ACCEPTANCE AND COMPLETE AGREEMENT. Buyer’s order is binding only when accepted in writing at the principal office of Seller. The terms and conditions of sale are only those stated below, which shall constitute the complete agreement between the parties and may not be altered or modified except in writing duly executed by each party. The parties agree there are no agreements between the parties, oral or written, with respect to the Products sold hereunder (including any made or implied from past dealings) except as expressed herein. No terms and conditions stated in or attached to Buyer’s communications to Seller, including but not limited to Buyer’s purchase orders, the terms of which are hereby rejected, are applicable to these terms and conditions in any way and are not to be considered Xxxxx’s exceptions to the provisions of these terms and conditions. Trade custom, trade usage and past performance are superseded by these terms and conditions and shall not be used to interpret these terms and conditions.
ACCEPTANCE AND COMPLETE AGREEMENT. This order is Buyer's offer to Seller and is not an acceptance by Buyer of any offer to sell by Seller or of any terms and conditions contained in any such offer. Acceptance of this offer by Seller should be made by (a) executing and returning an acknowledgement copy, or (b) delivering any of the goods ordered herein or (c) rendering any of the services ordered herein. Any additional or different terms proposed by Seller are objected to and rejected unless expressly assented to in writing by Buyer. This order is a complete and exclusive statement of the terms and conditions of the agreement between Seller and Buyer.
ACCEPTANCE AND COMPLETE AGREEMENT. The parties agree that these Standard Terms and Conditions are the exclusive and complete terms and conditions accompanying any accepted purchase order issued by H2O Innovation Inc. and/or any of its affiliates (“PO”). No other terms and conditions will be deemed relevant to explain or supplement these Standard Terms and Conditions whether oral, written, based on usage of trade, or course of dealing or performance. In case of contradiction between the terms and conditions stated on the PO and these Standard Terms and Conditions, the terms and conditions stated on the PO shall prevail. For the purposes of these Standard Terms and Conditions, “affiliates” include, without limitation, H2O Innovation USA, Inc., Piedmont Pacific Corporation, Piedmont Pacific Inc., Utility Partners, LLC, Professional Water Technologies, LLC, H2O Operation and Maintenance Inc. and Xxxx Utility South Corporation.
ACCEPTANCE AND COMPLETE AGREEMENT. All orders placed for products (the “Products”), spare/replacement parts for products (“Spares”) and/or services (the “Services”), as applicable, furnished by HILL PHOENIX, INC. ("Seller") to the purchaser thereof (the “Buyer”) are subject to the terms and conditions set forth herein and any Schedules attached hereto (collectively, these "Terms'"), the warranty incorporated by reference in Section 14 of these Terms (the “Warranty”) the written order acknowledgment from Seller accepting the Buyer’s written order for the Products or Services (the “Order Acknowledgment”), and any confidentiality and/or nondisclosure agreement executed between Seller and Buyer (the “NDA”). These Terms, the Warranty, the Order Acknowledgment, and the NDA are hereafter collectively referred to as the “Contract,” whether or not specifically referred to. If any provision in the Order Acknowledgment is inconsistent with these Terms, the provision of the Order Acknowledgment shall govern. No additional or different terms or conditions or any modifications, changes or amendments to the Contract shall be binding upon Seller unless specifically agreed to in writing by an authorized representative of Seller. Seller hereby objects to, and rejects, any additional or different terms already or hereafter proposed by Xxxxx, whether contained in any of Buyer’s documentation including, without limitation, a purchase order, acknowledgement or other form, or in any other communication received by Seller from Buyer. Seller’s failure to further object to any of the provisions contained in any documentation of Buyer’s or any communication of any kind from Buyer shall not be deemed a waiver of the terms of the Contract or as an acceptance by Seller of any deviation from the terms of the Contract. SELLER’S ACCEPTANCE OF ANY OR ALL OF THE BUYER’S ORDERS FOR PRODUCTS OR SERVICES IS CONDITIONAL UPON BUYER’S ASSENT TO THE TERMS OF THE CONTRACT IN LIEU OF THE TERMS CONTAINED IN ANY OF BUYER’S COMMUNICATIONS OR DOCUMENTATION. The Contract constitutes the entire agreement between Seller and Buyer, superseding all prior oral or written communications and negotiations.
ACCEPTANCE AND COMPLETE AGREEMENT. The parties agree that these Standard Terms and Conditions are the exclusive and complete terms and conditions accompanying any accepted purchase order issued by H2O Innovation Inc. and/or any of its affiliates (“PO”). No other terms and conditions will be deemed relevant to explain or supplement these Standard Terms and Conditions whether oral, written, based on usage of trade, or course of dealing or performance. In case of contradiction between the terms and conditions stated on the PO and these Standard Terms and Conditions, the terms and conditions stated on the PO shall prevail.
ACCEPTANCE AND COMPLETE AGREEMENT. The parties agree that these Standard Terms and Conditions are the exclusive and complete terms and conditions accompanying any accepted purchase order issued by H2O Innovation Inc. and/or any of its affiliates (“PO”). No other terms and conditions will be deemed relevant to explain or supplement these Standard Terms and Conditions whether oral, written, based on usage of trade, or course of dealing or performance. In case of contradiction between the terms and conditions stated on the PO and these Standard Terms and Conditions, the terms and conditions stated on the PO shall prevail. For the purposes of these Standard Terms and Conditions, “affiliates” include, without limitation, H2O Innovation USA, Inc., Piedmont Pacific Corporation, Piedmont Pacific Inc., Genesys International Limited, Professional Water Technologies, LLC, and H2O Innovation Operation & Maintenance, LLC.
ACCEPTANCE AND COMPLETE AGREEMENT. The parties agree that these terms and conditions (the “Terms and Conditions”) are the exclusive and complete terms accompanying any business transaction entered, or to be entered, into between H2O Innovation Inc. (“H2O Innovation”) and the client or the distributor (the “Client”). In case of contradiction between the terms and conditions stated in the purchase order, invoice or any other written agreement between the parties (the “Agreement”) and these Terms and Conditions, the terms and conditions stated in the Agreement shall prevail.
ACCEPTANCE AND COMPLETE AGREEMENT. The parties agree that these terms and conditions (“Terms and Conditions”) are the exclusive and complete terms accompanying any accepted proposal or agreement (“Agreement”) related to any products or services to be provided by H2O Innovation Inc. and/or any of its affiliates (“H2O Innovation”) and no other terms will be deemed relevant to explain or supplement the Terms and Conditions whether oral, written, based on usage of trade, or course of dealing or performance. In case of contradiction between the terms and conditions stated in the Agreement and these Terms and Conditions, the terms and conditions stated in the Agreement shall prevail.
ACCEPTANCE AND COMPLETE AGREEMENT. Customer’s purchase order constitutes an expression of acceptance to Xxxxxx Industrial Valve, Inc. terms and conditions as set forth herein and Purchaser shall be deemed to have agreed hereto. Purchaser hereby agrees that Xxxxxx Industrial Valve, Inc. may correct any typographical or clerical error herein, and such correction shall become part of the Contract without any further action on the part of Purchaser.
ACCEPTANCE AND COMPLETE AGREEMENT. This Purchase Order constitutes the Buyer’s offer to the Seller and is not an acceptance by the Buyer and shall become a binding contract incorporating the terms and conditions set forth herein upon acceptance by the Seller. Acceptance of this offer by the Seller should be made by (a) executing and returning an acknowledgement copy or (b) delivering of any goods ordered herein or (c) rendering any service ordered herein. Any additional or different terms and conditions proposed by the Seller which differ from are in addition to terms and conditions contained herein shall be void and of no effect whatsoever unless expressly consented to in writing by the Buyer. Seller acknowledges that it has in its possession all applicable specifications, drawings, and documents, including statements of work, necessary to perform its obligations under this Purchase Order at the price and scheduled stated on the Purchase Order, authorization or attachments. All such documents shall be deemed part of this Purchase Order.
