given month, in order to be conforming, must specify only delivery dates during that month. Distributor’s forecasts are non-binding, but shall be Distributor’s reasonable best estimate of its future Product requirements.
Purchase Orders and Forecasts. 10.1 During the term of this Agreement, Nevro shall issue quarterly Purchase Order(s) by the last day of each calendar quarter for Shipment Dates in the quarter two quarters in the future. By way of example, on or before December 31st Purchase Orders will be issued for Shipment Dates in the third quarter starting July 1st. Each successive quarter, Purchase Orders shall be issued for an additional quarter. The terms and conditions of this Agreement shall supersede printed terms on any Purchase Order, quotation, acknowledgement, confirmation or invoice.
Purchase Orders and Forecasts. Company shall provide to Pacira, on a [**] basis (or on a [**] basis, if the Committee so determines) throughout that portion of the Term that begins on the Commencement Date, forecasts of units of Product estimated to be required by Company during the upcoming twelve (12) month period. The first [**] ([**]) months of each forecast specifying Company’s requirements shall serve as a firm commitment for quantities of Product (for the PACIRA & EKR CONFIDENTIAL [**]) and shall be deemed to be a “Purchase Order” for the purposes of this Agreement, and the remaining [**] ([**]) months of each forecast shall be a non-binding estimate of requirements for such period. In each Purchase Order, Company shall specify the desired Delivery Date(s) for Product to be supplied during the [**] ([**]) month period covered by such Purchase Order. Pacira shall provide Company with a written acknowledgement of each Purchase Order from Company within five (5) days of receipt of the Purchase Order from Company as set forth in Section 4.5 below.
Purchase Orders and Forecasts. (a) The Customer’s purchase orders (“Orders’’) must be in writing and must provide the following information: (i) identification of the Products by quantity. model number, revision level and description; (ii) shipment instructions, including requested shipment date, and (ill) price. All Orders must incorporate by reference the terms and conditions of this Agreement. The terms and conditions of this Agreement shall supersede all terms and conditions contained in the Customer’s Orders. All requirements shall be scheduled per the Order, and all scheduled demand dates shall be regarded as dates of delivery to the Customer. Customer acknowledges that the Supplier’s unit price is dependent upon the Supplier committing to procure certain component/materials at volume quantities thus realizing the savings reflected in Supplier’s unit price. In the event the Customer fails to order the intended quantities represented, then the Customer agrees to reimburse the Supplier for any applicable costs incurred in connection with the Supplier committing to procure certain component/materials at annual volume quantities.
Purchase Orders and Forecasts. Solution is delivered based on F.O.B. term, that Company must deliver the products to the loading port. Company cannot adjust the price of the product at any time during the first 3 years of the agreement. Company shall have the right, in its sole discretion, to change such prices with one hundred eighty (180) days' written notice before the execution of the updated prices for the 4th and 5th year of the agreement. New prices will apply to all shipments made after such notice period. If there are unavoidable circumstances that the price must be adjusted, then both parties can negotiate and decide on the price issue. In addition, Distributor will pay all charges, including without limitation transportation charges and insurance premiums and shall be responsible for all taxes, duties and other governmental assessments (this includes, without limitation, sales taxes, unless Distributor provides appropriate resale certificates).
Purchase Orders and Forecasts. 5.1. DANA shall issue biweexxx shipping releases by direct computer order entry, specifying the quantities of COMPONENTS, delivery date and delivery location. Each such release will indicate an twelve (12) week rolling estimate of weekly volumes, the last ten (10) weeks of which are forecasts for planning purposes and the first two (2) weeks' volume requirements shall be a firm commitment. The firm orders submitted by DANA shall be effectivx xxter confirmation by SMARTIRE. SMARTIRE will use its best efforts to provide such confirmation within one (1) business day after receipt of the order. On specific long lead components (greater than six months lead time), DANA will develop a onx year forecast. SMARTIRE shall provide a list of long lead components for DANA's acknowledgement. Requests for additions or changes to this list shall be submitted to DANA for approval in wxxxxng and include an estimate of the associated costs and lead times by component.
Purchase Orders and Forecasts. 2 3.1 Exclusion............................................... 2 3.2 Forecasts............................................... 2 3.3 Purchase orders......................................... 2 3.4 Adds, Reschedules, Cancellations........................ 2 3.5 Liabilities............................................. 2
Purchase Orders and Forecasts a. Purchaser will provide to Manufacturer firm purchase orders for a minimum of sixty (60) days in advance of delivery of Products ("Purchase Orders"). Further, Purchaser will maintain a six month non-binding forecast by month of planned purchases of Products and will issue revisions of that forecast to Manufacturer monthly ("Forecast", as initially shown in Exhibit C and updated on a monthly basis beginning thirty (30) days after the Effective Date). Manufacturer will purchase materials to support Purchase Order demand ("Materials"). Materials purchased may exceed actual Purchase Order demand due to minimum or economic order quantity requirements of Materials suppliers. Manufacturer will provide Purchaser with a list at quarterly business reviews of those Materials subject to such minimum or economic order quantity requirements. Purchaser is responsible, and will pay in accordance with Section 4(a), for Material purchased to support Purchaser's Purchase Orders, to fulfill the first sixty (60) days of the Forecast as in effect from time to time, or with Purchaser's pre-approval, purchased to support Purchaser's non-binding Forecast. If in case of Purchaser requests schedule reductions or cancellations, Manufacturer will use commercially practicable efforts to reschedule or cancel such Materials. Purchaser will maintain a minimum of sixty (60) days of Products on order at all times. Each Purchase Order shall become effective upon acceptance of the order by Manufacturer.
Purchase Orders and Forecasts. ICU shall deliver purchase orders on its then applicable purchase order form to Hospira at least 60 days prior to the delivery date specified therein. Each such purchase order shall include the following information: Specified Component list number and description, quantity, price, requested delivery schedule, delivery location, and shipping instructions. Hospira shall ship Specified Components ordered by ICU, FCA (Incoterms 2000) Hospira's manufacturing facility. Other purchase order terms shall be negotiated in good faith by the Parties. ICU shall provide Hospira with a rolling 12 month forecast of its monthly requirements for the Specified Components prior to the first day of each calendar month during the Term, with the first three months of each such forecast constituting a binding commitment by ICU to purchase such quantities. On a monthly basis, ICU shall issue purchase orders in accordance with this Section 5.2 for the delivery during each month of the quantities of Specified Components as to which the then-current forecast is binding. The last nine months of the forecast will not be binding on either Party and will be used only for planning purposes.
Purchase Orders and Forecasts a. Purchases and sales between the parties hereto under the Agreement shall be affected by the placement of Purchase Orders (P/Os) by Vodavi and of acceptance thereof by LGE. Vodavi shall issue the P/Os ninety (90) days prior to Vodavi’s requested on-board date by e-mail transmission addressed to LGE. Notice of acceptance of any P/O or rejection of items for any reason shall be sent to Vodavi within fourteen (14) days after the receipt by LGE of the P/O. LGE will acknowledge the on-board date to Vodavi within fourteen (14) days after the receipt of the P/O by LGE. If LGE fails to acknowledge any P/O within fourteen (14) days after the receipt of such order, then the requested on-board date shall be the acknowledged on-board date.
