Common use of Standard Purchase Orders Clause in Contracts

Standard Purchase Orders. (i) All orders of Products shall be on ev3’s then current standard purchase order. The provisions of this Agreement shall prevail over any inconsistent statements or additional statements or provisions, rights and obligations contained in any document related to this Agreement passing between the parties hereto including, but not limited to, any purchase order, acknowledgement, confirmation or notice. (ii) Orders shall be submitted by mail or facsimile, or by other means agreed upon by the parties. All orders and modifications to orders are subject to acceptance by MTI; provided, however, that MTI shall accept all purchase orders by ev3 for the Products so long as such orders are in accordance with the most recent rolling forecast in effect. For purposes of this Agreement, a rolling forecast provided by ev3 (other than the initial forecast) shall not be deemed to be in effect until ninety (90) days from the date of MTI’s receipt of such forecast. MTI shall use commercially reasonable efforts to fill all other orders by ev3 for the Products hereunder. If MTI believes that it will not be able to satisfy ev3’s order for the Products, MTI shall promptly, and in no event later than five (5) business days after receipt thereof, notify ev3, specifying the reasons for the delay and the expected duration. MTI shall deliver all orders that are accepted in accordance with the delivery date set forth in the applicable purchase order so long as such delivery date is in accordance with the most recent rolling forecast in effect.

Standard Purchase Orders. (i) All orders of Products shall be on ev3Distributor’s then current standard purchase order. The provisions of this Agreement shall prevail over any inconsistent statements or additional statements or provisions, rights and obligations contained in any document related to this Agreement passing between the parties hereto including, but not limited to, any purchase order, acknowledgement, confirmation or notice. (ii) Orders shall be submitted by mail mail, email or facsimile, or by other means agreed upon by the parties. All orders and modifications to orders are subject to acceptance by MTITRANS1; provided, however, that MTI TRANS1 shall accept all purchase orders by ev3 Distributor for the Products so long as such orders are in accordance with the most recent rolling forecast in effecteffect that have been accepted by TRANS1. For purposes of this Agreement, a rolling forecast provided by ev3 (other than the initial forecast) shall not be deemed to be in effect until ninety (90) days from the date of MTI’s receipt of such forecast. MTI TRANS1 shall use commercially reasonable efforts to fill all other orders by ev3 Distributor for the Products hereunder. If MTI TRANS1 believes that it will not be able to satisfy ev3Distributor’s order for the Products, MTI TRANS1 shall promptly, and in no event later than five (5) business days after receipt thereof, notify ev3Distributor, specifying the reasons for the delay and the expected duration. MTI TRANS1 shall use its commercially reasonable efforts to deliver all orders that are accepted in accordance with the delivery date set forth in the applicable purchase order so long as such delivery date is in accordance with the most recent rolling forecast in effect.