Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part of a written agreement signed by both parties, which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement.
Appears in 35 contracts
Samples: Ge Vernova Power Terms, Ge Vernova Power Terms, Ge Vernova Power Terms
Acceptance of Terms. Supplier Seller agrees to be bound by and to comply with all terms set forth herein and on in the purchase order (“PO”) order, to which these terms are attached or and are expressly incorporated by reference (each as amended or supplementedcollectively, and together with the “Order”), including any amendments, supplements, specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms Acknowledgement of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyerincluding without limitation, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement beginning performance of the work called for by this Order in any mannerOrder, shall be deemed acceptance of this Order. The terms set forth in this Order take precedence over any additional or different alternative terms in any other document connected with this transaction unless such additional or different alternative terms are: (ia) part of a written supply agreement signed by both parties(“Supply Agreement”), which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict conflict; and/or (“Agreement”); or (iib) set forth on the PO face of the Order to which these terms are attached. In the event these terms are part of an a written Supply Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Supply Agreement. This Order does not constitute an acceptance by Buyer of any offer to sell, any quotation, or any proposal. Reference in this Order to any such offer to sell, quotation or proposal shall in no way constitute a modification of any of the terms of this Order. ANY ATTEMPTED ACKNOWLEDGMENT OF THIS ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT BINDING UNLESS SPECIFICALLY ACCEPTED BY BUYER IN WRITING.
Appears in 15 contracts
Samples: Supply Agreement (Tpi Composites, Inc), Supply Agreement (Tpi Composites, Inc), Supply Agreement
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described hereintherein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyerwriting. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (ia) part of a written agreement signed by both parties(“Agreement”), which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”)conflict; or (iib) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement.
Appears in 14 contracts
Samples: Ge Power Terms of Purchase, Ge Power Terms of Purchase, dsdrenewables.com
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described hereintherein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyerwriting. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's ’s commencement of the work called for by this Order Order, in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction transaction, unless such additional or different terms are: (ia) part of a written agreement signed by both parties(“Agreement”), which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”)conflict; or (iib) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement.
Appears in 8 contracts
Samples: www.gevernova.com, www.gepowerconversion.com, gexproservices.com
Acceptance of Terms. Supplier Seller agrees to be bound by and to comply with all terms set forth herein and on in the purchase order (“PO”) order, to which these terms are attached or and are expressly incorporated by reference (each as amended or supplementedcollectively, and together with the “Order”), including any amendments, supplements, specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms Acknowledgement of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyerincluding without limitation, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement beginning performance of the work called for by this Order in any mannerOrder, shall be deemed acceptance of this Order. The terms set forth in this Order take precedence over any additional or different alternative terms in any other document connected with this transaction unless such additional or different alternative terms are: (i) part of a written supply agreement signed by both parties(“Supply Agreement”), which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (and/or ii) set forth on the PO face of the Order to which these terms are attached. In the event these terms are part of an a written Supply Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Supply Agreement. This Order does not constitute an acceptance by Buyer of any offer to sell, any quotation, or any proposal. Reference in this Order to any such offer to sell, quotation or proposal shall in no way constitute a modification of any of the terms of this Order. ANY ATTEMPTED ACKNOWLEDGMENT OF THIS ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT BINDING UNLESS SPECIFICALLY ACCEPTED BY BUYER IN WRITING.
Appears in 7 contracts
Samples: Supply Agreement, Supply Agreement (Tpi Composites, Inc), Supply Agreement (Tpi Composites, Inc)
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing and signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part of a written agreement signed by both parties, which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement.
Appears in 7 contracts
Samples: Ge Terms of Purchase, Ge Terms of Purchase, Ge Power Terms of Purchase
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order, or, if Supplier does not reject within ten (10) days after the placement of the Order; or (b) Supplier's ’s commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part of a written agreement signed by both parties, which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement.
Appears in 4 contracts
Samples: Ge Power, Ge Power, www.gevernova.com
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this OrderOrder in writing; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part of a written agreement signed by both parties, which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement.
Appears in 4 contracts
Samples: Terms of Purchase, Ge Power Terms, www.gevernova.com
Acceptance of Terms. Supplier Seller agrees to be bound by and to comply with all terms set forth herein and on in the purchase order (“PO”) order, to which these terms are attached or and are expressly incorporated by reference (each as amended or supplementedcollectively, and together with the “Order”), including any amendments, supplements, specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms Acknowledgement of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotationIncluding without limitation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement beginning performance of the work called for by this Order in any mannerOrder, shall be deemed acceptance of this Order. The terms set forth in this Order take precedence over any additional or different alternative terms in any other document connected with this transaction unless such additional or different alternative terms are: (ia) part of a written supply agreement signed by both parties(“Supply Agreement”), which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict conflict; and/or (“Agreement”); or (iib) set forth on the PO face of the Order to which these terms are attached. In the event these terms are part of an a written Supply Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Supply Agreement. This Order does not constitute an acceptance by Buyer of any offer to sell, any quotation, or any proposal. Reference in this Order to any such offer to sell, quotation or proposal shall in no way constitute a modification of any of the terms of this Order. ANY ATTEMPTED ACKNOWLEDGMENT OF THIS ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT BINDING UNLESS SPECIFICALLY ACCEPTED BY BUYER IN WRITING.
Appears in 4 contracts
Samples: Supply Agreement (Tpi Composites, Inc), Supply Agreement, Supply Agreement (Tpi Composites, Inc)
Acceptance of Terms. Supplier Seller agrees to be bound by and to comply with all terms set forth herein and on in the purchase order (“PO”) order, to which these terms are attached or and are expressly incorporated by reference (each as amended or supplementedcollectively, and together with the “Order”), including any amendments, supplements, specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms Acknowledgement of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyerincluding without limitation, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement beginning performance of the work called for by this Order in any mannerOrder, shall be deemed acceptance of this Order. The terms set forth in this Order take precedence over any additional or different alternative terms in any other document connected with this transaction unless such additional or different alternative terms are: (ia) part of a written supply agreement signed by both parties(“Supply Agreement”), which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict conflict; and/or (“Agreement”); or (iib) set forth on the PO face of the Order to which these terms are attached. In the event these terms are part of an a written Supply Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Supply Agreement. This Order does not constitute an acceptance by Buyer of any offer to sell, any quotation, or any proposal. Reference in this Order to any such offer to sell, quotation or proposal shall in no way constitute a modification of any of the terms of this Order. The terms in this Order shall also apply if the Buyer receives and accepts Xxxxxx’s goods even if delivered under Xxxxxx’s contradictory terms. ANY ATTEMPTED ACKNOWLEDGMENT OF THIS ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT BINDING UNLESS SPECIFICALLY ACCEPTED BY BUYER IN WRITING.
Appears in 4 contracts
Samples: www.abaco.com, www.gevernova.com, www.ge.com
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part of a written agreement signed by both parties, which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement.
Appears in 4 contracts
Samples: Ge Terms of Purchase, Power Terms, www.gevernova.com
Acceptance of Terms. Supplier Seller agrees to be bound by and to comply with all terms set forth herein and on in the purchase order (“PO”) order, to which these terms are attached or and are expressly incorporated by reference (each as amended or supplementedcollectively, and together with the “Order”), including any amendments, supplements, specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance Acknowledgement of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotationincluding without limitation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement beginning performance of the work called for by this Order in any mannerOrder, shall be deemed acceptance of the Order. The terms set forth in this Order take precedence over any additional or different alternative terms in any other document connected with this the transaction unless such additional or different alternative terms are: (ia) part of a written supply agreement signed by both parties(“Supply Agreement”), which has bet negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict and/or (“Agreement”); or (iib) set forth on the PO face of the Order to which these terms are arc attached. In the event these terms are part of an a written Supply Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the AgreementSupply Agreement This Order does not constitute an acceptance by Buyer of any offer to sell, any quotation, or any proposal. Reference in this Order to any such offer to sell, quotation or proposal shall in no way constitute a modification of any of the terms of Ibis Order. ANY ATTEMPTED ACKNOWLEDGMENT OF THIS ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT BINDING UNLESS SPECIFICALLY ACCEPTED BY BUYER IN WRITING.
Appears in 3 contracts
Samples: Supply Agreement (Tpi Composites, Inc), Supply Agreement (Tpi Composites, Inc), Supply Agreement (Tpi Composites, Inc)
Acceptance of Terms. Supplier agrees to be bound The sales confirmation, sales contract, or scale ticket issued by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each Seller, as amended or supplementedapplicable, and together with any specifications and other documents referred to herein or on the PO, these Terms (collectively, this “Agreement”) comprise the entire agreement between the Parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over and apply to the exclusion of any other terms Buyer seeks to impose or incorporate, whether under Buyer’s general terms and conditions of purchase, master agreement, purchase order, offer to buy, confirmation, or otherwise (any of which, an “Order”), regardless whether, when, or in what format Buyer has submitted its Order or such terms, or which are implied by trade, custom, practice, or course of dealing. This Fulfillment of Buyer’s Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend these Terms or this Agreement. Pursuant to MCL 440.2201(2), Buyer must object in writing to the contents of any sales confirmation provided by Seller within 10 days after it is received. Buyer’s failure to object will be deemed to be an acceptance of any offer all terms thereof, including without limitation these Terms. Without limiting the foregoing, submission of Buyer’s Order to sellSeller (whether by telephone, quotation by email, through electronic data interchange, or otherwise), Buyer’s acceptance of Goods in whole or in part, or other proposal from Supplierassent by Buyer to these Terms and this Agreement shall constitute Buyer’s agreement to and acceptance of these Terms and this Agreement, even if referred to in this Order. Acceptance including without limitation provisions limiting warranties and liability of this Order is expressly limited to the Seller, Buyer's assumption of risk, and all other terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to Agreement, regardless of any terms and conditions included with Supplier’s quotation, invoice contrary statements or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms representations not set forth in this Order take precedence over Agreement. Any acceptance, confirmation, purchase order or the like sent by Buyer with respect to this Agreement or the sale of goods contemplated by it which states additional or differing terms from this Agreement shall be operative as an acceptance of all terms and conditions hereof, and any additional or different differing terms in sent by Buyer shall be deemed proposals for material modifications hereof, to which notice of objection is hereby given (which shall constitute Seller’s objection to any other document connected with this transaction unless such terms and conditions under MCL 440.2207(2)(c)), and the additional or differing terms shall not become part of any contract without Seller’s express written agreement. Any such additional or different terms are: (i) part of a written agreement signed by both parties, which the parties have expressly agreed may override and conditions shall be deemed mere surplusage and shall not alter these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the AgreementTerms.
Appears in 3 contracts
Samples: www.coopelev.com, www.coopelev.com, www.coopelev.com
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part of a written agreement signed by both parties, which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement. 1.
Appears in 2 contracts
Samples: www.gesupplier.com, www.gesupplier.com
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part of a written agreement signed by both parties, which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement.. GE POWER –
Appears in 2 contracts
Samples: www.gevernova.com, www.ge.com
Acceptance of Terms. Supplier Seller agrees to be bound by and to comply with all terms set forth herein and on in the purchase order (“PO”) order, to which these terms are attached or and are expressly incorporated by reference (each as amended or supplementedcollectively, and together with the “Order”), including any amendments, supplement, specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms Acknowledgement of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyerincluding without limitation, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement beginning performance of the work called for by this Order in any mannerOrder, shall be deemed acceptance of this Order. The terms set forth in this Order take precedence over any additional or different alternative terms in any other document connected with this transaction unless such additional or different alternative terms are: (ia) part of a written supply agreement signed by both parties(“Supply Agreement”), which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict conflict; and/or (“Agreement”); or (iib) set forth on the PO face of the Order to which these terms are attached. In the event these terms are part of an a written Supply Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under (he Supply Agreement. This Order does not constitute an acceptance by Buyer of any offer to sell, any quotation, or any proposal. Reference in this Order to any such offer to sell, quotation or proposal shall in no way constitute a modification of any of the Agreementterms of this Order. The terms in this Order shall also apply if the Buyer receives and accepts Seller’s goods even if delivered under Seller’s contradictory terms. ANY ATTEMPTED ACKNOWLEDGMENT OF THIS ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT BINDING UNLESS SPECIFICALLY ACCEPTED BY BUYER IN WRITING.
Appears in 2 contracts
Samples: Supply Agreement (Tpi Composites, Inc), Supply Agreement (Tpi Composites, Inc)
Acceptance of Terms. Supplier agrees to be bound The sales confirmation, sales contract, or scale ticket issued by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each Seller, as amended or supplementedapplicable, and together with any specifications and other documents referred to herein or on the PO, these Terms (collectively, this “Agreement”) comprise the entire agreement between the Parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. These Terms prevail over and apply to the exclusion of any other terms Buyer seeks to impose or incorporate, whether under Xxxxx’s general terms and conditions of purchase, master agreement, purchase order, offer to buy, confirmation, or otherwise (any of which, an “Order”), regardless whether, when, or in what format Buyer has submitted its Order or such terms, or which are implied by trade, custom, practice, or course of dealing. This Fulfillment of Xxxxx’s Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall does not constitute acceptance of any of Buyer’s terms and conditions and does not serve to modify or amend these Terms or this Agreement. Pursuant to MCL 440.2201(2), Buyer must object in writing to the contents of any sales confirmation provided by Seller within 10 days after it is received. Xxxxx’s failure to object will be deemed to be an acceptance of any offer all terms thereof, including without limitation these Terms. Without limiting the foregoing, submission of Buyer’s Order to sellSeller (whether by telephone, quotation by email, through electronic data interchange, or otherwise), Buyer’s acceptance of Goods in whole or in part, or other proposal from Supplierassent by Buyer to these Terms and this Agreement shall constitute Buyer’s agreement to and acceptance of these Terms and this Agreement, even if referred to in this Order. Acceptance including without limitation provisions limiting warranties and liability of this Order is expressly limited to the Seller, Buyer's assumption of risk, and all other terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to Agreement, regardless of any terms and conditions included with Supplier’s quotation, invoice contrary statements or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms representations not set forth in this Order take precedence over Agreement. Any acceptance, confirmation, purchase order or the like sent by Buyer with respect to this Agreement or the sale of goods contemplated by it which states additional or differing terms from this Agreement shall be operative as an acceptance of all terms and conditions hereof, and any additional or different differing terms in sent by Buyer shall be deemed proposals for material modifications hereof, to which notice of objection is hereby given (which shall constitute Seller’s objection to any other document connected with this transaction unless such terms and conditions under MCL 440.2207(2)(c)), and the additional or differing terms shall not become part of any contract without Seller’s express written agreement. Any such additional or different terms are: (i) part of a written agreement signed by both parties, which the parties have expressly agreed may override and conditions shall be deemed mere surplusage and shall not alter these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the AgreementTerms.
Appears in 2 contracts
Samples: www.westernharvestbean.com, www.alliancevalleybean.com
Acceptance of Terms. Supplier Seller agrees to be bound by and to comply with all terms set forth herein and on in the purchase order (“PO”) order, to which these terms are attached or and are expressly incorporated by reference (each as amended or supplementedcollectively, and together with the “Order”), including any amendments, supplements, specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms Acknowledgement of this Order, and none of such additional including without limitation, by referencing Buyer’s PO number on Supplier’s documentation (for example Purchase Order Acknowledgement, Sales Order, Packing Slip, or different terms shall be part of the contract between Supplier and BuyerInvoice), unless specifically accepted or by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement beginning performance of the work called for by this Order, shall be deemed acceptance of this Order in any mannerand its terms. The terms set forth in this Order take precedence over any additional or different alternative terms in any other document connected with this transaction unless such additional or different alternative terms are: (ia) part of a written supply agreement signed by both parties(“Supply Agreement”), which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict conflict; and/or (“Agreement”); or (iib) set forth on the PO face of the Order to which these terms are attached. In the event these terms are part of an a written Supply Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Supply Agreement. This Order does not constitute an acceptance by Buyer of any offer to sell, any quotation, or any proposal. Reference in this Order to any such offer to sell, quotation or proposal shall in no way constitute a modification of any of the terms of this Order. The terms in this Order shall also apply if the Buyer receives and accepts Xxxxxx’s goods even if delivered under Xxxxxx’s contradictory terms. ANY ATTEMPTED ACKNOWLEDGMENT OF THIS ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT BINDING UNLESS SPECIFICALLY ACCEPTED BY BUYER IN WRITING.
Appears in 1 contract
Samples: www.abaco.com
Acceptance of Terms. Supplier Seller agrees to be bound by and to comply with all terms set forth herein and on in the purchase order (“PO”) Purchase Order, to which these terms are attached or and/or are expressly incorporated by reference (each as amended or supplementedcollectively, and together with the “Order”), including any amendments, supplements, specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms set forth in this the Order take precedence over any additional or different alternative terms in any other document connected with this transaction unless such additional or different alternative terms are: (ia) part of a written agreement signed by both partiessupply agreement, which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict (“Supply Agreement”); or ) and/or (iib) set forth on the PO to which these terms are attachedface of the Order. In the event these terms are part of an a written Supply Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Supply Agreement. Issuance by Xxxxx of this Order shall not constitute an acceptance by Buyer of any of Seller’s offers to sell, quotations, or other proposals. Reference in the Order to any such offers to sell, quotations or proposals shall in no way constitute a modification of any of the terms of the Order, which shall always prevail over any such offers, quotations or proposals. ANY ACCEPTANCE OR ACKNOWLEDGMENT OF THE ORDER BY SELLER (INCLUDING WITHOUT LIMITATION BY BEGINNING PERFORMANCE OF ANY OF THE WORK OR ACTIVITIES CALLED FOR IN THE ORDER), EVEN IF CONTAINING OR REFERENCING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THE ORDER SHALL BE DEEMED AS A FULL ACCEPTANCE BY SELLER OF THE ORDER, AND THE INCONSISTENT OR ADDITIONAL TERMS SHALL BE DEEMED INEFFECTIVE, UNLESS THEY WERE SPECIFICALLY AND EXPRESSLY ACCEPTED BY BUYER IN WRITING.
Appears in 1 contract
Samples: www.bhge.com
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part of a written agreement signed by both parties, which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement. GE– ALLGEMEINE EINKAUFSBEDINGUNGEN –SCHWEIZ 1.
Appears in 1 contract
Samples: www.gesupplier.com
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (ia) part of a written agreement signed by both partiesan authorized representative of Buyer, which has been negotiated between the parties which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (iib) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement.. XXXXXX WARUNKI
Appears in 1 contract
Samples: www.ge.com
Acceptance of Terms. Supplier Seller agrees to be bound by and to comply with all terms set forth herein and on in the purchase order (“PO”) order, to which these terms are attached or and are expressly incorporated by reference (each as amended or supplementedcollectively, and together with the "Order"), including any amendments, supplements, specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms Acknowledgement of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyerincluding without limitation, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement beginning performance of the work called for by this Order in any mannerOrder, shall be deemed acceptance of this Order. The terms set forth in this Order take precedence over any additional or different alternative terms in any other document connected with this transaction unless such additional or different alternative terms are: (i) part of a written supply agreement signed by both parties("Supply Agreement"), which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (and/or ii) set forth on the PO face of the Order to which these terms are attached. In the event these terms are part of an a written Supply Agreement between the parties, the term “"Order” " used herein shall mean any purchase order issued under the Supply Agreement. This Order does not constitute an acceptance by Buyer of any offer to sell, any quotation, or any proposal. Reference in this Order to any such offer to sell, quotation or proposal shall in no way constitute a modification of any of the terms of this Order. ANY ATTEMPTED ACKNOWLEDGMENT OF THIS ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT BINDING UNLESS SPECIFICALLY ACCEPTED BY BUYER IN WRITING. 2.
Appears in 1 contract
Acceptance of Terms. Seller or Supplier as identified in the purchase order (“Seller”) agrees to be bound by and to comply with all terms set forth herein and on in the purchase order (“PO”) order, to which these terms are attached or and are expressly incorporated by reference (each as amended or supplementedcollectively, and together with the “Order”), including any amendments, supplements, specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms Acknowledgement of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyerincluding without limitation, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement beginning performance of the work called for by this Order in any mannerOrder, shall be deemed acceptance of this Order. The terms set forth in this Order take precedence over any additional or different alternative terms in any other document connected with this transaction unless such additional or different alternative terms are: (ia) part of a written supply agreement signed by both parties(“Supply Agreement”), which has been negotiated between the parties and which the parties have expressly agreed may override these terms in the event of a conflict conflict; and/or (“Agreement”); or (iib) set forth on the PO face of the Order to which these terms are attached. In the event these terms are this Order is part of an a written Supply Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Supply Agreement. This Order does not constitute an acceptance by Buyer of any offer to sell, any quotation, or any proposal. Reference in this Order to any such offer to sell, quotation or proposal shall in no way constitute a modification of any of the terms of this Order. ANY ATTEMPTED ACKNOWLEDGMENT OF THIS ORDER CONTAINING TERMS INCONSISTENT WITH OR IN ADDITION TO THE TERMS OF THIS ORDER IS NOT BINDING UNLESS SPECIFICALLY ACCEPTED BY BUYER IN WRITING.
Appears in 1 contract
Samples: www.ge.com
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein in these Sourcing Terms and on Conditions (the “Terms & Conditions”) and in the Agreement to which these terms are attached. All capitalized terms used in these Terms & Conditions that are not defined in the Terms & Conditions have the same meaning as in the Agreement. The “Buyer” under these Terms and Conditions may be SUEZ WTS USA, Inc. (“SUEZ”) or any SUEZ Affiliate (including, but not limited to any joint ventures, corporations, limited liability companies, partnerships, limited partnerships, business trusts or other entities, subsidiaries, businesses, operating divisions, units or P&L’s thereof, that is directly or indirectly in control of, controlled by, or under common control with SUEZ, whether now existing, or subsequently created or acquired). For purposes of these Terms & Conditions, an “Order” is a purchase order (“PO”) or statement of work (“SOW”) that has been issued from Buyer to which these terms are attached or are incorporated by reference (each as amended or supplemented, Supplier pursuant to the Agreement and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described hereintherein. This An Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this an Order. Acceptance of this an Order is expressly limited to the terms of this an Order and the Agreement related to such Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this an Order and any Agreement related to such Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by writing. Unless otherwise expressly set forth in the Agreement, an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's ’s issuing any acceptance or acknowledgement of this an Order; or (b) Supplier's ’s commencement of the work or delivery of goods called for by this an Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part For purposes of a written agreement signed by both parties, which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the partiesTerms & Conditions, the term “Agreement” means the body of the agreement to which these Terms & Conditions are attached and all Appendices attached to that agreement (other than these Terms & Conditions), all of which shall be made a part of and incorporated into any Order” used herein shall mean any purchase order issued under the Agreement.
Appears in 1 contract
Samples: www.suezwatertechnologies.com
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order and its terms shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order, or, if Supplier does not reject within ten (10) days after the placement of the Order; or (b) Supplier's ’s commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part of a written agreement signed by both parties, which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement.
Appears in 1 contract
Samples: Ge Power
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein in these Procurement Terms and on Conditions (the “Terms & Conditions”) and in the Agreement to which these terms are attached. All capitalized terms used in these Terms & Conditions that are not defined in the Terms & Conditions have the same meaning as in the Agreement. The “Buyer” under these Terms and Conditions may be VEOLIA WTS USA, Inc. (“VWTS”) or any VWTS Affiliate (including, but not limited to any joint ventures, corporations, limited liability companies, partnerships, limited partnerships, business trusts or other entities, affiliates, subsidiaries, businesses, operating divisions, units or P&L’s thereof, that is directly or indirectly in control of, controlled by, or under common control with VWTS, whether now existing, or subsequently created or acquired). For purposes of these Terms & Conditions, an “Order” is a purchase order (“PO”) or statement of work (“SOW”) that has been issued from Buyer to which these terms are attached or are incorporated by reference (each as amended or supplemented, Supplier pursuant to the Agreement and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described hereintherein. This An Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this an Order. Acceptance of this an Order is expressly limited to the terms of this an Order and the Agreement related to such Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this an Order and any Agreement related to such Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by writing. Unless otherwise expressly set forth in the Agreement, an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's ’s issuing any acceptance or acknowledgement of this an Order; or (b) Supplier's ’s commencement of the work or delivery of goods called for by this an Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part For purposes of a written agreement signed by both parties, which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the partiesTerms & Conditions, the term “Agreement” means the body of the agreement to which these Terms & Conditions are attached and all Appendices attached to that agreement (other than these Terms & Conditions), all of which shall be made a part of and incorporated into any Order” used herein shall mean any purchase order issued under the Agreement.
Appears in 1 contract
Samples: www.watertechnologies.com
Acceptance of Terms. Supplier agrees to be bound by and to comply with all terms set forth herein and on the purchase order (“PO”) to which these terms are attached or are incorporated by reference (each as amended or supplemented, and together with any specifications and other documents referred to herein or on the PO, collectively, this “Order”). This Order is an offer to purchase the goods and/or services (including any deliverables and required documentation) described herein. This Order shall not constitute an acceptance of any offer to sell, quotation or other proposal from Supplier, even if referred to in this Order. Acceptance of this Order is expressly limited to the terms of this Order. Buyer hereby notifies Supplier in advance that Buyer objects to any terms and conditions included with Supplier’s quotation, invoice or other document which are additional to or different than the terms of this Order, and none of such additional or different terms shall be part of the contract between Supplier and Buyer, unless specifically accepted by Buyer in a writing signed by an authorized representative of Buyer. This Order shall be irrevocably accepted by Supplier upon the earlier of: (a) Supplier's issuing any acceptance or acknowledgement of this Order; or (b) Supplier's commencement of the work called for by this Order in any manner. The terms set forth in this Order take precedence over any additional or different terms in any other document connected with this transaction unless such additional or different terms are: (i) part of a written agreement signed by both parties, which the parties have expressly agreed may override these terms in the event of a conflict (“Agreement”); or (ii) set forth on the PO to which these terms are attached. In the event these terms are part of an Agreement between the parties, the term “Order” used herein shall mean any purchase order issued under the Agreement. GE VERNOVA POWER – ALLGEMEINE EINKAUFSBEDINGUNGEN – REV. C – SCHWEIZ 1. ANNAHME DER BEDINGUNGEN. Der Lieferant verpflichtet sich zur Einhaltung aller Bestimmungen der vorliegenden Allgemeinen Einkaufsbedingungen und des Bestellscheins („Bestellschein“), dem die vorliegenden Allgemeinen Einkaufsbedingungen beigefügt sind oder in den die vorliegenden Allgemeinen Einkaufsbedingungen durch Verweis aufgenommen werden (wie jeweils geändert oder ergänzt, zusammen mit jeglichen Spezifikationen oder sonstigen Dokumenten, die in diesen Allgemeinen Einkaufsbedingungen oder im Bestellschein genannt sind, zusammenfassend diese „Bestellung“ genannt). Diese Bestellung ist ein Angebot zum Kauf der xxxxx genannten Waren und/oder Dienstleistungen (einschliesslich jeglicher Liefergegenstände und verlangter Dokumentation). Diese Bestellung impliziert keine Annahme irgendeines Verkaufsangebots oder sonstigen Angebots oder Vorschlags des Lieferanten, was selbst für den Fall gilt, dass in dieser Bestellung darauf verwiesen wird. Die Annahme dieser Bestellung ist ausdrücklich auf die in dieser Bestellung enthaltenen Bestimmungen beschränkt. Der Xxxxxx setzt den Lieferanten hiermit im Voraus davon in Kenntnis, dass der Xxxxxx jegliche Bestimmungen und Konditionen ablehnt, die im Angebot, in der Rechnung oder in anderen Dokumenten des Lieferanten enthalten sind und über die Bestimmungen dieser Bestellung hinausgehen oder davon abweichen, und keine derartigen ergänzenden oder abweichenden Bestimmungen sind ohne ausdrückliche schriftliche Annahme durch zeichnungsberechtigte Vertreter des Käufers Bestandteil des Vertrages zwischen dem Lieferanten und dem Xxxxxx. In den folgenden Fällen – je nachdem, was früher eintritt – gilt diese Bestellung durch den Lieferanten als unwiderruflich angenommen: (a) Ausstellung einer Auftragsbestätigung oder einer anderweitigen Bestätigung der Annahme dieser Bestellung durch den Lieferanten; oder (b) Beginn der Ausführung der in dieser Bestellung verlangten Arbeiten durch den Lieferanten in irgendeiner Xxxxx. Die in dieser Bestellung enthaltenen Bedingungen gehen jeglichen ergänzenden oder abweichenden Bedingungen in jeglichen anderen Dokumenten im Zusammenhang mit dieser Transaktion vor, sofern es sich bei diesen ergänzenden oder abweichenden Bedingungen nicht um Folgendes handelt: (i) Bestandteil einer von beiden Parteien unterzeichneten Vereinbarung , die zwischen den Parteien verhandelt wurde und in xxxxxxx die Parteien ausdrücklich vereinbart haben, dass sie bei Widersprüchen Vorrang vor den vorliegenden Allgemeinen Einkaufsbedingungen erhalten soll («Vereinbarung»); oder (ii) Bedingungen, die im Bestellschein enthalten sind, dem die vorliegenden Allgemeinen Einkaufsbedingungen beigefügt sind. Sofern diese Bedingungen Teil einer Vereinbarung zwischen den Parteien sind, umfasst der Begriff „Bestellung“ xxx xx hier verwendet wird jeglichen gemäss der Vereinbarung ausgestellten Bestellschein.
Appears in 1 contract
Samples: www.ge.com