Common use of Orders Delivery Clause in Contracts

Orders Delivery. (a) FCC shall order Product by sending to Flotek written purchase orders in the form attached hereto as Exhibit B. Flotek shall promptly, but in no event later than three (3) days after the date of such purchase order, confirm its acceptance or rejection of such purchase order by written notice to FCC. Flotek shall be obligated to accept all such purchase orders unless the orders for a particular quarter exceed the capacity of Flotek or exceed the FCC forecast for that quarter by more than 25%, provided, however, that, in such event, Flotek shall communicate to FCC the time period that will be required to satisfy such order assuming Flotek endeavors to satisfy such order as soon as practicable, and FCC shall inform Flotek within ten (10) days of such communication whether it will order such Product pursuant to the revised delivery terms. (b) Shipments of Product to FCC must be made by Flotek from Flotek’s facility within three (3) days of the date of the applicable purchase order. Delivery terms shall be FOB Waller, Texas. Transportation shall be arranged by FCC. All sales of Product subject to this Agreement shall be pursuant to the terms and conditions attached hereto as Exhibit C. (c) Flotek shall invoice FCC for Product at the time of shipment. Payment of Flotek invoices shall be due within sixty (60) days of the respective invoice date.