Common use of Applicability of Terms Clause in Contracts

Applicability of Terms. 2.1 Unless otherwise expressly agreed in writing by Brenntag every Contract shall incorporate and be governed in all respects by these Conditions and any Special Conditions which shall prevail over any contractual provisions proffered by the Buyer in any correspondence, Order or other documentation, which shall have no application to the Contract unless otherwise agreed in writing by Brenntag. The Buyer agrees that no actions taken by Brenntag shall be interpreted as Brenntag accepting any contractual provisions proffered by the Buyer. 2.2 Brenntag's quotation is not to be taken as an offer and no Contract shall take effect unless and until an Order Acknowledgement has been despatched by Brenntag to the Buyer. 2.3 Brenntag will accept no responsibility whatsoever for any error or omission in the transmission of the Buyer’s Order. 2.4 Brenntag shall be entitled to rely in all respects and in all circumstances on the contents of the Order Acknowledgement as stating the quantity and grade of the Goods that are to be supplied. Accordingly, it shall be the Buyer’s sole responsibility to check the Order Acknowledgement and to notify Brenntag forthwith after the receipt of the same where the Goods are not properly stated in the Order Acknowledgement. 2.5 Where there is a conflict between the Order Acknowledgement and any quotation or estimate that Brenntag may have given, the Order Acknowledgement shall always prevail. 2.6 These Conditions shall apply to any services that Brenntag supplies which are ancillary to the supply of the Goods to the maximum extent feasible.

Applicability of Terms. 2.1 Unless otherwise expressly agreed in writing by Brenntag Multisol Europe every Contract shall incorporate and be governed in all respects by these Conditions and any Special Conditions which shall prevail over any contractual provisions proffered by the Buyer in any correspondence, Order or other documentation, which shall have no application to the Contract unless otherwise agreed in writing by BrenntagMultisol Europe. The Buyer agrees that no actions taken by Brenntag Multisol Europe shall be interpreted as Brenntag Multisol Europe accepting any contractual provisions proffered by the Buyer. 2.2 BrenntagMultisol Europe's quotation is not to be taken as an offer and no Contract shall take effect unless and until an Order Acknowledgement has been despatched by Brenntag Multisol Europe to the Buyer. 2.3 Brenntag Multisol Europe will accept no responsibility whatsoever for any error or omission in the transmission of the Buyer’s Order. 2.4 Brenntag Multisol Europe shall be entitled to rely in all respects and in all circumstances on the contents of the Order Acknowledgement as stating the quantity and grade of the Goods that are to be supplied. Accordingly, it shall be the Buyer’s sole responsibility to check the Order Acknowledgement and to notify Brenntag Multisol Europe forthwith after the receipt of the same where the Goods are not properly stated in the Order Acknowledgement. 2.5 Where there is a conflict between the Order Acknowledgement and any quotation or estimate that Brenntag Multisol Europe may have given, the Order Acknowledgement shall always prevail. 2.6 These Conditions shall apply to any services that Brenntag Multisol Europe supplies which are ancillary to the supply of the Goods to the maximum extent feasible.

Applicability of Terms. 2.1 Unless otherwise expressly agreed in writing by Brenntag every Contract shall incorporate and be governed in all respects by these Conditions and any Special Conditions which shall prevail over any contractual provisions proffered by the Buyer in any correspondence, Order or other documentation, which shall have no application to the Contract unless otherwise agreed in writing by Brenntag. The Buyer agrees that no actions taken by Brenntag shall be interpreted as Brenntag accepting any contractual provisions proffered by the Buyer. 2.2 Brenntag's quotation is not to be taken as an offer and no Contract shall take effect unless and until an Order Acknowledgement has been despatched by Brenntag to the Buyer. 2.3 Brenntag will accept no responsibility whatsoever for any error or omission in the transmission of the Buyer’s Order. 2.4 Brenntag shall be entitled to rely in all respects and in all circumstances on the contents of the Order Acknowledgement as stating the quantity and grade of the Goods that are to be supplied. Accordingly, it shall be the Buyer’s sole responsibility to check the Order Acknowledgement and to notify Brenntag forthwith after the receipt of the same where the Goods are not properly stated in the Order Acknowledgement. 2.5 Where there is a conflict between the Order Acknowledgement and any quotation or estimate that Terms and Conditions Long Form 1 000-0000-0000/1/EUROPE Brenntag may have given, the Order Acknowledgement shall always prevail. 2.6 These Conditions shall apply to any services that Brenntag supplies which are ancillary to the supply of the Goods to the maximum extent feasible.

Applicability of Terms. 2.1 Unless otherwise expressly agreed in writing by Brenntag Multisol every Contract shall incorporate and be governed in all respects by these Conditions and any Special Conditions which shall prevail over any contractual provisions proffered by the Buyer in any correspondence, Order or other documentation, which shall have no application to the Contract unless otherwise agreed in writing by BrenntagMultisol. The Buyer agrees that no actions taken by Brenntag Multisol shall be interpreted as Brenntag Multisol accepting any contractual provisions proffered by the Buyer. 2.2 BrenntagMultisol's quotation is not to be taken as an offer and no Contract shall take effect unless and until an Order Acknowledgement has been despatched by Brenntag Multisol to the Buyer. 2.3 Brenntag Multisol will accept no responsibility whatsoever for any error or omission in the transmission of the Buyer’s Order. 2.4 Brenntag Multisol shall be entitled to rely in all respects and in all circumstances on the contents of the Order Acknowledgement as stating the quantity and grade of the Goods that are to be supplied. Accordingly, it shall be the Buyer’s sole responsibility to check the Order Acknowledgement and to notify Brenntag Multisol forthwith after the receipt of the same where the Goods are not properly stated in the Order Acknowledgement. 2.5 Where there is a conflict between the Order Acknowledgement and any quotation or estimate that Brenntag Multisol may have given, the Order Acknowledgement shall always prevail. 2.6 These Conditions shall apply to any services that Brenntag Multisol supplies which are ancillary to the supply of the Goods to the maximum extent feasible.

Applicability of Terms. 2.1 Unless otherwise expressly agreed in writing by Brenntag Multisol every Contract shall incorporate and be governed in all respects by these Conditions and any Special Conditions which shall prevail over any contractual provisions proffered by the Buyer in any correspondence, Order or other documentation, documentation which shall have no application to the Contract unless otherwise agreed in writing by BrenntagMultisol. The Buyer agrees that no actions taken by Brenntag Multisol shall be interpreted as Brenntag Multisol accepting any contractual provisions proffered by the Buyer. 2.2 Brenntag's Multisol’s quotation is not to be taken as an offer and no Contract shall take effect unless and until an a Sales Order Acknowledgement Confirmation has been be en despatched by Brenntag Multisol to the Buyer. 2.3 Brenntag Multisol will accept no responsibility whatsoever for any error or omission in the transmission of the Buyer’s Order. 2.4 Brenntag Multisol shall be entitled to rely in all respects and in all circumstances on the contents of the Sales Order Acknowledgement Confirmation as stating the quantity and grade of the Goods that are to be supplied. Accordingly, it shall be the Buyer’s sole responsibility to check the Sales Order Acknowledgement Confirmation and to notify Brenntag Multisol forthwith after the receipt of the same where the Goods are not properly stated in the Sales Order AcknowledgementConfirmation. 2.5 Where there is a conflict between the Sales Order Acknowledgement Confirmation and any quotation or estimate that Brenntag Multisol may have given, the Sales Order Acknowledgement Confirmation shall always prevail. 2.6 These Conditions shall apply to any services that Brenntag Multisol supplies which are ancillary to the supply of the Goods to the maximum extent feasible.