Applicability and validity Sample Clauses

Applicability and validity. The Purchase Terms and Conditions are applicable to all present and future requests, offers and Agreements where RWE acts as the requesting or purchasing party for the delivery of Goods and/or the performance of Services whether or not in combination with the delivery of Goods. The Other Party sees to it and commits to apply these Purchase Terms and Conditions to suppliers, sub-contractors and third parties relied on by the Other Party. The Other Party must inform the said suppliers, subcontractors and/or third parties in a correct, timely and complete fashion. The (general) terms and conditions and provisions that are applied by the Other Party are expressly rejected by RWE and shall only have binding effect on RWE if and to the extent that RWE declared in writing to expressly agree with the same. Derogation from the Purchase Terms and Conditions is only possible if and to the extent that RWE expressly accepted the derogation in writing and is moreover only related to the relevant Agreement, unless otherwise agreed upon in writing. If a provision of these Purchase Terms and Conditions is fully or partly in violation of a mandatory statutory provision, then this shall not affect the validity of the other Purchase Terms and Conditions and these shall for the remainder remain in full force and effect. With regard to the invalid, nullified or cancelled provisions RWE shall, to replace the relevant provisions, establish new provisions in consultation with the Other Party that are, in terms of nature and scope, as closely as possible in line with the invalid, void or cancelled provisions. For the purpose of the Purchase Terms and Conditions personnel of the Other Party must also be understood to include third parties that are involved in the execution of the Agreement by or on behalf of the Other Party. For the purpose of these Purchase Terms and Conditions “in writing” is also understood to include a message sent or received by the relevantly authorised representatives of the relevant Party by post, facsimile, email or (other) electronic means (e.g. Electronic Data Interchange).
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Applicability and validity. 1. The Purchase Conditions apply to all requests for information, pricing or proposals, Orders, Quotations and Agreements between Supplier and SPP. 2. Any changes to, additions to, or deviations from these Purchase Conditions must be agreed upon in writing and have been signed by both Parties. 3. Any general terms and conditions of Supplier or other special conditions, under whatever name, are explicitly rejected, irrespective of the moment they are invoked. 4. In case of any conflict between the Purchase Conditions and the provisions of the Agreement, the provisions of the Agreement shall prevail. 5. If one or more provisions of the Purchase Conditions or the Agreement are found to be invalid or are nullified by a court of law, the remaining provisions will retain their legal force. The Parties will consult on the former provisions in order to make an alternative arrangement. The alternative arrangement must not undermine the purpose and the purport of the Purchase Conditions or the Agreement. 6. In all cases in which the term ‘in writing’ appears in these Purchase Conditions, this includes all messages sent by e-mail, fax or other electronic means of transmission, via analogue or digital means, and received by either SPP or the Supplier. 7. For the purpose of the Purchase Conditions personnel of Supplier is also understood to mean third parties that have been, are or will be involved by Supplier in the execution of the Agreement. 8. Supplier is in any case deemed to have accepted these Purchase Conditions as soon as any work has commenced. 9. SPP reserves the right to unilaterally change, amend or expand these Purchase Conditions. The Supplier hereby already agrees to any such changes, amendments or expansion. Any changed, amended or expanded Purchase Conditions will be made available to the Supplier with a reasonable notice period before they become effective. 10. These Purchase Conditions consist of a part with general provisions and a number of parts with supplementary provisions. The general provisions always apply when SPP purchases goods or services from the Supplier. The supplementary provisions also apply when the Quotation from the Contractor complies with the scope of the relevant part, or if the applicability of the supplementary part has been expressly agreed. Supplementary provisions, if applicable, should be interpreted as much as possible in accordance with the general provisions. If this is not possible, the supplementary provisions preva...
Applicability and validity a. These ToC shall apply to all quotations and offers (of the Agreement) issued by Control Union Gözetim ve Belgelendirme Ltd. Sti. (hereinafter: "Control Union") and to any agreements signed by and between Control Union and the Client for the provision of Services (defined below) to the Client by Control Union. b. If any provision of these ToC or any part thereof shall be found or regulated to be invalid, void or unenforceable, the remaining provisions shall in no way be affected and remain in full force and effect.
Applicability and validity. 2.1 The Purchasing Conditions apply to all requests, offers and Agreements in which Essent acts as the requesting/purchasing party for the supply of Goods and/or provision of Services, whether or not in combination with the supply of Goods. 2.2 The general or other terms and conditions of the Supplier are expressly rejected by Essent and are only binding on Essent if and insofar as it has expressly agreed thereto in writing. Insofar as any provision of the Supplier’s general or other terms and conditions is applicable, the Purchasing Conditions will otherwise remain in force, insofar as they are not inconsistent with that provision. 2.3 The Purchasing Conditions may only be deviated from if and insofar as Essent has expressly accepted the deviation. The deviation will then only relate to the Agreement concerned, unless otherwise agreed in writing. 2.4 If any provision of these Purchasing Conditions is completely or partially inconsistent with any provision of mandatory law, these Purchasing Conditions will otherwise remain in force and Essent will lay down new provisions for those that are invalid, declared void or voidable, in consultation with the Supplier, which will approximate the purpose of the provisions that are invalid, declared void or voidable as far as possible. 2.5 For the purpose of the Purchasing Conditions, the personnel of the Supplier must also be construed to mean third parties who are involved in the performance of the Agreement by or on behalf of the Supplier. 2.6 In these Purchasing Conditions, ‘in writing’ means: a message by letter, fax, e-mail or other electronic means (such as Electronic Data Interchange) that is sent and received by the representatives of the relevant Party who are authorised for that purpose.
Applicability and validity. 1.1. This document is an electronic record as per the provisions of Information Technology Act, 2000 and rules framed thereunder, as applicable, and the provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. 1.2. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Related to Applicability and validity

  • Validity and Binding Effect of Agreements This Agreement and the Representative’s Warrant Agreement have been duly and validly authorized by the Company, and, when executed and delivered, will constitute, the valid and binding agreements of the Company, enforceable against the Company in accordance with their respective terms, except: (i) as such enforceability may be limited by bankruptcy, insolvency, reorganization or similar laws affecting creditors’ rights generally; (ii) as enforceability of any indemnification or contribution provision may be limited under the federal and state securities laws; and (iii) that the remedy of specific performance and injunctive and other forms of equitable relief may be subject to the equitable defenses and to the discretion of the court before which any proceeding therefor may be brought.

  • Severability and Construction Nothing in this Agreement is intended to require or shall be construed as requiring the Company to do or fail to do any act in violation of applicable law. The Company’s inability, pursuant to a court order, to perform its obligations under this Agreement shall not constitute a breach of this Agreement. In addition, if any portion of this Agreement shall be held by a court of competent jurisdiction to be invalid, void, or otherwise unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by applicable law. The parties hereto acknowledge that they each have opportunities to have their respective counsels review this Agreement. Accordingly, this Agreement shall be deemed to be the product of both of the parties hereto, and no ambiguity shall be construed in favor of or against either of the parties hereto.

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