Example ContractsClausesAcceptance of Purchase Orders
Acceptance of Purchase Orders
Acceptance of Purchase Orders contract clause examples

Acceptance of Purchase Orders. To the extent that a purchase order covers Product, ​, Patheon will accept the purchase order by sending an acknowledgement to Client, including the release date requested by Client. Subject to [Section 5.1(f)], if Patheon fails to acknowledge receipt of a purchase order within ten Business Days, the purchase order will be considered accepted by Patheon. An accepted purchase order will be binding on the parties (a “Firm Order”), except that either party may request to change any Release Date ​. Patheon will use ​. The parties will negotiate in good faith any requested alternative Release Date. Neither party may unreasonably reject an alternative Release Date requested under this [Section 5.1(d)], but, if the parties cannot agree, the original Release Date confirmed by Patheon will apply.

Acceptance of Purchase Orders. To the extent that a purchase order covers Product that is forecast in the Rolling Forecast, Patheon will accept the purchase order by sending an acknowledgement to Client, including the confirmed Release Dates. Subject to [Section 5.1(f)], if Patheon fails to acknowledge receipt of a purchase order within ten Business Days, the purchase order will be considered accepted by Patheon. An accepted purchase order will be binding on the parties (a “Firm Order”), except that either party may request to change any Release Date beyond 90 days after the first day of the next month. The parties will negotiate in good faith and agree on any requested alternative release date. Neither party may unreasonably reject an alternative release date requested under this [Section 5.1(d)], but, if the parties cannot agree, the original Release Date confirmed by Patheon will apply.

Acceptance of Purchase Orders. Provided that a purchase order is consistent with the Rolling Forecast, Patheon will accept the purchase order by sending an acknowledgement to Client, including the confirmed Release Dates. Subject to [Section 5.1(c)]. herein, if Patheon fails to acknowledge receipt of a purchase order within ​, the purchase order will be considered accepted by Patheon. An accepted purchase order will be binding on the parties (a “Firm Order”), except that either party may request to change the Release Date of the Product beyond ​ after ​. The parties will negotiate in good faith and agree on any requested alternative Release Date. Neither party may unreasonably reject an alternative Release Date requested under this [Section 5.1(d)], but, if the parties cannot agree, the original Release Date confirmed by Patheon will apply.

Acceptance of Purchase Orders. Takeda will confirm Company’s purchase order within ​ after receipt. Other than the delivery date, any terms and conditions contained in any Company purchase order will not be binding on Takeda, provided however that delivery shall be considered to have occurred on due date despite the Bulk Drug Product being delivered ​ before or after the delivery date specified in the purchase order. To the extent of any conflict between a purchase order and this Agreement, this Agreement will control. The Parties have agreed on a delivery forecast attached in Exhibit 3 and Company shall place purchase orders to Takeda according to the terms of this Agreement considering this agreed delivery forecast.

Acceptance of Purchase Orders. Takeda will confirm Company’s purchase order within ​ after receipt. Other than the delivery date, any terms and conditions contained in any Company purchase order will not be binding on Takeda, provided however that delivery shall be considered to have occurred on due date despite the Bulk Drug Product being delivered ​ before or after the delivery date specified in the purchase order. To the extent of any conflict between a purchase order and this Agreement, this Agreement will control. The Parties have agreed on a delivery forecast attached in Exhibit 3 and Company shall place purchase orders to Takeda according to the terms of this Agreement considering this agreed delivery forecast.

Purchase Orders and Acceptance. Customer shall order Product using written purchase orders (“Purchase Order(s)”). Purchase Orders shall state, at a minimum, the [[Illumina:Organization]] part number, the [[Illumina:Organization]] provided quote number (or other reference provided by [[Illumina:Organization]]), the quantity ordered, price, requested delivery date, and address for delivery. All Purchase Orders shall be sent to the attention of [[Illumina:Organization]] Customer Solutions or to any other person or department designated by [[Illumina:Organization]] in writing. Acceptance of a Purchase Order occurs when [[Illumina:Organization]] provides Customer a Sales Order Confirmation (“Order Confirmation”). Purchase Orders submitted in accordance with this Agreement will not be unreasonably rejected by [[Illumina:Organization]].

Purchase Orders. Customer shall place purchase orders binding on Customer for the number of Batches it wishes to order at least ​ months (or earlier as may be ​) prior to the Commencement Date for such Batches in accordance with [[Lonza:Organization]]’s most recent response to the Forecast. Each binding purchase order shall be signed by Customer and shall authorize [[Lonza:Organization]] to manufacture such Batches of the Product as are set forth therein. [[Lonza:Organization]] shall not be obligated to commence manufacture of any Batch unless and until such written purchase order is accepted in writing by [[Lonza:Organization]]. Any delivery date set forth in [[Lonza:Organization]]’s written confirmation of a purchase order shall be an estimated delivery date only. All ordered Batches shall be scheduled in a single Campaign in each calendar year unless otherwise agreed by [[Lonza:Organization]]. Any additional or inconsistent terms or conditions of any Customer purchase order, acknowledgement or similar standardized form given or received pursuant to this Agreement shall have no effect and such terms and conditions are hereby rejected.

Purchase Orders. Buyer shall submit binding orders for the Products to NuSil # in year one no less than ​ days prior, and # starting in year two to end of term, ​ days prior to the specified required date of delivery of the Products in a form agreed to

From time to time as provided in this Clause 4.3(A), Client shall submit to Catalent a binding, non-cancelable purchase order for Product specifying the number of Batches to be Processed, the Batch size (to the extent the Specifications permit Batches of different sizes) and the requested delivery date for each Batch (“Purchase Order”); provided, that no Purchase Order may be for less than one (1) Batch. Concurrently with the submission of each Rolling Forecast, Client shall submit a Purchase Order for the Firm Commitment. Purchase Orders for quantities of Product in excess of the Firm Commitment shall be submitted by Client at least ​ in advance of the delivery date requested in the Purchase Order.

Purchase Orders. Concurrent with its delivery of each forecast pursuant to [Section 5.1], Acorda shall issue a written purchase order (“Purchase Order”) for Manufacturer to manufacture and deliver the volume of Supplied Product, if any, set forth in the ​ of the forecast that has not already been the subject of a Purchase Order. Purchase Orders submitted to Manufacturer shall specify Acorda’s purchase order number, the volume of Supplied Product, applicable delivery dates (which shall be no earlier than ​ following the date on which the Purchase Order is submitted), and any other elements necessary to ensure the timely Manufacture and shipment of the ordered Supplied Product. Purchase Orders may be entered into under this Agreement by Acorda or, with the consent of Acorda, any of its Affiliates, licensees, or collaboration partners. The entity that executes a Purchase Order with Manufacturer shall be considered “Acorda” for all purposes of the Purchase Order and this Agreement and the Purchase Order shall be considered a two party agreement between Manufacturer and such entity. For clarity, Purchase Orders for Supplied Product executed by an Affiliate, licensee, or collaboration partner of Acorda shall contribute to Minimum Commitments, if any, and pricing tiers, if any, set forth under this Agreement. Acorda shall remain liable to Manufacturer for the Purchase Orders placed by such entity as if such entity were Acorda. Promptly following receipt of a Purchase Order, Manufacturer shall issue a written acknowledgement (each, an “Acknowledgement”) that it accepts or rejects such Purchase Order. Manufacturer shall accept any Purchase Order up and until the Capacity Reservation for the applicable Year has been exhausted (including accepting the Purchase Order partially). Each acceptance Acknowledgement shall either confirm the delivery date set forth in the Purchase Order or propose to Acorda a reasonable alternative delivery date, which shall apply if Acorda consents to such alternative delivery date, not to be unreasonably withheld. Manufacturer will use commercially reasonable efforts to accept any Purchase Order in excess of the Firm Commitment or the Capacity Reservation.

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