Common use of Order and Shipment Clause in Contracts

Order and Shipment. 5.01 ORDERS. All purchase orders for the Products placed by Distributor with Manufacturer shall be subject to the provisions of this Agreement. Any provision of any "special" order that is inconsistent with this Agreement or that may seek to impose any additional obligations upon Manufacturer shall be null and void unless approved in writing by both parties. Manufacturer will endeavor, so far as it may be practicable for it to do so, to fill such orders, but shall be under no liability to Distributor for any omission to do so, irrespective of the reason, nor shall any partial shipment or shipments against any order impose any liability upon Manufacturer with respect to the undelivered balance of any order.