ORDERING PROCEDURE, PAYMENT TERMS, DELIVERY Clause Samples

ORDERING PROCEDURE, PAYMENT TERMS, DELIVERY. A. Distributor shall order the Products by delivery to GDTI of a written purchase order. Each purchase order shall include the quantity of Product, the type of license under which such Product will be licensed to an end user, a requested ship date for each item, the method of shipment (which shall be mutually agreeable to the parties) and the location to which the Product should be shipped. B. In the event Distributor is in default of any obligation under this Agreement, GDTI need not accept any purchase order issued by Distributor and will not be liable to Distributor or to any other person if it decides not to accept a purchase order as a result of such default or for products not covered under Schedule A of this Agreement. C. GDTI will use its commercially reasonable efforts to meet the requested ship date in Distributor's purchase order but will not be liable to Distributor or to any other person if it fails to meet the requested ship date. Orders without requested ship date will be processed for shipment within five business days. D. GDTI has the right to reject a purchase order or part thereof for late payment of invoices, or failure to provide adequate assurances of Distributor's ability to make the required payments in a timely fashion or to meet its other obligations under this Agreement. E. GDTI will invoice Distributor for Products shipped at the time of shipment or after shipment. Distributor shall pay to GDTI the applicable price for any item within thirty (30) days after delivery to Distributor of the invoice for such item. In the event that Distributor fails to make any payments required hereunder on a timely basis, GDTI may require that payment of subsequent invoices be made by certified check made payable to "Guardian Technologies International, Inc." or by bank wire transfer to a bank account specified by GDTI, or as otherwise determined by GDTI. Late payment charges shall be the lesser of two percent (2%) per month (24% per annum) or the highest rate allowable under applicable law. All payments made under this Agreement shall be in U.S. dollars.
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  • Project Delivery Order Procedures The TIPS Member having approved and signed an interlocal agreement, or other TIPS Membership document, may make a request of the awarded vendor under this Agreement when the TIPS Member has services that need to be undertaken. Notification may occur via phone, the web, email, fax, or in person. Upon notification of a pending request, the awarded vendor shall make contact with the TIPS Member as soon as possible, but must make contact with the TIPS Member within two working days. Scheduling of projects (if applicable) may be accomplished when the TIPS Member issues a Purchase Order and/or an Agreement or Contract that will serve as “the notice to proceed” as agreed by the Vendor and the TIPS Member. The period for the delivery order will include the mobilization, materials purchase, installation and delivery, design, weather, and site cleanup and inspection. No additional claims may be made for delays as a result of these items. When the tasks have been completed the awarded vendor shall notify the client and have the TIPS Member or a designated representative of the TIPS Member inspect the work for acceptance under the scope and terms in the Purchase Order and/or Agreement or Contract. The TIPS Member will issue in writing any corrective actions that are required. Upon completion of these items, the TIPS Member will issue a completion notice and final payment will be issued per the contractual requirements of the project with the TIPS Member. Any Construction contract prepared by the TIPS Member’s Legal Counsel may alter the terms of this subsection, “Scheduling of Projects”.

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