Purchase Orders and Forecasts. a. Purchaser will provide to Manufacturer firm purchase orders for a minimum of sixty (60) days in advance of delivery of Products. Further, Purchaser will maintain a six month non-binding forecast by month of planned purchases of Products and will issue revisions of that forecast to Manufacturer monthly. Manufacturer will purchase materials per purchase order and forecast based on lead-time and inventory-class buy policy. Purchaser is responsible for material purchased upon Purchaser's purchase order or, with Purchaser's pre-approval, purchased upon Purchaser's non-binding forecast, in case of Purchaser requested schedule reductions or cancellations, but only for items that cannot be rescheduled or cancelled. Purchaser will maintain a minimum of sixty (60) days of Products on order at all times. Each purchase order shall become effective upon acceptance of the order by Manufacturer. b. Purchaser may reschedule deliveries on Products under purchase orders in accordance with the following schedule: Number of days prior to the original schedule Maximum percentage of the Product quantity by which the delivery date that written notice of a change the scheduled delivery can be decreased or rescheduled OR rescheduling is received by Solectron. for later delivery without incurring cancellation charges. 00 - 60 DAYS 0% can be rescheduled. Total volume is firm. Mix changes are acceptable with thirty (30) calendar days prior written notice. Purchaser remains fully liable for all material. 61 - 90 DAYS 25% of total volume can be rescheduled, one time per purchase order, only, for a maximum reschedule of sixty (60) days from the original delivery date acknowledged by Manufacturer. Purchaser will be responsible for a one percent per month carrying charge on Manufacturer's cost of the material acquired pursuant to the original delivery date that cannot be rescheduled or cancelled. 91 - 120 DAYS 50% of total volume can be rescheduled. Purchaser will be responsible for a one percent per month carrying charge on Manufacturer's cost of the material acquired pursuant to the original delivery date that cannot be rescheduled or cancelled. 120 + DAYS 100% of total volume can be rescheduled. If a Purchaser requested reschedule represents an acceleration or increase, Manufacturer shall use commercially reasonable efforts to meet Purchaser's request. Purchaser shall be responsible for the costs reasonably and directly incurred by Manufacturer to meet Purchaser's request, subject to prior written notification to and written approval by Purchaser. The maximum amount of rescheduled Product is limited also by the capability of Manufacturer to produce the remaining Product, as contracted, within the time remaining in the Term. Should Purchaser request a reschedule of product (while meeting all other reschedule constraint conditions) beyond the term of this Agreement or such that Manufacturer cannot complete the total contracted production within the Term of this Agreement due to manufacturing capacity constraints, material procurement constraints, or any other situations not caused or controlled by Manufacturer, then Manufacturer and Purchaser shall discuss reasonable solutions to such scheduling problems, including extending the term of this Agreement to accommodate those problems. c. Upon Manufacturer's request, Purchaser may give written authorization to Manufacturer to order or procure materials with long lead-times in order to improve Manufacturer's ability to respond to changes in Purchaser's forecast. Specific limits regarding the quantity and/or dollar value of this material shall be documented in writing and provided to Purchaser on a case-by-case basis. d. Purchaser shall not be responsible for rescheduling charges if Purchaser reschedules delivery of Products as a result of Manufacturer's failure to deliver Products which meet the requirements of this Agreement or to deliver Products in accordance with specified delivery schedules. e. All purchase orders issued by Purchaser shall contain the following information: 1. Purchaser's part number, description, and revision level of Product to be shipped. 2. The delivery schedule. 3. The unit price. No more than one type of Product can be ordered per purchase order.
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Purchase Orders and Forecasts. a. Purchaser will provide to Manufacturer firm (a) The Customer’s purchase orders for a minimum (“Orders”) must be in writing and must provide the following information: (i) identification of sixty the Products by quantity. model number, revision level and description; (60ii) days shipment instructions, including requested shipment date, and (ill) price. All Orders must incorporate by reference the terms and conditions of this Agreement. The terms and conditions of this Agreement shall supersede all terms and conditions contained in advance the Customer’s Orders. All requirements shall be scheduled per the Order, and all scheduled demand dates shall be regarded as dates of delivery of Productsto the Customer. FurtherCustomer acknowledges that the Supplier’s unit price is dependent upon the Supplier committing to procure certain component/materials at volume quantities thus realizing the savings reflected in Supplier’s unit price. In the event the Customer fails to order the intended quantities represented, Purchaser will maintain a six month non-binding forecast by month of planned purchases of Products and then the Customer agrees to reimburse the Supplier for any applicable costs incurred in connection with the Supplier committing to procure certain component/materials at annual volume quantities.
(b) The Customer will issue revisions of that forecast to Manufacturer monthly. Manufacturer will purchase materials per an initial purchase order and forecast based on lead-time and inventory-class buy policy. Purchaser is responsible to the Supplier for material purchased upon Purchaser's purchase order or, with Purchaser's pre-approval, purchased upon Purchaser's non-binding forecast, in case of Purchaser requested schedule reductions or cancellations, but only for items that cannot be rescheduled or cancelled. Purchaser will maintain a minimum of sixty the first ninety (6090) days of Products on production for each product, at the agreed to pricing and made part of this agreement as Exhibit B. The initial order will be used as. the basis to establish annual material volumes and pricing, ongoing price shall be negotiated in good faith with releases of revisions and ECO at all timesthe request of either party. Each purchase order shall become effective upon acceptance of the order by Manufacturer.
b. Purchaser may reschedule deliveries on Products under purchase orders in accordance with the following schedule: Number of days prior to the original schedule Maximum percentage of the Product quantity by which the delivery date that written notice of a change the scheduled delivery can be decreased or rescheduled OR rescheduling is received by Solectron. for later delivery without incurring cancellation charges. 00 - 60 DAYS 0% can be rescheduled. Total volume is firm. Mix changes are acceptable with The Customer will thereafter provide an additional thirty (30) calendar days prior written notice. Purchaser remains fully liable for all material. 61 - 90 DAYS 25% of total volume can be rescheduledscheduled releases every thirty (30) days, one time per purchase orderafter the first thirty (30) days, only, for a maximum reschedule establishing an ongoing ninety (90) day schedule of sixty (60) days from the original delivery date acknowledged by Manufacturer. Purchaser will be responsible for a one percent per month carrying charge on Manufacturer's cost of the material acquired pursuant to the original delivery date that cannot be rescheduled or cancelled. 91 - 120 DAYS 50% of total volume can be rescheduled. Purchaser will be responsible for a one percent per month carrying charge on Manufacturer's cost of the material acquired pursuant to the original delivery date that cannot be rescheduled or cancelled. 120 + DAYS 100% of total volume can be rescheduled. If a Purchaser requested reschedule represents an acceleration or increase, Manufacturer shall use commercially reasonable efforts to meet Purchaser's request. Purchaser shall be responsible for the costs reasonably and directly incurred by Manufacturer to meet Purchaser's request, subject to prior written notification to and written approval by Purchaserreleases. The maximum amount of rescheduled Product is limited also by Customer will provide the capability of Manufacturer to produce the remaining Product, as contracted, within the time remaining in the Term. Should Purchaser request a reschedule of product (while meeting all other reschedule constraint conditions) beyond the term of this Agreement or such that Manufacturer cannot complete the total contracted production within the Term of this Agreement due to manufacturing capacity constraints, material procurement constraints, or any other situations not caused or controlled by Manufacturer, then Manufacturer and Purchaser shall discuss reasonable solutions to such scheduling problems, including extending the term of this Agreement to accommodate those problems.
c. Upon Manufacturer's request, Purchaser may give written Supplier with purchase authorization to Manufacturer to order or procure materials with obtain long lead-times time materials within the second I1in.ety (90) days to ensure compliance with the Customer’s forecasted demand. The Supplier agrees to use prudent purchasing practices in order to improve Manufacturer's ability to respond to changes in Purchaser's procuring any material on behalf of the Customer beyond the three (3) months of scheduled :releases. The Customer will provide the Supplier with a six (6) month planning forecast beyond the 3-month schedule releases and the three (3) months demand forecast. Specific limits regarding During the quantity and/or dollar value first week of this material shall be documented in writing each month the designated Customer representative and provided to Purchaser on the designated Supplier representative will establish a case-by-case basisnew three (3) month demand forecast and a new 6 month planning forecast.
d. Purchaser shall not be responsible for rescheduling charges if Purchaser reschedules delivery of Products as a result of Manufacturer's failure to deliver Products which meet the requirements of this Agreement or to deliver Products in accordance with specified delivery schedules.
e. All purchase orders issued by Purchaser shall contain the following information:
1. Purchaser's part number, description, and revision level of Product to be shipped.
2. The delivery schedule.
3. The unit price. No more than one type of Product can be ordered per purchase order.
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Purchase Orders and Forecasts. a. Purchaser will provide to Manufacturer firm (a) The Customer’s purchase orders for a minimum (“Orders’’) must be in writing and must provide the following information: (i) identification of sixty the Products by quantity. model number, revision level and description; (60ii) days shipment instructions, including requested shipment date, and (ill) price. All Orders must incorporate by reference the terms and conditions of this Agreement. The terms and conditions of this Agreement shall supersede all terms and conditions contained in advance the Customer’s Orders. All requirements shall be scheduled per the Order, and all scheduled demand dates shall be regarded as dates of delivery of Productsto the Customer. FurtherCustomer acknowledges that the Supplier’s unit price is dependent upon the Supplier committing to procure certain component/materials at volume quantities thus realizing the savings reflected in Supplier’s unit price. In the event the Customer fails to order the intended quantities represented, Purchaser will maintain a six month non-binding forecast by month of planned purchases of Products and then the Customer agrees to reimburse the Supplier for any applicable costs incurred in connection with the Supplier committing to procure certain component/materials at annual volume quantities.
(b) The Customer will issue revisions of that forecast to Manufacturer monthly. Manufacturer will purchase materials per an initial purchase order and forecast based on lead-time and inventory-class buy policy. Purchaser is responsible to the Supplier for material purchased upon Purchaser's purchase order or, with Purchaser's pre-approval, purchased upon Purchaser's non-binding forecast, in case of Purchaser requested schedule reductions or cancellations, but only for items that cannot be rescheduled or cancelled. Purchaser will maintain a minimum of sixty the first ninety (6090) days of Products on production for each product, at the agreed to pricing and made part of this agreement as Exhibit B. The initial order will be used as. the basis to establish annual material volumes and pricing, ongoing price shall be negotiated in good faith with releases of revisions and ECO at all timesthe request of either party. Each purchase order shall become effective upon acceptance of the order by Manufacturer.
b. Purchaser may reschedule deliveries on Products under purchase orders in accordance with the following schedule: Number of days prior to the original schedule Maximum percentage of the Product quantity by which the delivery date that written notice of a change the scheduled delivery can be decreased or rescheduled OR rescheduling is received by Solectron. for later delivery without incurring cancellation charges. 00 - 60 DAYS 0% can be rescheduled. Total volume is firm. Mix changes are acceptable with The Customer will thereafter provide an additional thirty (30) calendar days prior written notice. Purchaser remains fully liable for all material. 61 - 90 DAYS 25% of total volume can be rescheduledscheduled releases every thirty (30) days, one time per purchase orderafter the first thirty (30) days, only, for a maximum reschedule establishing an ongoing ninety (90) day schedule of sixty (60) days from the original delivery date acknowledged by Manufacturer. Purchaser will be responsible for a one percent per month carrying charge on Manufacturer's cost of the material acquired pursuant to the original delivery date that cannot be rescheduled or cancelled. 91 - 120 DAYS 50% of total volume can be rescheduled. Purchaser will be responsible for a one percent per month carrying charge on Manufacturer's cost of the material acquired pursuant to the original delivery date that cannot be rescheduled or cancelled. 120 + DAYS 100% of total volume can be rescheduled. If a Purchaser requested reschedule represents an acceleration or increase, Manufacturer shall use commercially reasonable efforts to meet Purchaser's request. Purchaser shall be responsible for the costs reasonably and directly incurred by Manufacturer to meet Purchaser's request, subject to prior written notification to and written approval by Purchaserreleases. The maximum amount of rescheduled Product is limited also by Customer will provide the capability of Manufacturer to produce the remaining Product, as contracted, within the time remaining in the Term. Should Purchaser request a reschedule of product (while meeting all other reschedule constraint conditions) beyond the term of this Agreement or such that Manufacturer cannot complete the total contracted production within the Term of this Agreement due to manufacturing capacity constraints, material procurement constraints, or any other situations not caused or controlled by Manufacturer, then Manufacturer and Purchaser shall discuss reasonable solutions to such scheduling problems, including extending the term of this Agreement to accommodate those problems.
c. Upon Manufacturer's request, Purchaser may give written Supplier with purchase authorization to Manufacturer to order or procure materials with obtain long lead-times time materials within the second I1in.ety (90) days to ensure compliance with the Customer’s forecasted demand. The Supplier agrees to use prudent purchasing practices in order to improve Manufacturer's ability to respond to changes in Purchaser's procuring any material on behalf of the Customer beyond the three (3) months of scheduled :releases. The Customer will provide the Supplier with a six (6) month planning forecast beyond the 3-month schedule releases and the three (3) months demand forecast. Specific limits regarding During the quantity and/or dollar value first week of this material shall be documented in writing each month the designated Customer representative and provided to Purchaser on the designated Supplier representative will establish a case-by-case basisnew three (3) month demand forecast and a new 6 month planning forecast.
d. Purchaser shall not be responsible for rescheduling charges if Purchaser reschedules delivery of Products as a result of Manufacturer's failure to deliver Products which meet the requirements of this Agreement or to deliver Products in accordance with specified delivery schedules.
e. All purchase orders issued by Purchaser shall contain the following information:
1. Purchaser's part number, description, and revision level of Product to be shipped.
2. The delivery schedule.
3. The unit price. No more than one type of Product can be ordered per purchase order.
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Purchase Orders and Forecasts. a. Purchaser will provide to Manufacturer firm purchase orders for a minimum of sixty (60) days in advance of delivery of ProductsProducts ("Purchase Orders"). Further, Purchaser will maintain a six month non-binding forecast by month of planned purchases of Products and will issue revisions of that forecast to Manufacturer monthlymonthly ("Forecast", as initially shown in Exhibit C and updated on a monthly basis beginning thirty (30) days after the Effective Date). Manufacturer will purchase materials per purchase to support Purchase Order demand ("Materials"). Materials purchased may exceed actual Purchase Order demand due to minimum or economic order and forecast based on lead-time and inventory-class buy policyquantity requirements of Materials suppliers. Manufacturer will provide Purchaser with a list at quarterly business reviews of those Materials subject to such minimum or economic order quantity requirements. Purchaser is responsible responsible, and will pay in accordance with Section 4(a), for material Material purchased upon to support Purchaser's purchase order orPurchase Orders, to fulfill the first sixty (60) days of the Forecast as in effect from time to time, or with Purchaser's pre-approval, purchased upon to support Purchaser's non-binding forecast, Forecast. If in case of Purchaser requested requests schedule reductions or cancellations, but only for items that cannot be rescheduled Manufacturer will use commercially practicable efforts to reschedule or cancelledcancel such Materials. Purchaser will maintain a minimum of sixty (60) days of Products on order at all times. Each purchase order Purchase Order shall become effective upon acceptance of the order by Manufacturer.
b. Purchaser may reschedule deliveries on Products under purchase orders Purchase Orders in accordance with the following schedule: Number of days prior to the original schedule Maximum percentage of the Product schedule delivery date that written quantity by which the delivery date that written scheduled notice of a change the scheduled OR rescheduling is delivery can be decreased or rescheduled OR rescheduling is received by SolectronManufacturer. rescheduled for later delivery without incurring cancellation chargescharges (other than as provided in Exhibit H). 00 - 60 DAYS 0% can be rescheduled. Total volume is firm. Mix Product mix changes are acceptable with thirty (30) calendar ARRIS - PLEXUS MANUFACTURING AGREEMENT days prior written notice. Purchaser remains fully liable responsible and will pay in accordance with Section 4(a) for all materialMaterial, work-in-process Material and finished goods Products. 61 - 90 DAYS 25% of total volume can be rescheduled, one time per purchase order, Purchase Order only, for a maximum reschedule of sixty (60) days from the original delivery date acknowledged by Manufacturer. Purchaser will be responsible for a one percent per month carrying charge on Manufacturer's cost of the material Material acquired pursuant to the original delivery date that cannot be returned, rescheduled or cancelled. cancelled per the terms defined in Exhibit H 91 - 120 DAYS 50% of total volume can be rescheduledrescheduled or canceled. Purchaser will be responsible for a one percent per month carrying charge on Manufacturer's cost of the material Material acquired pursuant to the original delivery date that cannot be returned, rescheduled or cancelled. cancelled per the terms of Exhibit H 120 + DAYS 100% of total volume can be rescheduledrescheduled or canceled. Purchaser will be responsible for Material acquired pursuant to the original delivery date that cannot be returned, rescheduled or cancelled per the terms of Exhibit H If a Purchaser requested reschedule represents an acceleration or increase, Manufacturer shall use commercially reasonable efforts to meet Purchaser's request. Purchaser shall be responsible for the costs reasonably and directly incurred by Manufacturer to meet Purchaser's request, subject to prior written notification to and written approval by Purchaser. The maximum amount of rescheduled Product is limited also by the capability of Manufacturer to produce the remaining Product, as contracted, within the time remaining in the Term. Should Purchaser request a reschedule of product (while meeting all other reschedule constraint conditions) beyond the term of this Agreement or such that Manufacturer cannot complete the total contracted production within the Term of this Agreement due to manufacturing capacity constraints, material procurement constraints, or any other situations not caused or controlled by Manufacturer, then Manufacturer and Purchaser shall discuss reasonable solutions to such scheduling problems, including extending the term of this Agreement to accommodate those problems.
c. Upon Manufacturer's request, Purchaser may give written authorization to Manufacturer to order or procure materials Materials with long lead-times in order to improve Manufacturer's ability to respond to changes in Purchaser's forecastForecast. Specific limits regarding the quantity and/or dollar value of this material Material shall be documented in writing and provided to Purchaser on a case-by-case basisfrom time to time. This right shall not arise unless Purchaser gives express written authorization for the specific amount of Material to be procured.
d. Purchaser shall not be responsible for rescheduling charges if Purchaser reschedules delivery of Products as a result of Manufacturer's failure to deliver Products which meet the requirements of this Agreement or to deliver Products in accordance with specified delivery schedules.
e. All purchase orders Purchase Orders issued by Purchaser shall contain the following information:
1. Purchaser's part number, description, and revision level of Product to be shipped.
2. The delivery schedule.
3. The unit price.
f. Manufacturer will ship Products on Purchaser's behalf directly to Purchaser's customer's via a "drop shipment" methodology. No more than one type Purchaser and Manufacturer will make reasonable efforts to develop a model whereby Purchaser will provide blanket orders to Manufacturer to support Manufacturer's assembly of Product can to a certain level of assembly. These lower level assemblies would then be ordered configured and shipped per purchase ordersubsequent orders issued by Purchaser (the parties will work in good faith to reach agreement on the details of this model prior to commencement of standard Product shipments, which agreement will be in writing and signed by both parties).
g. Any Material deemed obsolete due to an ECO or no future scheduled demand will be reported to Purchaser on a monthly basis. Purchaser shall make reasonable efforts to review such report and buy any obsolete inventory from Manufacturer within 30 business days.
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