Acceptance & Entire Agreement. Buyer’s purchase order, including these terms and conditions (this “Order”), constitutes Buyer’s offer to purchase from Seller products (collectively “Products”), or services (“Services”). BUYER EXPRESSLY OBJECTS TO AND EXPRESSLY REJECTS ANY PROVISIONS ADDITIONAL TO OR DIFFERENT THAN THE TERMS HEREOF THAT MAY APPEAR IN SELLER’S QUOTATION, ACKNOWLEDGMENT, CONFIRMATION, INVOICE OR IN ANY OTHER PRIOR OR LATER COMMUNICATION FROM SELLER TO BUYER UNLESS SUCH PROVISION IS EXPRESSLY AGREED TO BY BUYER IN A WRITING SIGNED BY BUYER. This Order and, if applicable, any related agreement(s) such as a Purchase Contract, Business Unit Supply Agreement with Seller and any related Master Supply Agreement (collectively “Related Agreements”) whose terms and conditions apply to this Order, shall supersede all prior or contemporaneous agreements, negotiations, representations, warranties, and communications, whether oral or written and shall constitute the entire agreement between Buyer and Seller. In the event of a conflict between these terms and conditions, the Related Agreements, the Related Agreements shall take precedence. No change, modification, rescission, discharge, abandonment, or waiver of these terms and conditions shall be binding upon Buyer unless made in writing and signed on its behalf by a duly authorized representative of Buyer and specifically references this Order. No conditions, custom, usage of trade, course of dealing or performance, understanding or agreement purporting to modify, vary, explain, or supplement these terms and conditions shall be binding unless hereafter made in writing and signed by the party to be bound. Mistakes in prices, discounts, specifications, delivery schedules or other terms and any noticeable discrepancies in quantities or sizes are to be reported immediately by Seller to Buyer and Seller shall immediately remedy such mistakes by refunding incorrect charges to Buyer or correcting such other discrepancies, unless otherwise directed by Xxxxx.
Acceptance & Entire Agreement. The Purchase Order issued by Buyer for the purchase of Materials or performance of Services from Seller and these General Terms and Conditions, which are incorporated into and made a part of such Purchase Order, are collectively referred to as the “Contract.” No confirming orders, or other documentation, written or oral, by Seller modifies, alters, or changes the express written terms of this Contract and Buyer hereby expressly rejects any terms and conditions contained in any order acknowledgement or proposal provided by Seller. If any additional or different terms are proposed by Seller while accepting this Contract, including strikeouts of language, such additional or different terms will be considered as a proposal by Seller for a modification of this Contract and will be effective only if expressly accepted in writing by Buyer. The return of an acceptance copy signed by Seller, shipping of any Materials, or performance of Services constitutes acceptance by Seller of this Contract.
Acceptance & Entire Agreement. Seller agrees to sell to Purchaser and Xxxxxxxxx agrees to purchase from Seller the goods described in Purchaser’s Purchase Order. SELLER’S PERFORMANCE SHALL BE EXPRESSLY LIMITED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT AND ALL PREVIOUS OFFERS BY PURCHASER ARE HEREBY REJECTED AND SELLER SHALL NOT BE BOUND BY TERMS IN ADDITION TO OR DIFFERENT FROM THOSE IN THIS AGREEMENT OR WHICH MAY APPEAR IN PURCHASER’S PURCHASE ORDER OR IN ANY OTHER COMMUNICATIONS FROM THE PURCHASER AND NOTHING HEREIN CONTAINED NOR ANY INACTION BY THE SELLER SHALL CONSTITUTE THE SELLER’S CONSENT TO OR ACCEPTANCE OF ANY SUCH TERMS.
Acceptance & Entire Agreement. As a condition precedent to the effectiveness of an order, all orders are subject to approval and acceptance by SUPPLIER. This Agreement, along with any attached exhibits, constitutes the entire agreement of the parties herein. Signed Date
Acceptance & Entire Agreement. Upon acceptance, the terms contained in this Contract will constitute the entire agreement between Innotrac and MR with regard to the subject matter hereof and supersede all prior oral and written communications, agreements and understandings of Innotrac and MR. THIS CONTRACT MAY NOT BE MODIFIED EXCEPT BY A WRITTEN INSTRUMENT SIGNED ON BEHALF OF BOTH PARTIES BY THE REPRESENTATIVES WHO SIGN THIS CONTRACT OR THEIR SUCCESSORS IN TITLE AND HAVING REQUISITE AUTHORITY. If either representative is no longer employed by Innotrac/MR or has been demoted, or if the approval level no longer exists, a manager at a level equal to or exceeding the original level must execute revisions to this Contract. This Contract may be executed in one (1) or more counterparts, all of which will constitute one and the same instrument.
Acceptance & Entire Agreement. MODIFICATION. This Order is for the purchase by Buyer and sale by Seller of the Articles described in this Order. Acceptance of this Order shall be limited to the terms and conditions contained herein and incorporated herein by reference. This Order shall be deemed accepted upon the return of the acknowledgement copy of this Order or the commencement of performance by Seller. Buyer rejects any additional or inconsistent terms and conditions offered by Seller at any time, whether or not such terms or conditions materially alter the Order and irrespective of Buyer’s acceptance of or payment for Seller’s items or services. These terms and conditions constitute the entire agreement between the parties and no change to or modification of this Order shall be binding upon Buyer unless in writing and signed by an authorized representative of Buyer’s procurement or purchasing office at Buyer’s place of business issuing this Order.
Acceptance & Entire Agreement. The items described in this document and the quotation and/or proposal (“Quotation”) provided by Xxxxxxx Process LLC, its subsidiaries, and authorized distributors (collectively, the “Seller”) are hereby offered for sale at prices to be established by Seller. The offer and its acceptance by any buyer (“Buyer”) shall be governed by all of the following Standard Terms and Conditions of Sale (“Terms and Conditions”). Xxxxx’s order for any item described in the Quotation, when communicated to Seller in writing, shall constitute acceptance of this offer. All equipment or parts described will be referred to herein as “Goods.” All work, including, but not limited to, design, engineering, installation, integration, training, maintenance, consulting, and professional services, which services may be provided by Seller or by Seller’s agent will be referred to herein as “Services.” Any amendment, waiver, change order, or other alteration of these Terms and Conditions by a party shall be effective only if made in writing signed by an officer or director of each party. No course of prior dealings or usage of trade shall be relevant to, supplement, or explain any term used herein or constitute a waiver of these terms, conditions, or limitations. Notwithstanding any contrary language in Buyer’s order, each order shall be subject to acceptance by an authorized employee of Seller and each transaction shall be governed exclusively by these Terms and Conditions. Such acceptance is expressly limited to these Terms and Conditions and any additional or different terms proposed by Xxxxx are automatically rejected unless expressly assented to in writing by Seller. No contract shall exist except as hereinabove provided. This Agreement constitutes the entire agreement between Seller and Buyer (the “Agreement”) and supersedes any prior understandings and/or written or oral agreements among them respecting the within subject matter. There are no representations, agreements, arrangements, or understandings, oral or written, between or among the parties hereto relating to the subject matter hereof that are not fully expressed herein.
Acceptance & Entire Agreement. The participation of each Sponsor in the Meeting is subject to acceptance by APS, and Sponsor’s compliance with the terms of this Agreement. Any services and benefits that the Sponsor is eligible for shall be determined by its Sponsor Package. APS may withdraw its acceptance at any time prior to the Meeting by providing a refund of the total Sponsor Amount to the Sponsor, if APS determines that Sponsor or its product is ineligible to participate. The Meeting dates, benefits, hours, and venue may be modified by information provided by APS to the Sponsor in writing.
Acceptance & Entire Agreement. Execution of a Service Agreement by both shall constitute the acceptance of the Service Agreement by such parties, including all of the terms and conditions contained herein, and the entry by the parties into a binding contract of purchase and sale. No additional or different terms and conditions shall be effective unless in writing and signed by a duly authorized representative of each party in a document that expressly refers to this Service Agreement. A Service Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof. The terms and conditions of the Service Agreement may not be modified or amended except in a written agreement signed by both parties.
Acceptance & Entire Agreement. Seller’s acceptance of Xxxxx’x purchase order, whether by acknowledgment, shipment or other performance, shall constitute Seller’s agreement that the contract of sale between the parties is subject to and incorporates the terms and conditions set forth herein (“Terms”). Xxxxx’x purchase order and these Terms shall constitute the entire agreement between the parties with respect to the subject matter thereof, superseding all prior and contemporaneous oral and written communications between the parties and may not be modified or rescinded except by a writing signed by Seller and Xxxxx. Xxxxx rejects, and shall not be bound by, any additional or different terms which may appear in Seller’s quotations, acknowledgments, invoices, or other communications from Seller. The term “Products” as used herein means the goods, materials or services to be provided by Seller pursuant to the contract of sale formed between the parties.
