APPLICATION OF THESE CONDITIONS Sample Clauses

APPLICATION OF THESE CONDITIONS. These General Conditions shall apply to the provision of Services to you during the Term.

APPLICATION OF THESE CONDITIONS. 3.1 All business undertaken by the Company and Company's transactions are subject to these Conditions which shall be incorporated in and to be an integral part of any agreement between the Company and the Customer. These Standard Trading Conditions may be modified by agreement in writing by the Company as amendment of this contract when required and approved by iContainers principals. Where the clauses of the agreement between the Company and the Customer or the clauses of the transport documents issued by iContainers or other party by the Company, which include but are not limited to airway bill, seaway bill and multi-modal bill of lading issued by the Company’s Principal listing the Principal as the carrier are contrary to these Conditions, the clauses of the agreement or the bills shall prevail. 3.2 Once iContainers acts as an NVOCC the following conditions of the HBL applies: xxxx://xxxxxx.xxxxxxxxxxx.xxx/docs/us/iContainers_USA_inc_Bill_of_Lading_conditions.p df 3.3 Once iContainers acts as Freight forwarding the following conditions applies. xxxx://xxxxxx.xxxxxxxxxxx.xxx/docs/us/iContainers_USA_inc_Ocean_freight_forwarder_c onditions.pdf 3.4 If shipment is an airfreight shipment iContainers does not act as an IATA carrier. It is an agent for a disclosed principal whose name will be revealed on bills of lading or Airway Bill and other documents. For airfreight shipments review also xxxx://xxxxxx.xxxxxxxxxxx.xxx/docs/us/air_transport_conditions_us.pdf 3.5 All and any advice, information or services provided by the Company are provided on the basis that the Company will not accept any liability whatsoever therefore. Booking acceptance from iContainers will be done from 1 to 48 hours after online booking and all the information related with Trucking schedule, Sailing Schedule, transit time and arrival date are not guaranteed and subject to change with or without notice from carriers anytime. Rates will be confirmed but all extra charges or delays produced by customer or by carriers will be under customer’s expenses. Carriers have last call to accept the shipment depending on their current availability and their current policies. 3.6 No omission or delay on the part of the Company in exercising its rights shall operate as a waiver thereof, nor shall any single or partial exercise by the Company of any such right preclude the further or other exercises thereof or the exercise of any other right which it has. The rights and remedies of the Company provided ...

APPLICATION OF THESE CONDITIONS. 1.1 Subject to any variation under Condition 2.2, the Contract excludes all other terms and conditions including without limit any terms and conditions which the Supplier purports to apply under any acknowledgement or confirmation of order, quotation, specification, delivery note, invoice or any similar document whether or not such document is referred to in the Contract. Each quotation for the Goods and/or Services shall be deemed to be an offer by the Supplier to sell the Goods and/or Services on the terms of the Contract. All quotations provided by the Supplier, including without limit, the price provisions, will remain open for 60 days from its date. If there is a Supply Agreement the Contract is only formed and binding when a Supply Agreement signed by the Company is delivered by the Company to the Supplier. In the absence of a Supply Agreement, the Contract shall be formed and binding when a Purchase Order is delivered by the Company to the Supplier and is accepted in writing by the Supplier. Any Purchase Order may be cancelled by the Company if the Company does not receive within 5 working days of the date of the Purchase Order a written acknowledgement signifying the Supplier's acceptance of the Purchase Order without variation provided that the performance of Services and/or delivery of Goods by the Supplier pursuant to the Purchase Order shall constitute acceptance of these conditions in any event. 1.2 Each Contract shall form a separate agreement for the provision of Goods and Services between the Supplier and the Company. 1.3 Any Contract may only be cancelled or varied by the Supplier with the prior written consent of the Company and on condition that the Supplier shall indemnify the Company in full against all losses, costs, damages, charges and expenses incurred by the Company as a result of such cancellation or variation. 1.4 In any Contract where there is a Supply Agreement, if there is any conflict between any terms contained within that Supply Agreement, the Conditions and/or any Purchase Order submitted under such Supply Agreement, then such conflict shall be resolved in the following order of priority of precedence: (a) the Purchase Order; (b) the Supply Agreement; (c) the Conditions 1.5 In any Contract where there is not a Supply Agreement, if there is any conflict between the Conditions or any terms of any Purchase Order, then the terms of that Purchase Order shall prevail.

APPLICATION OF THESE CONDITIONS. 2.1. These Conditions are the only terms and conditions upon which Supplier is prepared to deal with Buyer and they shall govern and are incorporated into the Agreement and any other agreement and/or Order relating to the sale and purchase of Supplies. They apply to the exclusion of and prevail over all other terms and conditions which Buyer may purport to apply, impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

APPLICATION OF THESE CONDITIONS. 2.1 Any Agreement between the Company and the Customer shall be subject to the Conditions. 2.2 The Manufacturer has appointed the Company as its agent for the supply of Goods and/or Services to the Customer who shall be deemed to have accepted this appointment. 2.3 The supply of any Goods and/or Services shall be subject to the terms and conditions of the Contract entered into between the Customer and the Manufacturer. 2.4 The Customer acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Company in connection with the Contract. 2.5 Any Agreement between the Company and the Customer shall incorporate these Conditions which shall apply to any Agreement to the exclusion of any other terms that the Customer seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 The Company may in the exercise of its discretion decide to supply Goods and/or Services directly to the Customer (without the participation of the Manufacturer) which shall be subject to a separate contract between the Company and the Customer subject to the Company's standard terms and conditions for the supply of goods and/or which can be found at xxxx://xxx.xxxxxxxx.xx/images/Technava-TermsConditions-acting-as- Agent.pdf. 2.7 Catalogues, circulars, or literature shown or provided by the Company are for the Customer's general guidance only and the particulars contained therein shall not constitute representations by the Company and the Company shall be bound thereby.

APPLICATION OF THESE CONDITIONS. These General Conditions shall apply to the provision of Services to you during the Term in addition to, and as further described in the Service Specific Conditions which are applicable to those particular Services which form part of your CloudSuite Solution.

APPLICATION OF THESE CONDITIONS. 2.1 These Conditions apply to the Contract to the exclusion of all other terms and conditions that the Supplier seeks (whether prior or subsequent to the point in time described in Clause 2.2) to impose or incorporate or are implied by trade, custom, practice or course of dealing. 2.2 The Supplier agrees that it accepts and shall be deemed to accept these Conditions on the earlier of (a) any act by the Supplier consistent with the provision of the Deliverables and (b) receipt of the request from the Purchaser for provision of the Deliverables (or any of them). 2.3 The Contract shall only be amended or superseded by the written agreement of the parties signed (under hand) by each party. 2.4 The Contract constitutes the entire agreement between the parties with respect to its subject matter. All prior agreements, understandings, conditions, warranties, representations, statements, negotiations and undertakings (in each case whether written, oral, express, implied, statutory or otherwise) are superseded by the Contract (other than any fraudulent representation on which a party can be shown to have relied).

APPLICATION OF THESE CONDITIONS. 2.1. Where the Company will supply goods and carry out non-installation services for the Buyer, the Parties agree that the following conditions shall apply and that, in the event of a discrepancy or conflict between these conditions, they shall be interpreted in the following order of priority: 2.1.1. the Order Acknowledgment; 2.1.2. Conditions A to K of Part A; and 2.1.3. Conditions 2 to 25 of Part C. 2.2. The terms and conditions contained in Part B (above) do not apply to the supply of goods and non-installation services by the Company to the Buyer.

APPLICATION OF THESE CONDITIONS. 2.1 These Conditions apply to and form part of the Contract between the Supplier and the Customer. They supersede any previously issued terms and conditions of purchase or supply. 2.2 No terms or conditions endorsed on, delivered with, or contained in the Customer’s purchase conditions, order, confirmation of order, specification or other document shall form part of the Contract except to the extent that the Supplier otherwise agrees in writing. 2.3 No variation of these Conditions or to an Order or to the Contract, shall be binding unless expressly agreed in writing and executed by a duly authorised signatory on behalf of the Customer. 2.4 Each Order by the Customer to the Supplier shall be an offer to purchase the Deliverables as set out in a Quote and subject to these Conditions. 2.5 An Order may be withdrawn or amended by the Customer at any time before acceptance by the Supplier. If the Supplier is unable to accept an Order, it shall notify the Customer promptly. 2.6 The offer constituted by an Order shall remain in effect and capable of being accepted by the Supplier for 14 Business Days from the date on which the Customer submitted the Order, after which time it shall automatically lapse. 2.7 The Supplier may accept or reject an Order at its discretion. An Order shall not be accepted, and no binding obligation to supply any Deliverables shall arise, until the earlier of: 2.7.1 the Supplier’s written acceptance of the Order; or 2.7.2 the Supplier delivering or performing the Deliverables or notifying the Customer that they are ready to be delivered or performed (as the case may be). 2.8 Rejection by the Supplier of an Order, including any communication that may accompany such rejection, shall not constitute a counter-offer capable of acceptance by the Customer. 2.9 The Supplier may issue a Quote to the Customer from time to time. Quotes are invitations to treat only. They are not an offer to supply Deliverables and are incapable of being accepted by the Customer. A Quote is valid for the period stated in it, unless it is superseded by a revised quote. If no period of validity is stated in the Quote, then, unless otherwise agreed, the quote will expire after 30 days. 2.10 Marketing and other promotional material relating to the Deliverables are illustrative only and do not form part of the Contract.

APPLICATION OF THESE CONDITIONS. 1.1 In cases where the Company will supply goods and carry out installation works for the Buyer, the Parties agree that the following conditions shall apply and that, in the event of a discrepancy or conflict between these conditions, they shall be interpreted in the following order of priority: 1.1.1 the Order Form; 1.1.2 Conditions I to XI of Part A together with conditions 10, 13.5, 14, 15.2, 18.1, 20 and 24 of Part C; and 1.2 The rest of the terms and conditions contained in Part C (with the exception of conditions 10, 13.5, 14, 15.2, 18.1, 20 and 24) shall not apply to the supply of goods and installation works by the Company to the Buyer.