Common use of Acceptance of Order Clause in Contracts

Acceptance of Order. The buyer issuing a purchase order, whether Cypress Semiconductor Corporation or one of its wholly owned subsidiaries (“Buyer”), and the party named in the purchase order (“Vendor”), agree that the terms and conditions herein, including any specifications, drawings or other documents incorporated by reference (the purchase order and the terms and conditions herein are, collectively, the “Order”), become the exclusive binding agreement between the parties covering the purchase of Products, Services and/or Software (defined below) ordered herein upon the earlier of: (a) Vendor issuing a written acceptance of the Order (including via email and including acceptance of a Buyer document referencing the Order) solely on the terms contained in the Order; or (b) any conduct by Vendor that acknowledges the existence of a contract pertaining to the subject matter of the Order. Buyer’s purchase of Products and Services and licensing of Software from Vendor is made conditional on Vendor’s assent to the terms and conditions in this Order. If Vendor has previously proposed or subsequently proposes any terms that add to, vary from, or conflict with the terms herein, such terms are hereby objected to and rejected by Xxxxx. If this Order has been issued by Buyer in response to an offer from Vendor and if any of the terms herein are additional to or different from any terms of such offer, then the issuance of this Order by Buyer will constitute an acceptance of such offer subject to the express conditions that Vendor agree to such additional and different terms contained herein, and Vendor will be deemed to have so agreed unless Vendor notifies Buyer to the contrary in writing within ten (10) days of receipt of this Order. To the extent this Order is deemed an acceptance of a previous offer by Vendor, any such acceptance is expressly limited to and conditioned on assent by Vendor to the terms of this Order. Acceptance of the Products, Services or Software delivered under this Order will not constitute acceptance of any of Vendor’s terms or any other additional or different terms. In the event that this Order is designated by Buyer as a blanket purchase order or scheduling order, as indicated in the purchase order, Buyer will have an option, but not the obligation, to procure up to the quantity of Products, Services and/or Software (defined below) described in the purchase order at the prices and during the time period specified by providing separate subsequent release orders to Vendor. Each release will be subject to the terms and conditions herein.

Acceptance of Order. The buyer issuing a purchase orderSkyWater Technology Foundry, whether Cypress Semiconductor Corporation or one of its wholly owned subsidiaries Inc. (“"Buyer”''), and the party named in the purchase order (“"Vendor”"), agree that the terms and conditions herein, including any specifications, drawings or other documents incorporated by reference (the purchase order and the terms and conditions herein are, collectively, the “"Order”''), become the exclusive binding agreement between the parties covering the purchase of Products, Services and/or Software (defined below) ordered herein upon the earlier of: (a) Vendor issuing a written acceptance of the Order (including via email and including acceptance of a Buyer document referencing the Orderemail) solely on the terms contained in the Order; or (b) any conduct by Vendor that acknowledges the existence of a contract pertaining to the subject matter of the Orderhereof. Buyer’s 's purchase of Products and Services and licensing of Software from Vendor is made conditional on Vendor’s 's assent to the terms and conditions in this Orderorder. Vendor acceptance for services assumes that vendor has competent knowledge and training to perform the services outlined in the order. If Vendor has previously proposed or subsequently proposes any terms that add to, vary from, or conflict with the terms herein, such terms are hereby objected to and rejected by Xxxxx. If this Order has been issued by Buyer in response to an offer from Vendor and if any of the terms herein are additional to or different from any terms of such offer, then the issuance of this Order by Buyer will shall constitute an acceptance of such offer subject to the express conditions that Vendor agree to such additional and different terms contained herein, and Vendor will shall be deemed to have so agreed unless Vendor notifies Buyer to the contrary in writing within ten (10) days of receipt of this Order. To the extent this Order order is deemed an acceptance of a previous offer by Vendor, any such acceptance is expressly limited to and conditioned on assent by Vendor to the terms of this Order. Acceptance of the Products, Services or Software delivered under this Order will shall not constitute acceptance of any of Vendor’s 's terms or any other additional or different terms. In the event that this Order is designated by Buyer as a blanket purchase order or scheduling order, as indicated in the purchase order, Buyer will shall have an option, but not the obligation, to procure up to the quantity of Products, Services and/or Software (defined below) described in the purchase order at the prices and during the time period specified by providing separate subsequent release orders to Vendor. Each release will shall be subject to the terms and conditions hereinhereof.

Acceptance of Order. The buyer issuing a purchase order, whether Cypress Semiconductor Corporation or one a) None of its wholly owned subsidiaries (“Buyer”), and the party named in the purchase order (“Vendor”), agree that the 's terms and conditions hereinthat are in addition or contrary to these Terms shall alter these Terms in any respect. By purchasing Products from Seller, including Buyer confirms its agreement with and acceptance of these Terms, and agrees that, even if Xxxxx sends Seller another form of agreement or terms or expresses some other understanding, any specificationsalternative, drawings conflicting, or other documents incorporated by reference (the purchase order and the additional set of terms and conditions herein areof sale and purchase proposed or counter-proposed by Buyer are expressly rejected and shall not apply to any Contract, collectively, the “Order”), become the exclusive binding agreement between the parties covering the purchase of Products, Services and/or Software (defined below) ordered herein upon the earlier of: (a) Vendor issuing a written acceptance of the Order (including via email and including acceptance of a Buyer document referencing the Order) solely even if referred to or printed on the terms contained in the Order; or (b) any conduct by Vendor that acknowledges the existence of a contract pertaining to the subject matter of the Order. BuyerFulfilment of Xxxxx’s purchase of Products and Services and licensing of Software from Vendor is made conditional on Vendor’s assent to the terms and conditions in this Order. If Vendor has previously proposed or subsequently proposes any terms that add to, vary from, or conflict with the terms herein, such terms are hereby objected to and rejected by Xxxxx. If this Order has been issued by Buyer in response to an offer from Vendor and if any of the terms herein are additional to or different from any terms of such offer, then the issuance of this Order by Buyer will constitute an acceptance of such offer subject to the express conditions that Vendor agree to such additional and different terms contained herein, and Vendor will be deemed to have so agreed unless Vendor notifies Buyer to the contrary in writing within ten (10) days of receipt of this Order. To the extent this Order is deemed an acceptance of a previous offer by Vendor, any such acceptance is expressly limited to and conditioned on assent by Vendor to the terms of this Order. Acceptance of the Products, Services or Software delivered under this Order will order does not constitute acceptance of any of VendorBuyer’s terms and conditions and does not serve to modify or any amend these Terms. b) Orders issued by Buyer shall become binding on Seller only upon the issuance of an Order Confirmation, or upon delivery of the Products, whichever is earlier. No changes to an Order issued by Buyer shall be binding unless Seller issues a new Order Confirmation or upon delivery of the Products in accordance with such changes, whichever is earlier. c) Any Order by and delivery to Buyer is subject to, among other additional or different termsthings, general credit approval and a specific credit limit set by Seller for Buyer at Seller’s reasonable discretion. In the event that this at any time Buyer places an Order to Seller which, individually or cumulated with the value of previous Orders for which payment is designated not yet received in full by Buyer as a blanket purchase order or scheduling orderSeller, as indicated in exceeds the purchase ordercredit limit(s) set by Seller, Buyer will have an optionSeller shall promptly inform Xxxxx and shall be entitled at its absolute discretion, but not the obligationat any time, thereby informing Buyer, to procure up suspend or cancel such Order, or all or part of any delivery under such Order, including any Order for which an Order Confirmation has already been sent to Buyer and without any liability, for as long as such credit limit is exceeded or until Buyer provides security acceptable to Seller with respect to any amount in excess of the quantity credit limit. This remedy shall operate in addition to all other remedies available under these Terms and at law (which Seller does not waive by the exercise of Products, Services and/or Software (defined below) described in the purchase order at the prices and during the time period specified by providing separate subsequent release orders to Vendor. Each release will be subject to the terms and conditions hereinany rights hereunder).

Acceptance of Order. The buyer issuing a purchase order, whether Cypress Semiconductor Corporation or one of its wholly owned subsidiaries subsidiaries, such as, without limitation Spansion LLC (“Buyer”), and the party named in the purchase order (“Vendor”), agree that the terms and conditions herein, including any specifications, drawings or other documents incorporated by reference (the purchase order and the terms and conditions herein are, collectively, the “Order”), become the exclusive binding agreement between the parties covering the purchase of Products, Services and/or Software (defined below) ordered herein upon the earlier of: (a) Vendor issuing a written acceptance of the Order (including via email and including acceptance of a Buyer document referencing the Orderemail) solely on the terms contained in the Order; or (b) any conduct by Vendor that acknowledges the existence of a contract pertaining to the subject matter of the Orderhereof. Buyer’s purchase of Products and Services and licensing of Software from Vendor is made conditional on Vendor’s assent to the terms and conditions in this Orderorder. If Vendor has previously proposed or subsequently proposes any terms that add to, vary from, or conflict with the terms herein, such terms are hereby objected to and rejected by Xxxxx. If this Order has been issued by Buyer in response to an offer from Vendor and if any of the terms herein are additional to or different from any terms of such offer, then the issuance of this Order by Buyer will shall constitute an acceptance of such offer subject to the express conditions that Vendor agree to such additional and different terms contained herein, and Vendor will shall be deemed to have so agreed unless Vendor notifies Buyer to the contrary in writing within ten (10) days of receipt of this Order. To the extent this Order order is deemed an acceptance of a previous offer by Vendor, any such acceptance is expressly limited to and conditioned on assent by Vendor to the terms of this Order. Acceptance of the Products, Services or Software delivered under this Order will shall not constitute acceptance of any of Vendor’s terms or any other additional or different terms. In the event that this Order is designated by Buyer as a blanket purchase order or scheduling order, as indicated in the purchase order, Buyer will shall have an option, but not the obligation, to procure up to the quantity of Products, Services and/or Software (defined below) described in the purchase order at the prices and during the time period specified by providing separate subsequent release orders to Vendor. Each release will shall be subject to the terms and conditions hereinhereof.

Acceptance of Order. The buyer issuing a purchase order, whether Cypress Semiconductor Corporation or one of its wholly owned subsidiaries This Purchase Order (“Buyer”), and "Order") contains the party named in the purchase order (“Vendor”), agree that the entire terms and conditions hereinof the agreement between the Seller named on the front side hereof ("Seller") and NeoPhotonics Corporation, including a Delaware corporation ("NeoPhotonics") regarding the articles, materials, parts and work covered by this Order ("Goods"). NeoPhotonics hereby objects to all additional terms or modifications to this Order proposed by Seller contained in any specificationscommunication from Seller or proposed by any course of dealing or performance between Seller and NeoPhotonics, drawings and no such additional terms or other documents incorporated modifications shall be binding on NeoPhotonics without NeoPhotonics's prior express written consent thereto. NeoPhotonics's failure to further object to any such additional terms or modifications contained in any communication from Seller or proposed by reference (any course of dealing or performance between Seller and NeoPhotonics shall not be deemed a waiver of the purchase order provisions hereof or an approval of the terms or modifications therein. Unless NeoPhotonics has provided prior express written consent to the contrary, any term or condition of the reverse side of this Order shall prevail in the event that there is an inconsistency between it and any term or condition of the front side of this Order. Any term or condition of this Order shall prevail in the event that there is an inconsistency between it and any term or condition of any communication from Seller or of any course of dealing or performance between Seller and NeoPhotonics. Seller shall be deemed to have accepted, and shall be bound by, this Order and its terms and conditions herein are, collectively, the “Order”), become the exclusive binding agreement between the parties covering the purchase of Products, Services and/or Software (defined below) ordered herein upon the earlier earliest of: (a) Vendor issuing the date Seller returns to NeoPhotonics a written acceptance of the Order (including via email and including acceptance of a Buyer document referencing the Order) solely on the terms contained in the Orderacknowledgement thereof; or (b) any conduct by Vendor that acknowledges the existence of a contract pertaining date Seller ships to the subject matter of the Order. Buyer’s purchase of Products and Services and licensing of Software from Vendor is made conditional on Vendor’s assent to the terms and conditions in this Order. If Vendor has previously proposed or subsequently proposes any terms that add to, vary from, or conflict with the terms herein, such terms are hereby objected to and rejected by Xxxxx. If this Order has been issued by Buyer in response to an offer from Vendor and if NeoPhotonics any of the terms herein are additional Goods; and (c) the date five (5) business days after NeoPhotonics's delivery to or different from any terms of such offer, then the issuance Seller of this Order by Buyer will constitute an acceptance of unless Seller has notified NeoPhotonics within such offer subject to the express conditions time that Vendor agree to such additional and different terms contained herein, and Vendor will Seller shall not be deemed to have so agreed unless Vendor notifies Buyer to the contrary in writing within ten (10) days of receipt of this Order. To the extent this Order is deemed an acceptance of a previous offer by Vendor, any such acceptance is expressly limited to and conditioned on assent by Vendor to the terms of this Order. Acceptance of the Products, Services or Software delivered under this Order will not constitute acceptance of any of Vendor’s terms or any other additional or different terms. In the event that this Order is designated by Buyer as a blanket purchase order or scheduling order, as indicated in the purchase order, Buyer will have an option, but not the obligation, to procure up to the quantity of Products, Services and/or Software (defined below) described in the purchase order at the prices and during the time period specified by providing separate subsequent release orders to Vendor. Each release will be subject to the terms and conditions hereinbound.