Common use of Purchase Terms Clause in Contracts

Purchase Terms. Additional purchase terms are set forth on Schedule D, which is attached hereto and is incorporated herein by reference. a. From time to time during the Term, PGT shall order Products from Supplier pursuant to and in accordance with separate PGT standard purchase orders or other related documentation (collectively, the "Purchase Orders"). Such Purchase Orders shall specify quantities of the Product, shipping instructions, delivery date(s), and detailed instructions for the delivery of the Goods (with release schedules, delivery orders or equivalent notices). Each Purchase Order is subject to final acceptance by Supplier and when executed by the parties shall be binding upon Supplier and PGT and shall be deemed to constitute a part of this Agreement as if fully set forth herein, and all terms and conditions of this Agreement shall be deemed to apply to the subject matter of such Purchase Order as if fully set forth therein. b. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s Nokomis Plant shall purchase from Supplier, and Supplier shall sell to PGT’s Nokomis Plant, quantities of Product that constitute PGT’s total annual purchase needs and requirements. c. PGT shall provide detailed instructions for the delivery of the Products (with release schedules, delivery orders, purchase orders or equivalent notices). d. Supplier will either accept or reject every Purchase Order in writing to PGT within two (2) business days. In the event of a contradiction between the terms of this Agreement and a Purchase Order, order confirmation or any other document, the terms and conditions of this Agreement shall prevail. e. Goods shipped in excess of the quantity indicated by purchase order may be returned at the Supplier’s expense. f. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s Nokomis Plant shall purchase from Supplier, and Supplier shall sell to PGT’s Nokomis Plant, quantities of Product that constitute PGT’s total annual purchase needs and requirements. g. Based on the forecasts, the parties shall agree on a reserve supply of certain Products to be maintained by Supplier at its facilities and be reviewed periodically by the parties. PGT shall purchase Products from such reserve throughout the Term. In the event of obsolescence of a Product, or termination or expiration of this Agreement, PGT shall purchase such agreed reserve supply of Products at the prices for the Products set forth on Schedule B within (3) months of notification from Supplier.

Appears in 1 contract

Sources: Supply Agreement (PGT, Inc.)

Purchase Terms. Additional purchase terms are set forth on Schedule D, which is attached hereto and is incorporated herein by reference. a. From time to time during the Term, PGT shall order Products from Supplier pursuant to and in accordance with separate PGT standard purchase orders or other related documentation (collectively, the "Purchase Orders"). Such Purchase Orders shall specify quantities of the Product, shipping instructions, delivery date(s), and detailed instructions for the delivery of the Goods (with release schedules, delivery orders or equivalent notices). Each Purchase Order is subject to final acceptance by Supplier and when executed by the parties shall be binding upon Supplier and PGT and shall be deemed to constitute a part of this Agreement as if fully set forth herein, and all terms and conditions of this Agreement shall be deemed to apply to the subject matter of such Purchase Order as if fully set forth therein. b. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s Nokomis Plant shall purchase from Supplier, and Supplier shall sell to PGT’s Nokomis Plant, quantities of Product that constitute the PGT’s 's total annual purchase needs and requirements. c. PGT shall provide detailed instructions for the delivery of the Products (with release schedules, delivery orders, purchase orders or equivalent notices). d. Supplier will either accept or reject every Purchase Order in writing to PGT within two (2) business days. In the event of a contradiction between the terms of this Agreement and a Purchase Order, order confirmation or any other document, the terms and conditions of this Agreement shall prevail. e. Goods shipped in excess of the quantity indicated incicated by purchase order may be returned at the Supplier’s 's expense. f. Consistent with the terms For planning purposes, a purchase forecast will be provided by PGT to Supplier, in such detail as may be reasonably requested by Supplier, in which PGT will estimate its annual volume of Product purchases. Except as set forth hereinbelow in subsection (g), on a continuous basis during the course of the Term of this Agreement, any quantity estimates or any portion thereof should termination occur, PGT’s Nokomis Plant shall purchase from forecasts provided by PGT are for Supplier, 's planning purposes only and Supplier shall sell to PGT’s Nokomis Plant, quantities of Product that constitute PGT’s total annual purchase needs and requirementsdo not consitute an order for material or Products. g. Based on the forecasts, the parties shall agree on a reserve supply of certain Products to be maintained by Supplier at its facilities and be reviewed periodically by the parties. PGT shall purchase Products from such reserve reserves throughout the Term. In the event of obsolescence of a Product, or termination or expiration of this the Agreement, PGT shall purchase such agreed reserve supply of Products at the prices for the Products set forth on Schedule Section B within (3) months of notification from Supplier.

Appears in 1 contract

Sources: Supply Agreement (PGT, Inc.)

Purchase Terms. Additional purchase terms are set forth on Schedule D, which is attached hereto and is incorporated herein by reference. a. From time to time during the Term, PGT shall order Products from Supplier pursuant to and in accordance with separate PGT standard purchase orders or other related documentation (collectively, the "Purchase Orders"). Such Purchase Orders shall specify quantities of the Product, shipping instructions, delivery date(s), and detailed instructions for the delivery of the Goods (with release schedules, delivery orders or equivalent notices). Each Purchase Order is subject to final acceptance by Supplier and when executed by the parties shall be binding upon Supplier and PGT and shall be deemed to constitute a part of this Agreement as if fully set forth herein, and all terms and conditions of this Agreement shall be deemed to apply to the subject matter of such Purchase Order as if fully set forth therein. b. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s Nokomis Plant shall purchase from Supplier, and Supplier shall sell to PGT’s Nokomis Plant, quantities of Product that constitute the Required Percentage of PGT’s total annual purchase needs and requirementsrequirements all as measured by the total square feet of usage by the Nokomis Plant during the Term. The Required Percentage applies to the cumulative total volume in square feet of all of PGT’s purchases of the particular glass Products at the Nokomis Plant for the Term. c. PGT shall provide detailed instructions for the delivery of the Products (with release schedules, delivery orders, purchase orders or equivalent notices). d. Supplier will either accept or reject every Purchase Order in writing to PGT within two (2) business days. In the event of a contradiction between the terms of this Agreement and a Purchase Order, order confirmation or any other document, the terms and conditions of this Agreement shall prevail. e. Goods shipped in excess of the quantity indicated by purchase order may be returned at the Supplier’s expense. f. Consistent with the terms For planning purposes, a purchase forecast will be provided by PGT to Supplier, in such detail as may be reasonably requested by Supplier, in which PGT will estimate its annual volume of Product purchases. Except as set forth hereinbelow in subsection (g), on a continuous basis during the course of the Term of this Agreement, any quantity estimates or any portion thereof should termination occur, PGTpurchase forecasts provided by PGT are for Supplier’s Nokomis Plant shall purchase from Supplier, planning purposes only and Supplier shall sell to PGT’s Nokomis Plant, quantities of Product that do not constitute PGT’s total annual purchase needs and requirementsan order for material or Products. g. Based on the forecasts, the parties shall agree on a reserve supply of certain Products to be maintained by Supplier at its facilities and be reviewed periodically by the parties. PGT shall purchase Products from such reserve throughout the Term. In the event of obsolescence of a Product, or termination or expiration of this Agreement, PGT shall purchase such agreed reserve supply of Products at the prices for the Products set forth on Schedule B within (3) months of notification from Supplier.

Appears in 1 contract

Sources: Supply Agreement (PGT, Inc.)

Purchase Terms. Additional purchase terms are set forth on Schedule D, which is attached hereto and is incorporated herein by reference. a. From time to time during the Term, PGT shall order Products from Supplier pursuant to and in accordance with separate PGT standard purchase orders or other related documentation (collectively, the "Purchase Orders"). Such Purchase Orders shall specify quantities of the Product, shipping instructions, delivery date(s), and detailed instructions for the delivery of the Goods (with release schedules, delivery orders or equivalent notices). Each Purchase Order is subject to final acceptance by Supplier and when executed by the parties shall be binding upon Supplier and PGT and shall be deemed to constitute a part of this Agreement as if fully set forth herein, and all terms and conditions of this Agreement shall be deemed to apply to the subject matter of such Purchase Order as if fully set forth therein. b. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s Nokomis North Venice Plant shall purchase from Supplier, and Supplier shall sell to PGT’s Nokomis North Venice Plant, quantities of Product that constitute the Required Percentage of PGT’s 's total annual purchase needs purchaseneeds and requirementsrequirements all as measured by the total square feet of usage b the North Venice Plant during the Term. The Required Percentage applies to the cumulative total volume in square feet of all of PGT's purchases of the particular glass Products at the North Venice Plant for the Term. c. PGT shall provide detailed instructions for the delivery of the Products (with release schedules, delivery orders, purchase orders or equivalent notices). d. Supplier will either accept or reject every Purchase Order in writing to PGT within two (2) business days. In the event of a contradiction between the terms of this Agreement and a Purchase Order, order confirmation or any other document, the terms and conditions of this Agreement shall prevail. e. Goods shipped in excess of the quantity indicated by purchase order may be returned at the Supplier’s expense. f. Consistent with the terms For planning purposes, a purchase forecast will be provided by PGT to Supplier, in such detail as may be reasonably requested by Supplier, in which PGT will estimate its annual volume of Product purchases. Except as set forth hereinbelow in subsection (g), on a continuous basis during the course of the Term of this Agreement, any quantity estimates or any portion thereof should termination occur, PGTpurchase forecasts provided by PGT are for Supplier’s Nokomis Plant shall purchase from Supplier, planning purposes only and Supplier shall sell to PGT’s Nokomis Plant, quantities of Product that do not constitute PGT’s total annual purchase needs and requirementsan order for material or Products. g. Based on the forecasts, the parties shall agree on a reserve supply of certain Products to be maintained by Supplier at its facilities and be reviewed periodically by the parties. PGT shall purchase Products from such reserve throughout the Term. In the event of obsolescence of a Product, or termination or expiration of this Agreement, PGT shall purchase such agreed reserve supply of Products at the prices for the Products set forth on Schedule B within (3) months of notification from Supplier.

Appears in 1 contract

Sources: Supply Agreement (PGT, Inc.)

Purchase Terms. Additional purchase terms are set forth on in Schedule D, which is attached hereto and is incorporated herein by reference. a. From time to time during the Term, PGT shall order Products from Supplier pursuant to and in accordance with separate PGT standard purchase orders or other related documentation (collectively, the "Purchase Orders"). Such Purchase Orders shall specify quantities of the Product, shipping instructions, delivery date(s), and detailed instructions for the delivery of the Goods (with release schedules, delivery orders or equivalent notices). Each Purchase Order is subject to final acceptance by Supplier and when executed by the parties shall be binding upon Supplier and PGT and shall be deemed to constitute a part of this Agreement as if fully set forth herein, and all terms and conditions of this Agreement shall be deemed to apply to the subject matter of such Purchase Order as if fully set forth therein. b. Consistent with the terms set forth herein, on a continuous basis during the course of the Term of this Agreement, or any portion thereof should termination occur, PGT’s Nokomis North Venice Plant shall purchase from Supplier, and Supplier shall sell to PGT’s Nokomis North Venice Plant, quantities of Product that constitute PGT’s total annual purchase needs PGT elects to order from Supplier from time to time, and requirementsthat meet the requirements of Exhibits A, “CCWF Program Requirement’s, during the Term of this Agreement. c. PGT shall provide detailed instructions for the delivery of the Products (with release schedules, delivery orders, purchase orders or equivalent notices). d. Supplier will either accept or reject every Purchase Order in writing to PGT within two (2) business days. In the event of a contradiction between the terms of this Agreement and a Purchase Order, order confirmation or any other document, the terms and conditions of this Agreement shall prevail. e. Goods shipped in excess of the quantity indicated by purchase order may be returned at the Supplier’s expense. f. Consistent with For planning purposes, a monthly purchase forecast will be provided by PGT to Supplier, in such detail as may be reasonably requested by Supplier, in which PGT will estimate its volume of Product purchases for the terms following twelve months. Except as set forth hereinbelow in subsection (g), on a continuous basis during the course of the Term of this Agreement, any quantity estimates or any portion thereof should termination occur, PGTpurchase forecasts provided by PGT are for Supplier’s Nokomis Plant shall purchase from Supplier, planning purposes only and Supplier shall sell to PGT’s Nokomis Plant, quantities of Product that do not constitute PGT’s total annual purchase needs and requirementsan order for material or Products. g. Based on the forecasts, the parties Parties shall agree on a reserve supply of certain Products to be maintained by Supplier at its facilities and be reviewed periodically by the parties. PGT shall purchase Products from such reserve throughout the Term. In the event of obsolescence of a Product, or termination or expiration of this Agreement, PGT shall purchase the portion of such agreed reserve supply of Products remaining as of that date, at the prices for the Products set forth on Schedule B within (3) months of notification receiving a written request from SupplierSupplier that PGT do so.

Appears in 1 contract

Sources: Supply Agreement (PGT Innovations, Inc.)