This excerpt taken from the OICO 10-Q filed Aug 11, 2008.
4. SALE AND DELIVERY
a)
All orders are subject to acceptance by Agilent. Product orders must reference this Agreement, be issued during the term of this Agreement, and specify delivery within six
(6) months from order date.
b)
The minimum stocking order/delivery to Reseller is $1,000. If this minimum order volume is not reached, Agilent will be entitled to a handling fee of $50. This shall not apply in
the case where the order is placed electronically.
c)
Reseller may cancel orders for Products (except custom Products) prior to shipment at no charge. Product returns will be subject to Agilent’s approval and return/refurbishment
charges.
d)
Title to hardware and consumables Products and acceptance of Products by Reseller will occur upon delivery.
e)
Unless otherwise indicated on the quotation, prices include shipping and handling charges in accordance with the applicable trade term. Prices exclude any sales, value added or
similar tax which will be payable by Reseller.
f)
Sales of Products to Reseller’s corporate parent, division or majority owned subsidiary are not eligible for discount.
g)
Agilent may, from time to time, offer Reseller marketing programs based on terms and conditions applicable to such programs.
h)
Payment is due thirty (30) days from Agilent’s invoice date. Agilent may change credit or payment terms at any time should Reseller’s financial condition or previous
payment record so warrant. Agilent may discontinue performance if Reseller fails to pay any sum due or to perform under this Agreement if, after ten (10) days written notice, the failure has not been cured.
[*]
Denotes information for which confidential treatment has been requested. Confidential portions omitted have been filed separately with the Securities & Exchange
Commission.
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