ACCEPTANCE AGREEMENT. This Purchase Order ("Order'') shall be accepted by Seller by shipment of goods (the term "goods" throughout this Order includes, without limitation, raw materials, components, intermediate assemblies, and end goods), performance of services, commencement of work on goods, written acknowledgement, or any other conduct of Seller which recognizes the existence of a contract pertaining to the 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 ORDER ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THESE TERMS AND CONDITIONS SHALL BE BINDING UPON KUKA ASSEMBLY AND TEST UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE OF KUKA ASSEMBLY AND TEST. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE REJECTED WITHOUT FURTHER APPROVAL BY KUKA ASSEMBLY AND TEST. Unless otherwise stated on the face of this Order, this Order is KUKA ASSEMBLY AND TEST's offer to Seller and does not constitute an acceptance by 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 specification of the subject matter thereof into this Order and then only to the extent that such description and specifications are on the face of the Order.
Appears in 2 contracts
Samples: www.kuka-at.com, www.kuka-at.com
ACCEPTANCE AGREEMENT. This Purchase Order ("Order'') Agreement shall be become effective when 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 Order includes, Agreement includes without limitation, raw materials, components, intermediate assemblies, assemblies and end goodsproducts), or (c) performance of services, or (d) commencement of work on goods, written acknowledgementGoods, or (e) any other conduct of Seller which recognizes the existence of a contract pertaining an Agreement from Cadence Aerospace, LLC, (hereinafter referred to as “Cadence”). By acceptance of this Agreement, Xxxxxx accepts all of the subject matter 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 KUKA ASSEMBLY AND TEST'S CADENCE’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF KUKA ASSEMBLY AND TESTCADENCE, NO PURPORTED ACCEPTANCE OF THIS ORDER ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THESE TERMS AND CONDITIONS SHALL BE BINDING UPON KUKA ASSEMBLY AND TEST UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE OF KUKA ASSEMBLY AND TEST. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE REJECTED WITHOUT FURTHER APPROVAL BY KUKA ASSEMBLY AND TEST. Unless unless otherwise stated on the face of this OrderAgreement, this Order Agreement is KUKA ASSEMBLY AND TEST's Xxxxxxx’s offer to Seller and does not constitute an acceptance by KUKA ASSEMBLY AND TEST 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 specification specifications of the subject matter thereof into this Order Agreement, and then only to the extent that such description and specifications are do not conflict with the description and specifications on the face of this Agreement. The obligations of the OrderSeller contained herein shall survive acceptance of the goods and payment therefore by purchaser.
Appears in 2 contracts
ACCEPTANCE AGREEMENT. This Purchase Order ("Order'') Agreement shall be become effective when 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 Order includes, Agreement includes without limitation, raw materials, components, intermediate assemblies, assemblies and end goodsproducts), or (c) performance of services, or (d) commencement of work on goods, written acknowledgementGoods, or (e) any other conduct of Seller which recognizes the existence of a contract pertaining an Agreement from Cadence Aerospace, LLC, (hereinafter referred to as “Cadence”). By acceptance of this Agreement, Xxxxxx accepts all of the subject matter 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 KUKA ASSEMBLY AND TEST'S CADENCE’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF KUKA ASSEMBLY AND TESTCADENCE, NO PURPORTED ACCEPTANCE OF THIS ORDER ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THESE TERMS AND CONDITIONS SHALL BE BINDING UPON KUKA ASSEMBLY AND TEST UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE OF KUKA ASSEMBLY AND TEST. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE REJECTED WITHOUT FURTHER APPROVAL BY KUKA ASSEMBLY AND TEST. Unless unless otherwise stated on the face of this OrderAgreement, this Order Agreement is KUKA ASSEMBLY AND TEST's Cadence’s offer to Seller and does not constitute an acceptance by KUKA ASSEMBLY AND TEST 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 specification specifications of the subject matter thereof into this Order Agreement, and then only to the extent that such description and specifications are do not conflict with the description and specifications on the face of this Agreement. The obligations of the OrderSeller contained herein shall survive acceptance of the goods and payment therefore by purchaser.
Appears in 1 contract
Samples: www.cadenceaerospace.com
ACCEPTANCE AGREEMENT. This Purchase Order Xxxxxx Xxxxx International LLC ("Order''“FSI”) shall be accepted 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 shipment of goods (the term "goods" throughout this Order includes, without limitation, raw materials, components, intermediate assemblies, and end goods), performance of services, FSI or agreed upon) or Seller’s commencement of work on the goods subject to any FSI purchase order or shipment of such goods, written acknowledgementwhichever occurs first, shall be deemed acceptance of any FSI purchase order and the terms and conditions herein. Any 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, any proposal for additional and/or different terms or conditions, or any other conduct attempt by Seller to vary any of Seller which recognizes the existence terms of any FSI purchase order or the terms and conditions contained herein is hereby rejected, but such proposals shall not operate as a contract pertaining to the 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 ORDER ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THESE TERMS AND CONDITIONS SHALL BE BINDING UPON KUKA ASSEMBLY AND TEST UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE OF KUKA ASSEMBLY AND TEST. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE REJECTED WITHOUT FURTHER APPROVAL BY KUKA ASSEMBLY AND TEST. Unless otherwise stated on the face rejection of this Orderoffer and this offer shall be deemed accepted by Seller without said additional or different terms. If, this Order 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 KUKA ASSEMBLY AND TEST's offer deemed to Seller and does not constitute an acceptance by KUKA ASSEMBLY AND TEST 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 specification of the subject matter thereof into this Order 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 are on all obligations contained in the face of the OrderPurchase Order or these terms and conditions set forth herein and below.
Appears in 1 contract
Samples: fosterstone.com
ACCEPTANCE AGREEMENT. This Purchase Order ("Order'') Agreement shall be become effective when 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 Order includes, Agreement includes without limitation, raw materials, components, intermediate assemblies, assemblies and end goodsproducts), or (c) performance of services, or (d) commencement of work on goods, written acknowledgementGoods, or (e) any other conduct of Seller which recognizes the existence of a contract pertaining an Agreement from Verus Aerospace, LLC, (hereinafter referred to as “Verus”). By acceptance of this Agreement, Xxxxxx accepts all of the subject matter 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 VERUS, UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED VICE PRESIDENT OF VERUS, NOTWITHSTANDING KUKA ASSEMBLY AND TEST'S VERUS’ ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF KUKA ASSEMBLY AND TESTVERUS, NO PURPORTED ACCEPTANCE OF THIS ORDER ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THESE TERMS AND CONDITIONS SHALL BE BINDING UPON KUKA ASSEMBLY AND TEST UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE OF KUKA ASSEMBLY AND TEST. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE REJECTED WITHOUT FURTHER APPROVAL BY KUKA ASSEMBLY AND TEST. Unless unless otherwise stated on the face of this OrderAgreement, this Order Agreement is KUKA ASSEMBLY AND TEST's Verus’ offer to Seller and does not constitute an acceptance by KUKA ASSEMBLY AND TEST 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 specification specifications of the subject matter thereof into this Order Agreement, and then only to the extent that such description and specifications are do not conflict with the description and specifications on the face of this Agreement. The obligations of the OrderSeller contained herein shall survive acceptance of the goods and payment therefore by purchaser.
Appears in 1 contract
Samples: verusaerospace.com
ACCEPTANCE AGREEMENT. This Purchase Order ("Order'') Agreement shall be become effective when 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 Order includes, Agreement includes without limitation, raw materials, components, intermediate assemblies, assemblies and end goodsproducts), or (c) performance of services, or (d) commencement of work on goods, written acknowledgementGoods, or (e) any other conduct of Seller which recognizes the existence of a contract pertaining an Agreement from Cadence Aerospace, LLC, (hereinafter referred to as “Cadence”). By acceptance of this Agreement, Seller accepts all of the subject matter 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 KUKA ASSEMBLY AND TEST'S CADENCE’S ACCEPTANCE OR PAYMENT FOR ANY SHIPMENT OF GOODS OR SIMILAR ACT OF KUKA ASSEMBLY AND TESTCADENCE, NO PURPORTED ACCEPTANCE OF THIS ORDER ON TERMS AND CONDITIONS WHICH MODIFY, SUPERSEDE, OR OTHERWISE ALTER THESE TERMS AND CONDITIONS SHALL BE BINDING UPON KUKA ASSEMBLY AND TEST UNLESS THEY ARE ACCEPTED IN WRITING BY AN AUTHORIZED PURCHASING REPRESENTATIVE OF KUKA ASSEMBLY AND TEST. ACCEPTANCE OF ANY ORDER IS EXPRESSLY LIMITED TO THE TERMS HEREOF AND ANY ADDITIONAL OR DIFFERENT TERMS ARE REJECTED WITHOUT FURTHER APPROVAL BY KUKA ASSEMBLY AND TEST. Unless unless otherwise stated on the face of this OrderAgreement, this Order Agreement is KUKA ASSEMBLY AND TEST's Cadence’s offer to Seller and does not constitute an acceptance by KUKA ASSEMBLY AND TEST 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 specification specifications of the subject matter thereof into this Order Agreement, and then only to the extent that such description and specifications are do not conflict with the description and specifications on the face of this Agreement. The obligations of the OrderSeller contained herein shall survive acceptance of the goods and payment therefore by purchaser.
Appears in 1 contract
Samples: www.cadenceaerospace.com