ACCEPTANCE AGREEMENT. This Agreement shall become effective when accepted by Seller by (a) execution and return of the signed acknowledgment copy accompanying this Agreement, or (b) shipment of Goods (the term “Goods” throughout this Agreement includes without limitation, raw materials, components, intermediate assemblies and end products), or (c) performance of services, or (d) commencement of work on Goods, or (e) any other conduct of Seller which recognizes the existence of an Agreement from Cadence Aerospace, LLC, (hereinafter referred to as “Cadence”). By acceptance of this Agreement, Xxxxxx accepts all of the terms and conditions hereof. NO PURPORTED ACCEPTANCE OF THIS AGREEMENT ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON CADENCE, UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED VICE PRESIDENT OF CADENCE, NOTWITHSTANDING CADENCE’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF CADENCE, unless otherwise stated on the face of this Agreement, this Agreement is Xxxxxxx’s offer to Seller and does not constitute an acceptance by Cadence of any offer to sell or proposal by Seller. Any reference herein to any such offer or proposal by Seller is solely for the purpose of incorporating the description and specifications of the subject matter thereof into this Agreement, and then only to the extent that such description and specifications do not conflict with the description and specifications on the face of this Agreement. The obligations of the Seller contained herein shall survive acceptance of the goods and payment therefore by purchaser.
Appears in 2 contracts
ACCEPTANCE AGREEMENT. This Agreement Purchase Order (“Order”) shall become effective when be accepted by Seller by (a) execution and return of the signed acknowledgment copy accompanying this Agreement, or (b) shipment of Goods goods (the term “Goodsgoods” throughout this Agreement includes Order includes, without limitation, raw materials, components, intermediate assemblies assemblies, and end products), or (c) performance . Performance of services, or (d) commencement of work on Goodsgoods, written acknowledgement, or (e) any other conduct of Seller which recognizes the existence of an Agreement from Cadence Aerospace, LLC, (hereinafter referred a contract pertaining to as “Cadence”). By acceptance of this Agreement, Xxxxxx accepts all of the terms and conditions subject matter hereof. NO PURPORTED ACCEPTANCE OF THIS AGREEMENT ORDER ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON CADENCE, BUYER UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED VICE PRESIDENT PURCHASING REPRESENTATIVE OF CADENCEBUYER, NOTWITHSTANDING CADENCEBUYER’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF CADENCE, unless BUYER. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE OBJECTED TO WITHOUT FURTHER NOTIFICATION BY BUYER. Unless otherwise stated on the face of this AgreementOrder, this Agreement Purchase Order is XxxxxxxBuyer’s offer to Seller and does not constitute an acceptance by Cadence Buyer of any offer to sell or proposal by Seller. Any reference herein to any such offer or proposal by Seller seller is solely for the purpose of incorporating the description and specifications specification of the subject matter thereof into this Agreement, Purchase Order and then only to the extent that such description and specifications do not conflict with the description descriptions and specifications on the face of this Agreement. The obligations of the Seller contained herein shall survive acceptance of the goods and payment therefore by purchaserOrder.
Appears in 2 contracts
Samples: www.starcutter.com, www.hbcarbide.com
ACCEPTANCE AGREEMENT. This Agreement Purchase Order ("Order'') shall become effective when be accepted by Seller by (a) execution and return of the signed acknowledgment copy accompanying this Agreement, or (b) shipment of Goods goods (the term “Goods” "goods" throughout this Agreement includes Order includes, without limitation, raw materials, components, intermediate assemblies assemblies, and end productsgoods), or (c) performance of services, or (d) commencement of work on Goodsgoods, written acknowledgement, or (e) any other conduct of Seller which recognizes the existence of an Agreement from Cadence Aerospace, LLC, (hereinafter referred a contract pertaining to as “Cadence”). By acceptance of this Agreement, Xxxxxx accepts all of the terms and conditions subject matter hereof. NOTWITHSTANDING KUKA ASSEMBLY AND TEST'S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF KUKA ASSEMBLY AND TEST, NO PURPORTED ACCEPTANCE OF THIS AGREEMENT ORDER ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE THESE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON CADENCE, KUKA ASSEMBLY AND TEST UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED VICE PRESIDENT PURCHASING REPRESENTATIVE OF CADENCE, NOTWITHSTANDING CADENCE’S KUKA ASSEMBLY AND TEST. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF CADENCE, unless DIFFERENT TERMS ARE REJECTED WITHOUT FURTHER APPROVAL BY KUKA ASSEMBLY AND TEST. Unless otherwise stated on the face of this AgreementOrder, this Agreement Order is Xxxxxxx’s KUKA ASSEMBLY AND TEST's offer to Seller and does not constitute an acceptance by Cadence KUKA ASSEMBLY AND TEST of any offer to sell or proposal by Seller. Any reference herein to any such offer or proposal by Seller is solely for the purpose of incorporating the description and specifications specification of the subject matter thereof into this Agreement, Order and then only to the extent that such description and specifications do not conflict with the description and specifications are on the face of this Agreement. The obligations of the Seller contained herein shall survive acceptance of the goods and payment therefore by purchaserOrder.
Appears in 2 contracts
Samples: www.kuka-at.com, www.kuka-at.com
ACCEPTANCE AGREEMENT. This Agreement shall become effective when accepted by Seller by (a) execution and return of the signed acknowledgment copy accompanying this Agreement, or (b) shipment of Goods (the term “Goods” throughout this Agreement includes without limitation, raw materials, components, intermediate assemblies and end products), or (c) performance of services, or (d) commencement of work on Goods, or (e) any other conduct of Seller which recognizes the existence of an Agreement from Cadence Aerospace, LLC, (hereinafter referred to as “Cadence”). By acceptance of this Agreement, Xxxxxx Seller accepts all of the terms and conditions hereof. NO PURPORTED ACCEPTANCE OF THIS AGREEMENT ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON CADENCE, UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED VICE PRESIDENT OF CADENCE, NOTWITHSTANDING CADENCE’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF CADENCE, unless otherwise stated on the face of this Agreement, this Agreement is XxxxxxxCadence’s offer to Seller and does not constitute an acceptance by Cadence of any offer to sell or proposal by Seller. Any reference herein to any such offer or proposal by Seller is solely for the purpose of incorporating the description and specifications of the subject matter thereof into this Agreement, and then only to the extent that such description and specifications do not conflict with the description and specifications on the face of this Agreement. The obligations of the Seller contained herein shall survive acceptance of the goods and payment therefore by purchaser.
Appears in 1 contract
Samples: www.cadenceaerospace.com
ACCEPTANCE AGREEMENT. This Agreement shall become effective when accepted by Seller by (a) execution and return of the signed acknowledgment copy accompanying this Agreement, or (b) shipment of Goods (the term “Goods” throughout this Agreement includes without limitation, raw materials, components, intermediate assemblies and end products), or (c) performance of services, or (d) commencement of work on Goods, or (e) any other conduct of Seller which recognizes the existence of an Agreement from Cadence Aerospace, LLC, (hereinafter referred to as “Cadence”). By acceptance of this Agreement, Xxxxxx accepts all of the terms and conditions hereof. NO PURPORTED ACCEPTANCE OF THIS AGREEMENT ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON CADENCE, UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED VICE PRESIDENT OF CADENCE, NOTWITHSTANDING CADENCE’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF CADENCE, unless otherwise stated on the face of this Agreement, this Agreement is XxxxxxxCadence’s offer to Seller and does not constitute an acceptance by Cadence of any offer to sell or proposal by Seller. Any reference herein to any such offer or proposal by Seller is solely for the purpose of incorporating the description and specifications of the subject matter thereof into this Agreement, and then only to the extent that such description and specifications do not conflict with the description and specifications on the face of this Agreement. The obligations of the Seller contained herein shall survive acceptance of the goods and payment therefore by purchaser.
Appears in 1 contract
Samples: www.cadenceaerospace.com
ACCEPTANCE AGREEMENT. This Agreement shall become effective when accepted Xxxxxx Xxxxx International LLC (“FSI”) and Seller agree that FSI’s purchase order constitutes the Offer. Seller's written confirmation of an FSI purchase order (even though it states terms additional to or different from those offered by Seller by (aFSI or agreed upon) execution and return of the signed acknowledgment copy accompanying this Agreement, or (b) shipment of Goods (the term “Goods” throughout this Agreement includes without limitation, raw materials, components, intermediate assemblies and end products), or (c) performance of services, or (d) Seller’s commencement of work on Goodsthe goods subject to any FSI purchase order or shipment of such goods, or (e) any other conduct of Seller which recognizes the existence of an Agreement from Cadence Aerospacewhichever occurs first, LLC, (hereinafter referred to as “Cadence”). By shall be deemed acceptance of this Agreement, Xxxxxx accepts all of any FSI purchase order and the terms and conditions hereofherein. NO PURPORTED ACCEPTANCE OF THIS AGREEMENT ON TERMS AND CONDITIONS WHICH MODIFYAny additional or different terms or conditions contained in Seller’s acceptance are expressly rejected and FSI herein gives Seller notice that the same are objected to. Accordingly, SUPERSEDEany proposal for additional and/or different terms or conditions, OR OTHERWISE ALTER THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON CADENCEor any attempt by Seller to vary any of the terms of any FSI purchase order or the terms and conditions contained herein is hereby rejected, UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED VICE PRESIDENT OF CADENCE, NOTWITHSTANDING CADENCE’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF CADENCE, unless otherwise stated on the face but such proposals shall not operate as a rejection of this Agreementoffer and this offer shall be deemed accepted by Seller without said additional or different terms. If, this Agreement however, such variances are in the terms of price, such variance shall be deemed a material alteration, and FSI’s purchase order will thereby be revoked. In the event any FSI purchase order is Xxxxxxx’s offer deemed to Seller and does not constitute an acceptance by Cadence of any Seller’s offer, FSI’s acceptance of Seller’s offer is expressly made conditional on Seller’s assent to sell or proposal by SellerFSI’s purchase order and the terms and conditions contained herein. Any reference herein to any such offer or proposal by Seller is solely for the purpose of incorporating the description and specifications of the subject matter thereof into this Agreement, and then only Notwithstanding anything to the extent that such description contrary, Seller’s failure to sign FSI’s Purchase Order shall not any in event void, nullify, or release Seller from any and specifications do not conflict with all obligations contained in the description Purchase Order or these terms and specifications on the face of this Agreement. The obligations of the Seller contained conditions set forth herein shall survive acceptance of the goods and payment therefore by purchaserbelow.
Appears in 1 contract
Samples: fosterstone.com
ACCEPTANCE AGREEMENT. This Agreement shall become effective when accepted by Seller by (a) execution and return of the signed acknowledgment copy accompanying this Agreement, or (b) shipment of Goods (the term “Goods” throughout this Agreement includes without limitation, raw materials, components, intermediate assemblies and end products), or (c) performance of services, or (d) commencement of work on Goods, or (e) any other conduct of Seller which recognizes the existence of an Agreement from Cadence Verus Aerospace, LLC, (hereinafter referred to as “CadenceVerus”). By acceptance of this Agreement, Xxxxxx accepts all of the terms and conditions hereof. NO PURPORTED ACCEPTANCE OF THIS AGREEMENT ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THE TERMS AND CONDITIONS HEREOF SHALL BE BINDING UPON CADENCEVERUS, UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED VICE PRESIDENT OF CADENCEVERUS, NOTWITHSTANDING CADENCE’S VERUS’ ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF CADENCEVERUS, unless otherwise stated on the face of this Agreement, this Agreement is Xxxxxxx’s Verus’ offer to Seller and does not constitute an acceptance by Cadence Verus of any offer to sell or proposal by Seller. Any reference herein to any such offer or proposal by Seller is solely for the purpose of incorporating the description and specifications of the subject matter thereof into this Agreement, and then only to the extent that such description and specifications do not conflict with the description and specifications on the face of this Agreement. The obligations of the Seller contained herein shall survive acceptance of the goods and payment therefore by purchaser.
Appears in 1 contract
Samples: verusaerospace.com