Common use of Agreement of Purchase Clause in Contracts

Agreement of Purchase. Unless otherwise provided in a written agreement between Xxxxxx Enterprises, Inc. and its affiliates and subsidiaries, as applicable in each case, (“Buyer”) and the seller, its successors and permitted assigns (“Seller”), the terms and conditions set forth in this document (the “Terms”) are intended to establish standard terms and conditions of purchase for all purchases of products and services by Buyer from Seller, and all such purchases are made expressly conditional upon the Terms. The Terms, together with the purchase orders, Specifications, and all supplements and attachments thereto issued by Buyer from time to time (the “Other Documents”), shall constitute the entire agreement (the “Agreement”) between Buyer and Seller for each such purchase. In the event of any inconsistency between the Terms and the provisions in the Other Documents, the provisions contained in the Other Documents shall control. Seller’s acknowledgement, commencement of performance to furnish the Products or Work, or any conduct by Seller which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Seller of the Agreement and all of the Terms. Additional or different terms provided in Seller’s acceptance of Buyer’s offer which vary in any degree from any of the Terms are hereby objected to and rejected. If an offer by Seller shall be deemed an acceptance by Buyer and if any of the Terms are additional to or different from any terms of such offer, then the issuance of the Terms by Buyer shall constitute an acceptance expressly conditioned upon Seller’s assent to all of the Terms. The Terms may be modified from time to time by Buyer upon notice to Seller. Each such modification shall be binding upon Seller with respect to all purchases occurring after the date of such modification. Except as otherwise described herein, no modification or termination hereof or waiver of any of the obligations hereunder shall be effective unless in writing and signed by the party against whom such modification, termination or waiver is sought to be enforced.

Agreement of Purchase. Unless otherwise provided in a written agreement between Xxxxxx Enterprises, Inc. and its affiliates and subsidiaries, as applicable in each case, (“Buyer”) and the seller, its successors and permitted assigns (“Seller”), the terms and conditions set forth in this document (the “Terms”) are intended to establish standard terms and conditions of purchase for all purchases of products and services by Buyer from Seller, and all such purchases are made expressly conditional upon the Terms. The Terms, together with the purchase orders, Specifications, and all supplements and attachments thereto issued by Buyer from time to time (the “Other Documents”), shall constitute the entire agreement (the “Agreement”) between Buyer and Seller for each such purchase. In the event of any inconsistency between the Terms and the provisions in the Other Documents, the provisions contained in the Other Documents shall control. Seller’s acknowledgement, commencement of performance to furnish the Products or Work, or any conduct by Seller which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Seller of the Agreement and all of the Terms. Additional or different terms provided in Seller’s acceptance of BuyerXxxxx’s offer which vary in any degree from any of the Terms are hereby objected to and rejected. If an offer by Seller shall be deemed an acceptance by Buyer and if any of the Terms are additional to or different from any terms of such offer, then the issuance of the Terms by Buyer shall constitute an acceptance expressly conditioned upon Seller’s assent to all of the Terms. The Terms may be modified from time to time by Buyer upon notice to Seller. Each such modification shall be binding upon Seller with respect to all purchases occurring after the date of such modification. Except as otherwise described herein, no modification or termination hereof or waiver of any of the obligations hereunder shall be effective unless in writing and signed by the party against whom such modification, termination or waiver is sought to be enforced.

Agreement of Purchase. Unless otherwise provided in a written agreement between Xxxxxx Enterprises, Inc. Bekaert Corporation and its divisions, affiliates and subsidiaries, as applicable in each case, (“"Buyer”") and the seller, its successors and permitted assigns seller (“"Seller”"), the terms and conditions set forth in this document (the “Terms”) are intended to establish standard terms and conditions of purchase for all purchases of products and services by Buyer from Seller, and all such purchases are made expressly conditional upon the Termsthese terms and conditions. The TermsThis document, together with the purchase orders, Specifications, and all supplements and attachments thereto issued by Buyer from time to time (the “Other Documents”)time, shall constitute the entire agreement (the “"Agreement”") between Buyer and Seller for each such purchase. In the event of any inconsistency between the Terms these standard terms and conditions and the provisions in on the Other Documentspurchase order or on any supplement attached thereto, the provisions contained in on the Other Documents purchase order or on such supplement shall control. Seller’s acknowledgement, commencement of performance to furnish the Products or Work, or any conduct by Seller which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Seller of the Agreement and all of the Termsits terms and conditions. Additional or different terms provided in Seller’s acceptance of Buyer’s offer which vary in any degree from any of the Terms terms herein are hereby objected to and rejected. If an offer by Seller this Agreement shall be deemed an acceptance by Buyer in response to an offer by Seller and if any of the Terms terms herein are additional to or different from any terms of such offer, then the issuance of the Terms this Agreement by Buyer shall constitute an acceptance expressly conditioned upon Seller’s assent to all of the Termsterms and conditions of this Agreement. The Terms These standard terms and conditions of purchase may be modified from time to time by Buyer upon notice to Seller. Each such modification shall be binding upon Seller with respect to all purchases occurring after the date of such modification. Except as otherwise described herein, no modification or termination hereof or waiver of any of the obligations hereunder shall be effective unless in writing and signed by the party against whom such modification, termination or waiver is sought to be enforced.

Agreement of Purchase. Unless otherwise provided in a written agreement between Xxxxxx Enterprises, Inc. Bekaert Corporation and its divisions, affiliates and subsidiaries, as applicable in each case, (“"Buyer”") and the seller, its successors and permitted assigns seller (“"Seller”"), the terms and conditions set forth in this document (the “Terms”) are intended to establish standard terms and conditions of purchase for all purchases of products and services by Buyer from Seller, and all such purchases are made expressly conditional upon the Termsthese terms and conditions. The TermsThis document, together with the purchase orders, Specifications, and all supplements and attachments thereto issued by Buyer from time to time (the “Other Documents”)time, shall constitute the entire agreement (the “"Agreement”") between Buyer and Seller for each such purchase. In the event of any inconsistency between the Terms these standard terms and conditions and the provisions in on the Other Documentspurchase order or on any supplement attached thereto, the provisions contained in on the Other Documents purchase order or on such supplement shall control. Seller’s 's acknowledgement, commencement of performance to furnish the Products or Work, or any conduct by Seller which recognizes the existence of a contract pertaining to the subject matter hereof shall constitute acceptance by Seller of the Agreement and all of the Termsits terms and conditions. Additional or different terms provided in Seller’s 's acceptance of Buyer’s Xxxxx's offer which vary in any degree from any of the Terms terms herein are hereby objected to and rejected. If an offer by Seller this Agreement shall be deemed an acceptance by Buyer in response to an offer by Seller and if any of the Terms terms herein are additional to or different from any terms of such offer, then the issuance of the Terms this Agreement by Buyer shall constitute an acceptance expressly conditioned upon Seller’s 's assent to all of the Termsterms and conditions of this Agreement. The Terms These standard terms and conditions of purchase may be modified from time to time by Buyer upon notice to Seller. Each such modification shall be binding upon Seller with respect to all purchases occurring after the date of such modification. Except as otherwise described herein, no modification or termination hereof or waiver of any of the obligations hereunder shall be effective unless in writing and signed by the party against whom such modification, termination or waiver is sought to be enforced.