Common use of Acceptance and Agreement Clause in Contracts

Acceptance and Agreement. These terms and conditions apply to, and are agreed to be incorporated in, any Order issued by Buyer to Seller. An Order becomes a binding contract, including all terms and conditions that appear in the Order, in these Purchase Order Terms and Conditions, and in documents incorporated by reference, either upon acknowledgement in writing or commencement of performance. The Order, including these terms, supersedes all prior written or oral communications and is the sole and exclusive statement of the agreement between Buyer and Seller. It is not subject to variation, regardless of the wording of any purported acceptance by Xxxxxx, unless stated in a written agreement signed by Xxxxx's Purchasing Representative. Any additional or different terms appearing in Seller's acceptance are hereby expressly rejected.

Acceptance and Agreement. These terms and conditions apply to, and are agreed to be incorporated in, any Order issued by the Buyer to Seller. An Order becomes a binding contract, including all terms and conditions that appear in the Order, in these Purchase Order Terms and Conditions, and in documents incorporated by reference, either upon acknowledgement in writing or commencement of performance. The Order, including these terms, supersedes all prior written or oral communications and is the sole and exclusive statement of the agreement between the Buyer and Seller. It is not subject to variation, regardless of the wording working of any purported acceptance by Xxxxxxthe Seller, unless stated in a written agreement signed by Xxxxx's ’s Purchasing Representative. Any additional or different terms appearing in Seller's ’s acceptance are hereby expressly rejected.