Common use of Accepting and Declining Orders Clause in Contracts

Accepting and Declining Orders. 5.1 Following receipt of an Order, the Provider shall promptly and in any event within a reasonable period determined by the Participating Organisation and notified to the Provider in writing at the same time as the submission of the Order (which in any event shall not exceed two Working Days) acknowledge receipt of the Order and either: 5.1.1 notify the Participating Organisation in writing and with detailed reasons that it is unable to fulfil the Order; or 5.1.2 notify the Participating Organisation that it is able to fulfil the Order by signing and returning the Order Form. 5.2 If the Provider: 5.2.1 notifies the Participating Organisation that it is unable to fulfil an Order; or 5.2.2 the time limit referred to in clause 5.1 has expired; then the Order shall lapse Participating Organisation may then send that Order to next ranked or second placed (in the case of a mini competition) Framework Provider in accordance with the procedure set out in section 1 5.3 If the Provider modifies or imposes conditions on the fulfilment of an Order, then the Participating Organisation may either: 5.3.1 reissue the Order incorporating the modifications or conditions; or 5.3.2 treat the Provider's response as notification of its inability to fulfil the Order and the provisions of clause 5.2 shall apply. 5.4 The Parties acknowledge and agree that the placement of an Order is an "invitation to treat" by the Participating Organisation. Accordingly, the Provider shall sign and return the Order Form which shall constitute its offer to the Participating Organisation. The Participating Organisation shall signal its acceptance of the Provider's offer and the formation of a Contract by counter-signing the Order Form.

Accepting and Declining Orders. 5.1 Following receipt of an Order, the Provider shall promptly and in any event within a reasonable period determined by the Participating Organisation and notified to the Provider in writing at the same time as the submission of the Order (which in any event shall not exceed two three Working Days) acknowledge receipt of the Order and either: 5.1.1 notify the Participating Organisation in writing and with detailed reasons that it is unable to fulfil the Order; or 5.1.2 notify the Participating Organisation that it is able to fulfil the Order by signing and returning the Order Form. 5.2 If the Provider: 5.2.1 notifies the Participating Organisation that it is unable to fulfil an Order; or 5.2.2 the time limit referred to in clause 5.1 has expired; then the Order shall lapse lapse, Participating Organisation may then send that Order to next ranked or second placed (in source the case of a mini competition) Framework Provider in accordance with the procedure set out in section 1service via an alternative method. 5.3 If the Provider modifies or imposes conditions on the fulfilment of an Order, then the Participating Organisation may either: 5.3.1 reissue the Order incorporating the modifications or conditions; or 5.3.2 treat the Provider's response as notification of its inability to fulfil the Order and the provisions of clause 5.2 shall apply. 5.4 The Parties acknowledge and agree that the placement of an Order is an "invitation to treat" by the Participating Organisation. Accordingly, the Provider shall sign and return the Order Form which shall constitute its offer to the Participating Organisation. The Participating Organisation shall signal its acceptance of the Provider's offer and the formation of a Contract by counter-signing the Order Form.