ACCEPTANCE/MODIFICATION Sample Clauses

ACCEPTANCE/MODIFICATION. Customer’s notice to proceed or possession of Equipment shall be deemed Contract to and acceptance of the Contract. Acceptance by Xxxxx is expressly limited to these terms and conditions. Any purchase order or other document submitted by Customer with differing terms or conditions applicable to Equipment is hereby rejected. This Contract contains the entire Contract between the Owner and the Customer. These terms and conditions may only be modified by the Owner’s quotation; however, no modification of this Contract shall be binding upon Owner unless such modifications are in writing and signed by both parties.
Sample 1Sample 2
AutoNDA by SimpleDocs
ACCEPTANCE/MODIFICATION. Written acceptance of this Purchase Order, or commencement of performance of any work or services pursuant to this Purchase Order, shall constitute acceptance of this Purchase Order. Such acceptance is limited to these terms and conditions. All terms and conditions proposed by Seller that are different from or in addition to this Purchase Order are expressly rejected by Buyer. No purported verbal agreement or other understanding that attempts in any way to modify the conditions of the agreement resulting from this Purchase Order will be binding upon Buyer. Any modification to this Purchase Order shall be made only in writing signed by both parties to this Purchase Order.
Sample 1
ACCEPTANCE/MODIFICATION. Customer’s notice to proceed or possession of Equipment shall be deemed Contract to and acceptance of the Contract. Acceptance by the Customer is expressly subject to these terms and conditions. Any purchase order or other document submitted by Customer, whether before or after acceptance, with differing terms or conditions applicable to Equipment is hereby rejected. This Contract contains the entire agreement between the Owner and the Customer, which cannot be modified unless such modifications are in writing and signed by both parties. To the extent of any conflict or inconsistency between these terms and conditions and the quotation, then the particular terms set out in the most recent quotation shall prevail to the extent of such conflict or inconsistency.
Sample 1
ACCEPTANCE/MODIFICATION. A purchase order issued by Purchaser will be binding on the parties when accepted in writing by Seller or upon shipment of products or commencement of a service by Seller, and is the exclusive agreement between Seller and Purchaser, and there are no other terms, conditions, contracts or agreements between the parties with respect to the subject matter of such purchase order. Seller shall be bound by the provisions of the purchase order, including all provisions set forth on the face of the purchase order, unless Seller objects to such terms in writing prior to shipping the products that are the subject of the purchase order (individually, a “product” or collectively, the “products”). These Terms and Conditions may not be altered, amended, or waived except in writing signed by an officer of the party to be bound thereby. If any provisions of Seller’s purchase order acknowledgement or other documents generated by the Seller are different from or are otherwise in conflict with these Terms and Conditions, then these Terms and Conditions shall control and the terms contained in Seller's purchase order acknowledgement or other documents are expressly rejected by Purchaser.
Sample 1

Related to ACCEPTANCE/MODIFICATION

  • Contract Modification The conditions of this timber sale are completely set forth in this contract. Except as provided in B8.32 and B8.33, this contract can be modified only by written agreement between the parties. Only Contracting Officer may make contract modifications, with compensating adjustments to Current Contract Rates where appropriate, on behalf of Forest Service.

  • Contract Modifications It is understood that changes are inherent in operations of the type covered by this contract. The number of changes, the scope of those changes, and the impact they have on the progress of the original operations cannot be defined at this time. The PURCHASER is notified that changes are anticipated and that there will be no compensation made to the PURCHASER directly related to the number of changes made. Each change will be evaluated for extension of contract time and increase or decrease in compensation based on its own merit. STATE reserves the right to make, at any time during the contract, such modifications as are necessary or desirable; provided such modifications shall not change the character of the operations to be done nor increase the cost, unless such operations or cost increase is approved in writing by PURCHASER. Any modifications so made shall not invalidate this contract nor release PURCHASER of obligations under the performance bond. PURCHASER agrees to do the modified operations as if it had been a part of the original contract. If any change under this section causes an increase or decrease in the PURCHASER's cost of, or the time required for the performance of any part of the operations, the PURCHASER must submit a written statement setting forth the nature and specific extent of the claim. Such claim shall include all time and cost impacts against the contract and be submitted as soon as possible, but no later than 30 days after receipt of any written notice of modification of the contract. If the PURCHASER discovers site conditions which differ materially from what was represented in the contract or from conditions that would normally be expected to exist and be inherent to the activities defined in the contract, the PURCHASER shall notify the STATE's Authorized Representative immediately and before the area has been disturbed. The STATE's Authorized Representative will investigate the area and make a determination as to whether or not the conditions differ materially from either the conditions stated in the contract or those which could reasonably be expected in execution of this particular contract. If it is determined that a differing site condition exists, any compensation or credit will be determined based on an analysis by STATE's Authorized Representative. If the PURCHASER does not concur with the decision of the STATE's Authorized Representative and/or believes that it is entitled to additional compensation, the PURCHASER may proceed to file a claim. Claims Review Process. All PURCHASER claims shall be referred to the STATE's Authorized Representative for review. All claims shall be made in writing to the STATE's Authorized Representative not more than ten days from the date of the occurrence of the event which gives rise to the claim or not more than ten days from the date that the PURCHASER knew or should have known of the problem. Unless the claim is made in accordance with these time requirements, it shall be waived. All claims shall be submitted in writing and shall include a detailed, factual statement of the basis of the claim, pertinent dates, contract provisions which support or allow the claim, reference to or copies of any documents which support the claim, the exact dollar value of the claim, and specific time extension requested for the claim. If the claim involves operations to be completed by subcontractors, the PURCHASER will analyze and evaluate the merits of the subcontractor's claim. PURCHASER shall forward the subcontractor's claim and PURCHASER's evaluation of such claim to STATE's Authorized Representative. The STATE's Authorized Representative will not consider direct claims from subcontractors, suppliers, manufacturers, or others not a party to this contract. The decision of the STATE shall be final and binding unless the PURCHASER requests mediation.

  • Termination; Modification Green Dot reserves the right, without notice and at its sole discretion, to suspend or terminate your ability to access or use the Service, and to block or prevent future access to and use of the Service for any reason. Green Dot may, in its sole discretion, terminate, change, modify, suspend, make improvements to or discontinue any or all aspects of the Service, temporarily or permanently, at any time with or without notice to you. You agree that Green Dot shall not be liable to you or to any third party for any such modification, suspension or discontinuance.

  • Cost Modifications The parties may agree to a reduction in the cost of the Contract at any time during which the Contract is in effect. Without intending to impose a limitation on the nature of the reduction, the reduction may be to hourly, staffing or unit costs, the total cost of the Contract or the reduction may take such other form as the State deems to be necessary or appropriate.

  • Modification; Assignment No amendment or other modification, rescission, release, or assignment of any part of this Agreement shall be effective except pursuant to a written agreement subscribed by the duly authorized representatives of the parties hereto.

  • Acceptable Modifications 8. This Guaranty shall be binding upon the Guarantor and upon its successors and assigns and shall inure to the benefit of and be enforceable by the Guaranteed Party and their successors and assigns; provided, however, that the Guarantor may not assign or transfer any of its rights or obligations hereunder without the prior written consent of the Guaranteed Party, which consent may not be unreasonably withheld or delayed. The assignment rights of the Guaranteed Party will be in accordance with any applicable terms of the Agreement. Modification #7

  • DESCRIPTION OF CONTRACT MODIFICATION This contract modification is made in accordance with Exhibit E-Revised-1, Contractual Terms and Conditions, Section 22. CHANGES, to be made part hereof for all pertinent purposes. The changes are as follows:

  • Waiver; Modification Failure to insist upon strict compliance with any of the terms, covenants, or conditions hereof shall not be deemed a waiver of such term, covenant, or condition, nor shall any waiver or relinquishment of, or failure to insist upon strict compliance with, any right or power hereunder at any one or more times be deemed a waiver or relinquishment of such right or power at any other time or times. This Agreement shall not be modified in any respect except by a writing executed by each party hereto.

  • AGREEMENT AND MODIFICATION 14.1 Any change in the terms of this Agreement shall be valid only if the change is made in writing, agreed and signed by the Parties.

  • Amendment and Modification This Agreement may only be amended, modified or supplemented by an agreement in writing signed by each party hereto.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!