Common use of Purchase Order Acceptance Clause in Contracts

Purchase Order Acceptance. Each purchase order shall be deemed to have been accepted by Supplier, upon receipt in a manner that provides proof of delivery, if the order quantity for that quarter is within [****] of the amount of Company Product set forth for that quarter in the forecast submitted by BioForm to Supplier before the beginning of the immediately prior quarter (the “Prior Forecast”) and within the agreed-upon lead-time for such Company Product. Each accepted purchase order shall give rise to a contract between BioForm and Supplier for the sale of the Company Product units ordered and shall be subject to and governed by the terms of this Agreement. The terms and conditions of this Agreement shall govern and supersede any additional or contrary terms set forth in BioForm’s purchase order or any Supplier or BioForm acceptance, confirmation, invoice, or other document unless duly signed by an officer or designee of both BioForm and Supplier expressly stating and identifying which specific additional or contrary terms shall supersede the terms and conditions of this Agreement.