Supply Offer definition
Examples of Supply Offer in a sentence
If BSE has reasonable cause to believe that the price specified in a Supply Offer is not in line with the foregoing, BSE may request a review pursuant to ARTICLE 4.
Where there is a conflict between the description of Service and Supply Offer and Agreement and the Purchase Order, the description set out in the Purchase Order shall take precedence.
The Service is provided strictly on the basis that the Customer pays all costs and charges due under the Agreement and set out in the Service and Supply Offer and Agreement as varied from time to time.
All communications under this Agreement which are required to be in writing shall be sent by email to the address nominated by the Customer in writing in the Service and Supply Offer and Agreement or such other address as may be normally used by the Customer.
BSE may dispute the competitiveness of a Supply Offer with respect to any one or more pieces of Specified Equipment described in any Supply Offer.
If BSE requests a review of any price specified for a piece of Specified Equipment in a Supply Offer pursuant to Section 3.2, BSE shall within [*] of receiving the Supply Offer, deliver a notice to Alstom requesting such review (a “Price Review Notice”), and the competitiveness of the Supply Offer with respect to the applicable piece of Specified Equipment shall be reviewed pursuant to the procedure in this ARTICLE 4.
If the price specified in the Supply Offer for the applicable Specified Equipment is more than [*]% of the Market Price, then the Parties shall enter into additional discussions for a period of [*]to attempt to improve the price to make it acceptable to BSE.
BSE may not award the tender to a third party if the price and terms offered by such third party are not more favourable to BSE than those for the applicable Specified Equipment in the Supply Offer.
In any event, if a Supply Offer does not result in related executed Equipment Supply Agreement(s) within [*] of the Supply Offer, the Supply Offer will no longer be credited against the Exclusive Project Limit and the provisions of this Agreement will be reinstituted going forward with respect to the size and number of the Preferred Supply Projects covered by such Supply Offer.
At any time prior to the expiration of the thirty (30) day period following Zymergen’s receipt of the Offer Notice (the “Exercise Period'”), Zymergen may accept the Supply Offer by delivery to Sumitomo of a binding letter of intent containing the Material Terms and any standard and customary conditions applicable to a transaction of this nature, executed by Zymergen.