Common use of Quantity and Price Clause in Contracts

Quantity and Price. MISONIX agrees to sell to MDA and MDA agrees to buy from MISONIX one hundred percent (100%) of MDA's requirement of the aforesaid Ultrasonic Assemblies in accordance with the specifications set forth in Schedule A. Technological changes and variations from the prototype specifications shall increase the cost appropriately. The prices can be increased by MISONIX only under one of the following circumstances: MISONIX may, with written notification to MDA, increase the price in accordance with the rise in the Official Consumer Price Index (CPI). Such increase in the price in accordance with the CPI, can be made once each year during the term of the Agreement, except during the first year, and whenever the cost of labor and/or raw material to MISONIX changes substantially, MISONIX may change the price of the Ultrasonic Units, with a ninety (90) day advance written notice to MDA, to reflect such substantially changing and/or raw material costs. All Ultrasonic Units for MDA will be manufactured in accordance with the specifications set forth in Schedule B. All shipments will be F.O.B. point of origin. MDA will remit payment within thirty (30) days from the date each invoice is received by MDA with respect to shipments of Ultrasonic Units. Credit terms: (a) open account for up to 20 Units at any time (b) balance by Letter of Credit or fifty percent (50%) cash payment at time of order. MDA has no obligation to pay for any shipment of Ultrasonic Units that does not meet the specifications as set forth in Schedule B and have been returned to, and accepted by, MISONIX for credit.

Quantity and Price. MISONIX agrees to sell to MDA and MDA agrees to buy from MISONIX one hundred percent (100%) of MDA's requirement of the aforesaid Ultrasonic Assemblies in accordance with the specifications price list set forth in Schedule A. Technological changes and variations from the prototype specifications shall increase the cost appropriately. The In addition, the prices can be increased by MISONIX only under one of the following circumstances: MISONIX may, with written notification to MDA, increase the price in accordance with the rise in the Official Consumer Price Index (CPI). Such increase in the price in accordance with the CPI, CPI can be made once each year during the term of the Agreement, except during the first year, and whenever the cost of labor and/or raw material to MISONIX changes substantially, MISONIX may change the price of the Ultrasonic Units, with a ninety (90) day advance written notice to MDA, to reflect such substantially changing and/or raw material costs. All Ultrasonic Units for MDA will be manufactured in accordance with the specifications set forth in Schedule B. B which will be revised from time to time by written consent of both parties. All shipments will be F.O.B. point of origin. MDA will remit payment within thirty (30) days from the date each invoice is received by MDA with respect to shipments of Ultrasonic Units. Credit terms: (a) open account for up to 20 Units at any time time, (b) balance by Letter of Credit or fifty percent (50%) cash payment at time of order. MDA has no obligation to pay for any shipment of Ultrasonic Units that does not meet the specifications as set forth in Schedule B and have been returned to, and accepted by, MISONIX for credit.