PURCHASE ORDER PLACEMENT. DELETE in its entirety and REPLACE in lieu thereof the following: “Buyer will provide Seller an annual blanket purchase order for the Products. Buyer may delay delivery by as much as 30 days, provided such delay notice is delivered to Seller not less than 60 days prior to the originally scheduled delivery date. As a condition of this Agreement, Buyer agrees to take delivery of a minimum of [ * ] Accelerator Assemblies per year, comprised of either part number [ * ] or part number [ * ], commencing with the effective date of this Agreement. Said minimum shall be binding upon the parties and any their successors or assigns. Notwithstanding the above, the Buyer will provide the purchasing forecast for Seller’s planning purpose only. Seller shall formally acknowledge Buyer’s purchase orders by fax or email and provide a confirmation of delivery dates. All products shall be delivered in full on or 5 days before the scheduled due date.
Appears in 2 contracts
Sources: Manufacturing Agreement (TomoTherapy Inc), Manufacturing Agreement (TomoTherapy Inc)