Purchase Orders; Precedence Clause Samples
The "Purchase Orders; Precedence" clause establishes the relationship between purchase orders and the main contract, specifying which document's terms take priority in the event of a conflict. Typically, this clause clarifies that the terms of the master agreement will override any conflicting terms in individual purchase orders, or vice versa, depending on the parties' intent. For example, if a purchase order contains delivery dates or pricing that differ from the main contract, this clause determines which terms govern. Its core function is to prevent disputes and confusion by clearly identifying which document controls when inconsistencies arise.
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Purchase Orders; Precedence. Customer may use its standard purchase order form for any notice provided for hereunder; provided that all purchase orders must reference this Agreement and the applicable Specifications. The parties agree that the terms and conditions contained in this Agreement shall prevail over any terms and conditions of any such purchase order, acknowledgment form or other instrument.
Purchase Orders; Precedence. Each purchase order shall specify Customer’s requirements for Product on a **** basis and shall include requested **** delivery dates. Customer may use its standard purchase order form submitted in writing or electronically; provided that all purchase orders must reference this Agreement and the applicable Specifications. The parties agree that in the event of a disagreement in terms and conditions, the terms and conditions contained in this Agreement shall prevail over any terms and conditions of any such purchase order, acknowledgment form or other instrument. Customer shall have the right to purchase any subassembly used in manufacturing a Product from Flextronics at any given time with reasonable expectations on the lead time for delivery. Customer shall submit a purchase order for any subassembly stating a requested delivery date. The price for such subassembly shall be agreed by the parties, but shall be based on the principles described in Section 3.4(a).
Purchase Orders; Precedence. SharkNinja and its Affiliates may use their standard purchase order form for any Products ordered from Joyoung hereunder (each, a “Purchase Order”). Each Purchase Order shall specify the type and quantity of Products to be supplied, the freight type, the delivery dates and the destinations for the delivery of the Products and any other terms consistent with this Agreement which SharkNinja may reasonably specify. Joyoung shall only manufacture Products, or have Products manufactured by its Affiliates or Approved OEMs, for SharkNinja and its Affiliates (i) after receiving a Purchaser Order from SharkNinja and (ii) in compliance with each such Purchaser Order. In the event of any conflict between the terms and conditions of this Agreement and the terms and conditions of any Purchase Order, acknowledgement form or other similar instrument, the terms and conditions of this Agreement shall prevail.
Purchase Orders; Precedence. As a matter of convenience, Customer may use its standard purchase order form for any orders provided for hereunder. The terms and conditions contained in this Agreement prevail over any terms and conditions of any such purchase order, acknowledgment form or other form instrument exchanged by the parties, and no additional, contradictory, modified or deleted terms established by such instruments are intended to have any effect on the terms of this Agreement, even if such instrument is accepted by the other party.
Purchase Orders; Precedence. Customer may use its standard purchase order form for any firm written orders for Work in respect of the Products to be produced and delivered to Customer (hereinafter “Firm Orders”) provided for hereunder; provided that all Firm Orders must reference this Agreement and the applicable Specifications. All Firm Orders will be deemed to incorporate all of the terms and conditions in this Agreement. The parties agree that the terms and conditions contained in this Agreement shall prevail over any terms and conditions of any such purchase order, acknowledgment form or other instrument.
Purchase Orders; Precedence. Enphase may use its standard purchase order form for any notice provided for hereunder; provided that all purchase orders must reference this Agreement and the Specifications (if applicable). The Parties agree that the terms and conditions contained in this Agreement shall prevail over any terms and conditions of any such purchase order, acknowledgment form or other instrument, unless specifically agreed in writing by both Parties.
Purchase Orders; Precedence. As a matter of convenience, LumiraDx may use its standard purchase order form for any orders provided for hereunder. The terms and conditions contained in this Agreement prevail over any terms and conditions of any such purchase order, acknowledgment form or other form instrument exchanged by the parties, and no additional, contradictory, modified or deleted terms established by such instruments are intended to have any effect on the terms of this Agreement, even if such instrument is accepted by the other party.
Purchase Orders; Precedence. Ouster will issue purchase orders at the mutually agreed upon lead-time for the specific Product(s) (“Purchase Order”). Each Purchase Order shall be in the form of a written or electronic communication and shall contain the following information: [***]. Each Purchase Order shall provide an order number for billing purposes. Ouster may use its standard purchase order form for any Purchase Order submitted hereunder; provided that all Purchase Orders must reference this Agreement and the applicable Specifications. On [***] basis, Ouster shall submit Purchase Orders for the following [***] of requirements which shall be binding on Ouster. The Parties agree that the terms and conditions contained in this Agreement shall prevail over any terms and conditions of any such Purchase Order, acknowledgment form or other instrument.
Purchase Orders; Precedence. Aruba and Authorized Purchasers will provide Flextronics with purchase orders within at least forty-five (45) days of the scheduled delivery date. Aruba and Authorized Purchasers may use their standard purchase order form for any notice provided for hereunder; provided that all purchase orders must reference this Agreement and the applicable Specifications. The parties agree that the terms and conditions contained in this Agreement shall prevail over any terms and conditions of any such purchase order, acknowledgment form or other instrument.
Purchase Orders; Precedence a. Amgen may use its standard purchase order form for any notice provided for hereunder; provided that all purchase orders must reference this Agreement and include and specify the proposed delivery date, quantities and destination (each, a “Purchase Order”). The Parties agree that the terms and conditions contained in this Agreement shall govern and prevail over any terms and conditions of any such Purchase Order, acknowledgment form or other instrument.
b. Unless otherwise accepted pursuant to Section 2.8, Insulet shall not be obligated to supply quantities of Customized Insulet Devices set forth in Purchase Orders to the extent such quantities are in excess of the Binding Portion of a Forecast for the applicable month.
c. Unless otherwise accepted by Insulet pursuant to Section 2.8, Insulet shall not be obligated to Ship Customized Insulet Devices [*] after the date each Purchase Order is received by Insulet.
d. Each Purchase Order shall be for no less than the Minimum Lot Quantity.
e. In addition to the quantities set forth in the Binding Portion of the Forecast and any Purchase Orders issued and accepted pursuant hereto, within [*] days after receipt of a Notice of Permitted Assignment (as defined in Section 12.4), Amgen may place one or more Purchase Orders for a quantity [*] of Customized Insulet Devices [*] of Customized Insulet Devices set forth in the Forecast current as of the date of receipt of such Notice of Permitted Assignment, for delivery no sooner than [*] after the date of such Purchase Order. Quantities of Customized Insulet Devices set forth in Purchase Orders pursuant to this Section 2.7(e) shall be deemed included in and part of the Binding Portion of the Forecast and the rights and obligations of each Party with respect to the Binding Portion of the Forecast shall apply thereto.