BASIS OF SUPPLY. 2.1. The terms of these Conditions prevail over any inconsistent terms or conditions contained, or referred to, in the Customer's purchase order, confirmation of order, acceptance of a quotation or specification, or implied by law, trade custom, practice or course of dealing.
2.2. In the absence of any express acceptance of these Conditions by the Customer, the making of any payment or allowing Tivoli staff to enter the site and start the Services shall constitute acceptance of these conditions by the Customer.
2.3. The Services supplied under these Conditions shall be provided by Tivoli to the Customer from the Start Date.
2.4. Tivoli reserves the right to make any changes to the Services which are required to conform with any applicable statutory or regulatory requirements or which do not materially affect their quality or performance.
BASIS OF SUPPLY. 2.1. Protocol operates as an employment business however prior to the date of this agreement the Contractor and the Individual have each given notice of their agreement that the Conduct of Employment Agencies and Employment Businesses Regulations 2003 shall not apply to the terms of this agreement or the Engagement.
BASIS OF SUPPLY. 2.1 An Order duly issued by AIB shall constitute an offer by AIB to the Supplier for the supply of Deliverables on a non-exclusive basis, subject to these Purchase Terms. Acceptance of an Order by the Supplier shall occur upon the earlier of: (a) the Supplier executing such Order; (b) the commencement of supply of the Deliverables by the Supplier in accordance with such Order; or (c) by such other means as may be agreed by the Parties in writing. AIB accepts no liability for any Deliverables provided unless and until they are confirmed by an Order with a corresponding valid AIB purchase order number.
2.2 These Purchase Terms shall apply to each Agreement to the exclusion of any other terms and conditions, including those set out in any invoice, delivery note or any other paperwork of the Supplier. No variation to any Agreement shall be binding unless agreed in writing by the Parties.
2.3 To the extent that there is any conflict or inconsistency between any terms of an Order and the provisions of these Purchase Terms, then the terms of the Order shall prevail to the extent of any such conflict or inconsistency.
2.4 The Parties acknowledge that each Agreement concluded in accordance with these Purchase Terms constitutes a discrete and separate contractual commitment and nothing in these Purchase Terms shall oblige AIB to place any particular volume, or value, of Orders with the Supplier, which shall be matters entirely within AIB's discretion.
2.5 The Supplier shall and shall ensure that its Service Personnel shall, in the performance of each Agreement, comply in all respects with Good Practice, all Applicable Laws, the AIB Business Policies and the terms and conditions of each Agreement. The Supplier shall maintain such records as are necessary pursuant to such Applicable Laws and shall promptly on request make them available for inspection by any Regulator that is entitled to inspect them and by AIB (or its authorised representative).
2.6 The Supplier shall monitor and shall keep AIB informed in writing of any changes in Applicable Laws which may impact the Services. The Supplier shall provide AIB with timely details of measures and changes it proposes to make to comply with any such changes (which for the avoidance of doubt include any changes mandated by a Regulator), designed to eliminate (where possible) any potential operational disruption to the Services and to AIB. Without prejudice to the foregoing, the Supplier shall consult with AIB on (and where...
BASIS OF SUPPLY. 2.1 The Order constitutes an offer by the Buyer to purchase the Goods and/or hire the Hire Goods and/or purchase the Services subject to these Terms.
2.2 The Supplier must acknowledge receipt of the Order and confirm its unconditional acceptance of the Order and these Terms in writing within 7 days of the Order date, failing which the Buyer reserves the right to withdraw the Order in writing at any time thereafter whereupon the Order shall lapse and cease to be capable of being accepted by the Supplier. Subject to the previous sentence, if the Supplier delivers the Goods or performs the Services or carries out any work in relation to either of the foregoing, that shall be deemed to be conclusive evidence of the Supplier’s unconditional acceptance of the Order and these Terms.
2.3 Subject to section 2.4, unless expressly agreed otherwise in writing between authorised representatives of the Parties or authorised agents on behalf of the Parties, no variation to the Order or these Terms shall be binding and these Terms shall apply to the Contract to the exclusion of any other terms on which any quotation has been given to the Buyer or subject to which the Order is accepted or purported to be accepted by the Supplier.
2.4 If there is an Agreement, the terms and conditions of the Agreement shall apply to the Parties and form part of the Contract and, in the event of any conflict between the terms and conditions of the Agreement and these Terms, the terms and conditions of the Agreement shall prevail (except as may be expressly stated otherwise in the Agreement).
BASIS OF SUPPLY. 2.1 Accentra shall supply the Services to the Customer in accordance with these Conditions.
2.2 These Conditions shall apply to the exclusion of any other express or implied conditions, including any terms and conditions to which the order of the Customer may purport to be subject.
2.3 Variations or additions to these Conditions shall apply only if agreed in writing between a director of Accentra and an authorised representative of the Customer.
2.4 Subject to any variation in accordance with condition 2.3, these Conditions (together with matters referred to on the face of Accentra’s quotation and/or order confirmation) embody the entire understanding of the parties and override any prior promises, undertakings or representations. Nothing contained in these Conditions shall, however, operate to limit or exclude the liability of either party for fraud.
2.5 Any quotation, tender or price list in whatever form given to the Customer is subject to these Conditions and does not constitute an offer to supply.
2.6 Accentra will only be bound by an order when written confirmation of the order has been given to the Customer by Accentra.
BASIS OF SUPPLY. 2.1 Nam Tai agrees to supply the Peripheral Products to SCEE or its nominated distributors.
2.2 Nam Tai agrees upon receiving payment from SCEE for the value of the remaining life of the tools from SCEE to render up the Tools on the expiration of this Agreement.
2.3 Nam Tai agrees that during the Term and throughout the Territory, without SCEE's consent, it will not, and will procure that its affiliates do not, manufacture, distribute, sell nor supply to any third party, other than SCEE or its nominated distributors, for sale the Peripheral Products or any digital camera based peripheral products intended for use with any video game console, but such consent shall not be unreasonably withheld. For the purpose of this clause 2.3 Nam Tai's affiliates shall mean Nam Tai Electronics Inc and its subsidiaries.
2.4 Nam Tai agrees to purchase the Chipsets for incorporation in the Peripheral Products only from Omnivision Technologies Inc.
BASIS OF SUPPLY we only sell and deliver our products to customer who will use our products as end-user. Customer is strictly prohibited to: (a) sell or re-sell our products to any person in any part of the world; (b) give away our products together with other products sold by the customer to any person in any part of the world; or (c) use our products in the course of or in connection with any services provided by the customer to any person in any part of the world. If we believe that you are not purchasing our products as an end user, we have the absolute right to decline or cancel your order.
BASIS OF SUPPLY. Basis of Supply – Microsoft Customer Agreement All Microsoft Cloud Services are supplied subject to this Agreement and the applicable Microsoft Customer Agreement. The Microsoft Customer Agreement applicable for the Customer is here: xxxxx://xxx.xxxxxxxxx.xxx/licensing/docs/customeragreement The Microsoft Customer Agreement is an agreement between Microsoft and the Customer and includes General Terms, Use Rights, SLAs (service level agreements) and any additional terms Microsoft presents when an order is placed (the terms ‘General Terms’, ‘Use Rights’ and ‘SLA’ are defined in the Microsoft Customer Agreement). Receipt of Microsoft Customer Agreement Subscription Renewals The Customer acknowledges receipt of the current Microsoft Customer Agreement from the Supplier and by purchasing Microsoft Cloud Services from the Supplier the Customer confirms: - its acceptance of the Microsoft Customer Agreement; - that the Supplier is authorized by the Customer to confirm the Customer’s acceptance of the Microsoft Customer Agreement on behalf of the Customer. If required by the Supplier, the Customer will confirm its acceptance of the Microsoft Customer Agreement in writing. The Customer acknowledges that the Supplier is not permitted to revise the Microsoft Customer Agreement in any way. If Microsoft updates the Microsoft Customer Agreement the Customer must accept the new Microsoft Customer Agreement at or before renewal of their subscription. The updated Microsoft Customer Agreement (if any) will be available at the above link (if a link is provided) or will be made available to the Customer prior to the subscription renewal. By permitting the subscription to renew, the Customer is deemed to have accepted the updated Microsoft Customer Agreement.
BASIS OF SUPPLY. The Order constitutes an offer by the Authority to purchase the Goods and/or hire the Hire Goods and/or purchase the Services subject to these Terms.
BASIS OF SUPPLY. 2.1 We shall supply and you shall purchase the System and/or Services for the Price, subject to the terms of the Client Agreement, which shall be to the exclusion of all previous agreements and understandings between us and you in respect of the supply of the System and/or Services. Any variation to the Client Agreement must be agreed in writing between us and you. If you wish to vary the System and/or the Services you may request such variation in writing and we will use reasonable endeavours to accommodate such variation (subject to agreement of any cost implications) but shall not be liable to you if we cannot accommodate such variation for any reason.
2.2 You shall be responsible for ensuring that the System is suitable for your requirements and for giving us any necessary information relating to your proposed use of the System.
2.3 The quantity, quality and description of any specification for the System and/or Services shall be those set out in the Cover Sheet.
2.4 We reserve the right to make any changes to the System and/or Services which are required to conform with any applicable statutory or safety requirements or which do not materially affect the quality or performance of the System and/or Services.
2.5 The Client Agreement cannot be cancelled by you except in accordance with its terms or with our prior written agreement and on terms that you indemnify us (on demand) in full against all loss (including loss of profit), costs (including costs of all labour and materials used and/or System(s) ordered), damages, charges, and expenses incurred by us as a result of cancellation.
