ACCEPTANCE OF CONTRACT/TERMS AND CONDITIONS. (a) The Work shall comply with all drawings and specifications referred to in Xxxxx’s request for quote. If Xxxxx’s request for quote refers to Seller’s drawings or specifications for the Work, Xxxxxx agrees to notify Buyer of any changes to its drawings and specifications 60 days prior to implementation of any such change in order to assess the impact of the change. (b) This Contract is the sole and entire agreement of the Parties with respect to the Work and integrates, merges, and supersedes any prior offers, negotiations, representations, warranties, , agreements and communications whether written or verbal concerning the subject matter hereof. This contract prevails over any of Seller’s general terms and conditions of sale or any other Seller document. (c) Seller’s acknowledgment, acceptance of payment, or commencement of performance, shall constitute Seller’s unqualified acceptance of this Contract. The Contract is not binding until Seller accepts it in writing or starts to performing accordance with the Contract. Buyer may withdraw the Contract at any time prior to acceptance. (d) The Contract expressly limits Seller’s acceptance to the terms hereof. Additional or differing terms or conditions proposed by Seller or included in Seller’s acknowledgment hereof are hereby objected to by Buyer and have no effect unless expressly accepted in writing by Xxxxx. (e) Seller agrees to indemnify, save harmless and defend Buyer and its directors, officers, employees, agents, successors, and assigns from and against any and all liabilities, claims, losses, damages, fines, penalties, forfeitures, and the costs and expenses incident thereto (including costs of defense, settlement, and reasonable attorney’s fees) which it or they may hereafter incur, become responsible for, or pay out as a result of, or arising out of, Seller’s negligence, willful misconduct or breach of the Contract. Seller shall include this clause in all subcontracts at any tier, involving the performance of this Contract. (f) Buyer is not obligated to any minimum purchase or future purchase obligations under this Contract.
Appears in 6 contracts
Samples: Purchase Order Agreement, Purchase Order Agreement, Purchase Order Agreement
ACCEPTANCE OF CONTRACT/TERMS AND CONDITIONS. (a) The Work shall comply with all drawings and specifications referred to in Xxxxx’s request for quote. If Xxxxx’s request for quote refers to Seller’s drawings or specifications for the Work, Xxxxxx agrees to notify Buyer of any changes to its drawings and specifications 60 days prior to implementation of any such change in order to assess the impact of the change.
(b) This Contract is the sole and entire agreement of the Parties with respect to the Work and integrates, merges, and supersedes any prior offers, negotiations, representations, warranties, , agreements and communications whether written or verbal concerning the subject matter hereof. This contract prevails over any of Seller’s general terms and conditions of sale or any other Seller document.
(c) Seller’s acknowledgment, acceptance of payment, or commencement of performance, shall constitute Seller’s unqualified acceptance of this Contract. The Contract is not binding until Seller accepts it in writing or starts to performing perform in accordance with the Contract. Buyer may withdraw the Contract at any time prior to acceptance.
(d) The Contract expressly limits Seller’s acceptance to the terms hereof. Additional or differing terms or conditions proposed by Seller or included in Seller’s acknowledgment hereof are hereby objected to by Buyer and have no effect unless expressly accepted in writing by Xxxxx.
(e) Seller agrees to indemnify, save harmless and defend Buyer and its directors, officers, employees, agents, successors, and assigns from and against any and all liabilities, claims, losses, damages, fines, penalties, forfeitures, and the costs and expenses incident thereto (including costs of defense, settlement, and reasonable attorney’s fees) which it or they may hereafter incur, become responsible for, or pay out as a result of, or arising out of, Seller’s negligence, willful misconduct or breach of the Contract. Seller shall include this clause in all subcontracts at any tier, involving the performance of this Contract.
(f) Buyer is not obligated to any minimum purchase or future purchase obligations under this Contract.
Appears in 1 contract
Samples: Standard Terms and Conditions