Acceptance by Supplier. Upon the Supplier’s acceptance (whether in writing or by conduct) of the Purchase Order, the Supplier agrees to the terms and conditions of this Agreement.
Acceptance by Supplier. Supplier agrees to perform the services ("Services") and/or provide the goods or Service deliverables (collectively referred to as "Goods"), described in and in accordance with any Order, scope of work and with these Terms and Conditions ("Agreement"). Upon acceptance of an Order, shipment of Goods or commencement of a Service, Supplier shall be bound by the provisions of this Agreement, including all provisions set forth on the face of any applicable Order, whether Supplier acknowledges or otherwise signs this Agreement or the Order, unless Supplier objects to such terms in writing prior to shipping Goods or commencing Services. Any terms or conditions contained in any acknowledgment, invoice or other communication of Supplier, which are inconsistent with the terms and conditions herein, are hereby rejected.
Acceptance by Supplier. Supplier will accept or reject in writing (which may occur by electronic mail) all Purchase Orders within three (3) Business Days following their receipt. Any Purchase Order not rejected within (3) Business Days of its receipt will be deemed accepted by Supplier. The delivery date will be the date stated in the Purchase Order unless the parties mutually agree otherwise in writing (which may occur by electronic mail).
Acceptance by Supplier. Subject to the establishment of reasonable manufacturing delivery dates (any requested date within the lead time set forth above will be conclusively deemed agreeable), Supplier will acknowledge in writing all purchase orders submitted by Gigamon within [*****] day and inform Gigamon of its rejection or acceptance within [*****] days after receipt. Each acceptance will include a firm shipping date for the Products ordered in the purchase order. “Working day” means a regular week day on which Gigamon or Supplier is open for business. Shipment will be in accordance with accepted purchase orders. Supplier will give prompt written notice to Gigamon of any anticipated delay. [*****] Information has been omitted and submitted separately to the Securities and Exchange Commission. Confidential treatment has been requested with respect to the omitted portions.
Acceptance by Supplier. Supplier shall indicate acceptance of this Agreement by signing the Purchase Order, by acknowledging acceptance in writing, by electronic acceptance via electronic data interchange or other method selected by DISH, or by delivering the Products to DISH. By accepting the Purchase Order, Supplier agrees to all of the terms and conditions of this Agreement. Any proposed modifications to this Agreement by Supplier (including, without limitation, different or additional terms, whether contained in Supplier's sales forms, oral or written quotes, acknowledgements, invoices, click-through agreements, communications or otherwise) shall be considered material and are hereby expressly rejected. Acceptance of the Products, payment or any inaction by DISH shall not constitute DISH’s consent to or acceptance of any terms and/or conditions not contained in this Agreement, all of which are hereby expressly rejected. The Purchase Order is expressly limited to, and expressly conditioned upon, Supplier's acceptance of this Agreement. Notification of objection to and rejection of any and all different or additional terms in any response to this offer from Supplier is hereby given and receipt thereof is acknowledged by Supplier. DISH may modify, replace or update these Terms and Conditions at any time and from time to time. It is Supplier’s responsibility to ensure that it has reviewed and is familiar with the Terms and Conditions in effect as of the time that DISH issues a Purchase Order. Supplier can review the Terms and Conditions at xxxxx://xxx.xxxx.xxx/po. Supplier will be bound by the Terms and Conditions in effect as of the time DISH issues the Purchase Order.
Acceptance by Supplier. Supplier shall accept and acknowledge in writing (with a copy of such acknowledgement to Coda, if Coda is not the Purchaser) all Purchase Orders submitted by a Purchaser within [***] after receipt thereof, provided such Purchase Order is consistent with the previously delivered Forecast. Each acknowledgment shall include a firm shipping date for the Products ordered in the Purchase Order. "Working day" shall mean a regular week day on which Coda is open for business. Supplier shall give prompt written notice to the applicable Purchaser (with a copy to Coda, if Coda is not the Purchaser) of any anticipated delay, but the foregoing shall not diminish the fact that time is of the essence.
Acceptance by Supplier. Supplier shall, within five (5) business days after its receipt of an Order, either accept the Order or propose alternatives to the objected-to terms of the Order, with such alternatives, if accepted by Purchaser, to be mutually set forth in a writing signed by both parties. Supplier must accept an Order that specifies a volume within the forecast issued by Purchaser and complies with the applicable lead-time requirements. Otherwise, Supplier must use reasonable efforts to accept each Order. Any Order request by Purchaser that exceeds the volumes set forth in the corresponding forecast issued by Purchaser or the flexibility parameters set forth in Section 5.5 shall be accommodated by Supplier on a commercially reasonable efforts basis. Partial shipment of any Order will be permitted. *** Confidential treatment requested pursuant to a request for confidential treatment filed with the Securities and Exchange Commission. Omitted portions have been filed separately with the Commission.
Acceptance by Supplier of the final payment under this Contract shall constitute a waiver, release and discharge of any and all claims and demands of any kind or character whatsoever, which Supplier then has, or may or can thereafter acquire, against Arconic, its successors and assigns, for or on account of any matter or things whatsoever arising out of, or in any manner connected with, the performance of this Contract, or any agreement supplemental thereto. However, final payment by Arconic for goods or services provided shall not constitute acceptance nor a waiver, release or discharge of any claims or demands, which Arconic then has or may or can thereafter acquire against Supplier, its successors or assigns, for or on account of any matter or things whatsoever arising out of, or in any manner connected with, the performance of this Contract or any agreement supplemental thereto.
