Agreement and Purchase Order. School System must include, along with this signed Agreement, a fully and completely executed Purchase Order for the entire Agreement as detailed on Attachment A and any other applicable and incorporated attachments. AVID Center will not fulfill any services or materials, including the shipment of any libraries without a fully executed Purchase Order and this signed Agreement. The terms and conditions of this Agreement shall control for all Purchase Orders issued pursuant to this Agreement; no terms and conditions on Purchase Orders will apply to this Agreement.
Agreement and Purchase Order. The sale by the Seller and purchase by the Buyer of the Goods are deemed to be upon and subject to the provisions of this Agreement. No variation of or addition to this Agreement is effective without the Buyer’s and the Seller’s mutual prior written agreement. The conditions of this Agreement prevail over and take the place of any other terms, conditions or provisions emanating from or referred to by the Seller. Where the Seller issues an invoice or any other documentation to the Buyer which contains terms and conditions other than terms and conditions contained in this Agreement, the Seller’s issued terms and conditions will not be of any effect unless accepted in writing by the Buyer. The Seller agrees that the Buyer is not by executing this Agreement, bound to enter into any Purchase Order with the Seller in respect of any Goods. The Seller agrees that this Agreement does not limit the ability of the Buyer to purchase the same or similar goods to the Goods from any third party. If the Buyer wishes to purchase the Goods from the Seller, then the parties will conduct any discussions and negotiations in order to reach agreement on all matters relevant to the required Goods, including but not limited to the quantity and delivery method, but the Purchase Price shall be solely determined in accordance with the Price Appendix. When the Seller and the Buyer agree on the Goods and all details pertaining thereto, the Buyer will issue a separate Purchase Order substantially in the form attached in Appendix B, in accordance with the pre-agreed terms under this Agreement (the “Purchase Order”), and: the Purchase Order will form a separate contract for Goods purchased by the Buyer under that specific Purchase Order. The Purchase Order so issued is effective from the date stated on such Purchase Order; the Purchase Order so formed incorporates these General Terms and Conditions and the Price Appendix.
