Common use of ORDERING PROCEDURE, PAYMENT TERMS, DELIVERY Clause in Contracts

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.

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 9 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.