Common use of Acceptance of Purchase Order Clause in Contracts

Acceptance of Purchase Order. This Order expressly limits acceptance to the terms stated herein. Any additional or different terms proposed by Seller are objected to and rejected; however, such proposals shall not operate as a rejection of this Order, even if Seller purports to condition its acceptance of this Order on Buyer’s agreement to such additional or different terms. The manufacture or delivery of Products or the performance of Services described on the face hereof will constitute an acceptance by Seller of this Order and all terms and conditions contained herein. By manufacturing the Products or performing the Services, Seller waives any and all terms and conditions of its proposal, quotation, acknowledgment or other form which are inconsistent with the terms and conditions contained in this Order. Buyer reserves the right to reject any articles or materials not in accordance with warranties or shipped contrary to shipping instructions, and to return same at Seller’s risk and expense, with all handling and incoming and outgoing transportation charges for Seller’s account. Unless otherwise stated, Xxxxx’s count/weight will be accepted. Articles or materials returned are not to be replaced except on written instructions from Buyer. Failure to give notice of defects to Seller shall not constitute a waiver of breach of warranty or any other condition.

Appears in 3 contracts

Samples: Purchase Order, Purchase Order, Purchase Order

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Acceptance of Purchase Order. This Order expressly limits acceptance to the terms stated herein. Any additional or different terms proposed by Seller are objected to and rejected; however, such proposals shall not operate as a rejection of this Order, even if Seller purports to condition its acceptance of this Order on Buyer’s agreement to such additional or different terms. The manufacture or delivery of Products or the performance of Services described on the face hereof will constitute an acceptance by Seller of this Order and all terms and conditions contained herein. By manufacturing the Products or performing the Services, Seller waives any and all terms and conditions of its proposal, quotation, acknowledgment or other form which are inconsistent with the terms and conditions contained in this Order. Buyer reserves the right to reject any articles or materials not in accordance with warranties or shipped contrary to shipping instructions, and to return same at Seller’s risk and expense, with all handling and incoming and outgoing transportation charges for Seller’s account. Unless otherwise stated, XxxxxBuyer’s count/weight will be accepted. Articles or materials returned are not to be replaced except on written instructions from Buyer. Failure to give notice of defects to Seller shall not constitute a waiver of breach of warranty or any other condition.

Appears in 2 contracts

Samples: Purchase Order, Purchase Order

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