Agreement Formation. 4.1 Parties to this Agreement
8. This Agreement is made between:
1. The CAO; and
2. The Relying Party.
9. Where both parties to this Agreement are separate agencies of the same legal entity then this Agreement shall be interpreted as a Memorandum Of Understanding.
Agreement Formation. 17.1. Any failure or delay by either party in exercising its rights under this Agreement shall not be construed as a waiver of such rights and the obligations of the other party shall continue.
17.2. If any provision of this Agreement or these terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such provision shall not affect the other provisions of this Agreement.
17.3. This Agreement shall supersede all previous agreements between the parties and represents the entire agreement between the parties.
17.4. The Operator and its employees, contractors, advisors and agents will not engage in any conduct which could contravene the Bribery Act 2010 and shall maintain adequate procedures to prevent any such conduct.
17.5. This Agreement and any information provided in relation to it are confidential. Neither party shall disclose any such information to an unauthorised third party.
17.6. No variation of any term of this Agreement shall be effective unless it is in writing and is duly executed by or on behalf of each party.
17.7. Except where specifically stated otherwise, all the costs and charges set out in this Agreement exclude VAT which will be charged at the applicable rate.
17.8. A person who is not a party to this Agreement has not rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.
17.9. The Operator may not assign, subcontract, delegate or sub-licence this Agreement or any of its rights or obligations under this Agreement without the Company's prior consent in writing.
17.10. Irrespective of where the services are provided, the validity, construction and performance of the Agreement shall be governed by English Law and the parties submit to the exclusive jurisdiction of the English Courts.
Agreement Formation. The following documents are incorporated herein by this reference:
(i) Information Security Policy of Xxxxxxx, available a LINK A (ii) Support Services Policy of Xxxxxxx, available at LINK B (iii) Data Processing Addendum of Xxxxxxx, available at LINK C
Agreement Formation. Any failure or delay by either party in exercising its rights under this Agreement shall not be construed as a waiver of such rights and the obligations of the other party shall continue.
Agreement Formation. 3.1. If an Order is made following a quotation received from the Supplier, the Customer should reference the quotation number when placing the Order.
3.2. Confirmation of an Order will usually be provided in writing by email or by post. The Supplier is under no obligation to accept an Order.
3.3. If this Agreement is not signed by the Customer, this Agreement shall be deemed to apply for all Product and/or Services purchased from the Supplier and a contract will be formed on the earlier of these dates:
3.3.1. the date that confirmation of the Order is received by the Customer in writing; or
3.3.2. the date of delivery, or commencement of delivery, of the Product and/or Services;
3.3.3. the date payment is made for the Product and/or Services.
3.4. If the Supplier is unable to provide the Product and/or Services, for example because that item is not in stock or no longer available or because Supplier cannot meet the requested delivery date or because of an error in the Fee or in the quotation (as referred to in clause 3.6), the Supplier will inform the Customer of this by phone, e-mail or post and the Supplier will not process the Order. If the Customer have already paid for the Product and/or Services, the Supplier will refund the full amount including any delivery costs charged as soon as possible.
3.5. This Agreement shall apply to all sales by the Supplier to the Customer to the exclusion of all other terms and conditions including any which the Customer may purport to apply under any purchase order, confirmation of Order or any such similar document. This Agreement constitutes the entire agreement between the Parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between the Parties, whether written or oral, relating to its subject matter. No variation or addition to this Agreement shall be effective unless agreed in writing by an authorised representative of the Supplier.
3.6. Any typographical, clerical or other error or omission in any sale literature, quotation, price list, acceptance offer, invoice or other document or information issued by the Supplier shall be subject to correction without any liability on the part of the Supplier and without any prior notification. The views and opinions expressed in any sales literature or on the Supplier’s website are the views of the contributors and should not be taken necessarily as fact.
Agreement Formation. The Purchase Order given to the Supplier by GBSC YURRA Pty Ltd (GBSC YURRA) (“Purchase Order”) and these Standard Order Terms constitute an offer. A binding contract between GBSC YURRA and the Supplier will come into existence on the earlier of the date in which the Supplier confirms acceptance of the offer, or the Supplier commences delivery of any of the Goods or the performance of any Services (“Agreement”). In the event of an inconsistency between the terms of these Standard Order Terms and the Purchase Order, the terms of the Purchase Order shall prevail.
Agreement Formation. 2.1. This part of the Agreement consists of:
(a) The Site(s) and Connection Point(s) Schedule annexed to the Flex Terms setting out a table containing Your details (including the Site and Meter Identifier), the Service Start Date and the Charges payable for each of the Services You wish to take or are deemed to take in accordance with Your Supply Agreement with Us (hereinafter referred to as “Part 1”). Where no Charge is listed for a Service, You are not taking that Service; and
(b) Part 2: these terms and conditions (Part 2 or Conditions); and
(c) the schedules to these Conditions (Schedules)
2.2. This Agreement sets out the terms and conditions on which We shall provide You with any of the Services of the type and in the frequency as are identified in Part 1 which allows You to vary the Services to be supplied for each Site or Metering Points.
Agreement Formation. The purpose of a Customer’s Order is to serve as an offer of the terms set forth in the Quotation and these Terms and Conditions. All Orders are subject to acceptance by Path1. No form of acceptance except Path1’s written acknowledgement sent to Customer, or Path1’s commencement of performance shall constitute a valid acceptance of a Customer’s Order. Path1 will not be bound by any terms of Customer’s Order that are inconsistent with, or that add to, the terms set forth in Path1’s Quotation or these Terms and Conditions, without Path1’s express prior written consent thereto. If Customer does not agree to these Terms and Conditions, then Customer shall not place an Order to license Path1 products (“Products”). Path1’s failure to further object to any such additional terms or modifications contained in any communication from Customer or proposed by any course of dealing or performance between Path1 and Customer shall not be deemed a waiver of the provisions hereof or an approval of the terms or modifications therein. Path1 marketing staff is not authorized to modify these Terms and Conditions. Any term or condition of these Terms and Conditions shall prevail in the event that there is an inconsistency between it and any term or condition of any communication from Customer or of any course of dealing or performance between Customer and Path1. Path1 shall be deemed to have accepted, and shall be bound by, this Agreement upon the earliest of: (a) the date Path1 returns to Customer a written acknowledgement of its acceptance of Customer’s Order; and (b) the date Path1 ships to Customer any of the Products listed in the Quotation.
Agreement Formation. The agreement is formed when the Customer submits an application to us. However, in cases where the cost of a banquet, meeting, accommodation, or group use will exceed set price levels, and in the case of a wedding or celebration, the agreement is formed when the Customer pays Nidom an application fee of 50,000 yen or a booking fee Nidom separately specifies, by a date Nidom separately specifies. (The agreement is not formed if the application fee or booking fee is not paid by the date Nidom specifies.)
Agreement Formation. 2.1 This Agreement consists of:
(a) Part 1: a form containing Your details (including the Site and Meter Identifier), the Service Start Date and Minimum Service Term and the Charges payable for each of the Services You wish to take or are deemed to take in accordance with Your Supply Agreement with Us (Part 1). Where no Charge is listed for a Service, You are not taking that Service; and
(b) Part 2: these terms and conditions (Part 2 or Conditions); and
(c) the schedules to these Conditions (Schedules); and
(d) where you have more than one Meter or if You are taking more than one Service and there are different Service Start Dates or different Minimum Service Terms, Part 3: a list of Sites, Meters, Metering Points, Meter Identifiers, Services, and Charges (Part 3); and
2.2. This Agreement sets out the terms and conditions on which We shall provide You with any of the Services of the type and in the frequency as are identified in Part 1 and Part 3. Where there is conflict or inconsistency between Part 3 and Part 1, Part 3 shall apply. Part 3 allows You to vary the Services to be supplied for each Site or Metering Points.
