Common use of Inventory Balancing Clause in Contracts

Inventory Balancing. Provided that the Distributor issue a simultaneous offsetting "purchase order, Distributor may, once during each quarter, return for credit Product purchased in excess of the quarterly Purchase Objectives for up to a maximum of [*] dollar sales invoiced by AltiGen Communications during the immediately preceding quarter. The credit issued for the returned inventory will be based on the [*] at which the Products were available to Distributor during the period commencing with the date on which the Product was purchased and ending on the date the Product was returned, and may be used on a dollar-for-dollar basis solely to purchase additional Product pursuant to the offsetting purchase order. The right to balance inventory granted herein must be exercised by the last day of the second month of the quarter. Distributor shall submit a request for authorization to return Product for inventory balancing which shall state the quantity of Product to be returned. Upon receipt of such request, AltiGen Communications shall issue a return of materials authorization number. Inventory returned under this section must be accompanied by a return of materials authorization number assigned by AltiGen Communications and (i) in merchantable condition, in its factory-sealed packaging, or (ii)if the returned Product is returned because defective by virtue of being in breach of the warranty provided for in the End User Agreement, returned with the entire contents of such Product package. All Product returned under this subsection (a) shall be returned within thirty (30) days of the date of issuance of the return of materials authorization number. Distributor shall pay for the shipping of returned Products to AltiGen Communications and AltiGen Communications shall pay for the shipping of replacement Product sent to Distributor.

Appears in 1 contract

Sources: Distribution Agreement (Altigen Communications Inc)

Inventory Balancing. Provided that the Distributor issue issues a simultaneous offsetting "purchase order, Distributor may, once during each quarter, return for credit Product purchased in excess of the quarterly Purchase Objectives for up to a maximum of [*] dollar sales invoiced by AltiGen Communications during the immediately preceding quarter. The credit issued for the returned inventory will be based on the [*] at which the Products were available to Distributor during the period commencing with the date on which the Product was purchased and ending on the date the Product was returned., and may be used on a dollar-for-dollar basis solely to purchase additional Product pursuant to the offsetting purchase order. The right to balance inventory granted herein must be exercised by the last day of the second month of the quarter. Distributor shall submit a request for authorization to return Product for inventory balancing which shall state the quantity of Product to be returned. Upon receipt of such request, AltiGen Communications shall issue a return of materials authorization number. Inventory returned under this section must be accompanied by a return of materials authorization number assigned by AltiGen Communications and (i) in merchantable condition, in its factory-sealed packaging, or (ii)if ii) if the returned Product is returned because defective by virtue of being in breach of the warranty provided for in the End End-User Agreement, returned with the entire contents of such Product package. All Product Products returned under this subsection (a5.1) shall be returned within thirty (30) days of the date of issuance of the return of materials authorization number. Distributor shall pay for the shipping of returned Products to AltiGen Communications and AltiGen Communications shall pay for the shipping of replacement Product sent to Distributor.

Appears in 1 contract

Sources: Distributor Agreement (Altigen Communications Inc)