Common use of Applicable Terms Clause in Contracts

Applicable Terms. This Agreement governs the sale and performance of equipment, components, parts and materials (“Products”) and services provided by Siemens (“Services”). Collectively this Agreement may refer to the joint offering as “Siemens Products and Services”). The Standard Terms Addenda, these terms, any other applicable addenda, Siemens’ proposal, price quote, purchase order or acknowledgement issued by Siemens form the parties’ final agreement (“Agreement”). In the event of any ambiguity or conflict between these documents, precedence shall apply in accordance with the order written in the previous sentence. Siemens’ proposal, offer or acceptance is conditioned on Buyer's acceptance of this Agreement. Any additional or conflicting terms in Buyer’s request for proposal, specifications, purchase order or any other written or oral communication are not binding on Siemens unless separately signed by Siemens. Siemens’ failure to object to Xxxxx’s additional or conflicting terms does not operate as a waiver of the terms contained in this Agreement.

Applicable Terms. This Agreement governs the sale and performance of services, including certain equipment, componentsmaterials, parts components and materials other items (the “ProductsEquipment”) and services provided by Siemens necessary and essential to perform the services defined in the Siemens proposal (“Services”). Collectively this Agreement may refer to the joint offering as “Siemens Products and Services”). The Standard Terms Addenda, these terms, any other applicable addenda, Siemens’ proposal, price quote, purchase order or acknowledgement issued by Siemens form the parties’ final agreement (“Agreement”). In the event of any ambiguity or conflict between these documents, precedence shall apply in accordance with the order written in the previous sentence. Siemens’ proposal, offer or acceptance is conditioned on Buyer's acceptance of this Agreement. Any additional or conflicting terms in BuyerXxxxx’s request for proposal, specifications, purchase order or any other written or oral communication are not binding on Siemens unless separately signed by Siemens. Siemens’ failure to object to Xxxxx’s additional or conflicting terms does not operate as a waiver of the terms contained in this Agreement.