BASIS OF THE SALE. 1.1 During the Term, the Supplier shall supply, and the Purchaser shall purchase, such quantities of Products as the Purchaser may order, in accordance with the Agreement. The Purchaser shall place its Orders by fax, phone or EDI. Orders for direct to site deliveries shall be placed through the Supplier’s nominated sales office.
1.2 The Order constitutes an offer by the Purchaser to purchase the Products in accordance with the Agreement. The Order shall be deemed to be accepted on the earlier of (a) the Supplier issuing a written acceptance of the Order or (b) the Supplier doing any act consistent with fulfilling the Order. The terms of this Agreement shall apply to the exclusion of any other terms that the Supplier seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. The Supplier waives any right it might otherwise have to rely on any term endorsed upon, delivered with or contained in any documents of the Supplier that is inconsistent with this Agreement.
1.3 Where the Supplier has previously supplied to the Purchaser goods similar to the Products, no change in specification shall be made without the Purchaser’s written consent.
1.4 Statements and representations made by the Supplier its employees or agents relating to the Products or Services, prior to any Order, shall be terms of the Agreement.
1.5 The Purchaser may, by written notice given at any time prior to despatch of the Products or performance of the Services, amend or cancel the Order.
1.6 The Purchaser may return up to 5% (or the percentage stated in the G1) in value of the Products provided the Products are in re-saleable condition.
1.7 The Supplier shall give the Purchaser at least three months’ notice of any of the Products or Product ranges becoming Discontinued Stock, and shall pay for any point of sale information to assist the Purchaser to sell all Discontinued Stock. If the Supplier fails to give such notice, then, within 30 days of the date on which the Products became Discontinued Stock (which shall be the earlier of the date the Supplier is no longer selling the Product and the date on which an updated model, version or range of the Product is available for purchase in the market place), it will (a) at its cost collect from the Purchaser all remaining unsold Discontinued Stock and (b) credit the full original invoice value of the unsold Discontinued Stock to the Purchaser.
BASIS OF THE SALE. 2.1 The Seller shall sell and the Buyer shall purchase the Goods and/or Services in accordance with the terms of a Contract. A Contract shall not come into existence unless and until the Buyer issues a Purchase Order to the Seller which is confirmed by the Seller by way of Sales Order.
2.2 These Conditions shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer, and/or which are implied by trade, custom, practice or course of dealing.
2.3 No variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller.
2.4 The Seller’s employees or agents are not authorised to make any representations concerning the Goods and/or Services unless confirmed by the Seller in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sale literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
BASIS OF THE SALE. 2.1 TWHC shall sell and the Buyer shall purchase the Goods in accordance with any written order of the Buyer that is accepted by TWHC subject to these terms and conditions, which shall govern the Agreement to the exclusion of any other terms and conditions subject to which any such order is made or purported to be made by the Buyer.
2.2 Quotations issued to the Buyer by TWHC may be withdrawn or varied at any time and unless otherwise specified shall be automatically withdrawn after 30 days. No binding contract shall in any event arise until the Buyer's written order has been accepted by TWHC and confirmed in writing by TWHC issue of a Sales Order Acknowledgement. Each Sales Order Acknowledgement issued by TWHC will form the basis of a separate Agreement.
2.3 Any advice or recommendation given by TWHC or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in writing by TWHC is followed or acted upon entirely at the Buyer's own risk, and accordingly TWHC shall not be liable for any such advice or recommendation which is not so confirmed.
2.4 Any samples, illustrations or descriptive material and other information contained in TWHC brochures, advertising material or elsewhere shall not form part of the Agreement and shall be treated as approximate and for guidance only unless specifically stated otherwise.
BASIS OF THE SALE. 2.1 The Company shall sell and the Customer shall purchase the Vehicle at the Agreed Price, subject to these Conditions, which shall govern this Agreement.
2.2 The Company shall provide a checklist and the Customer shall verify the checklist and execute the same. Unless otherwise agreed in writing by the Company and to the extent as permitted by law, including the Consumer Protection (Fair Trading) Act Chapter 52A, the Company’s employees or agents are not authorized to make any representations concerning the Vehicle and in entering into the Agreement the Customer acknowledges that he does not rely on, and waives any claim for breach of, any such representations.
2.3 Any advice or recommendation given by the Company or its employees or agents to the Customer or its employees or agents as to the storage application or use of the Vehicle, is followed or acted upon entirely at the Customer’s own risk and accordingly the Company shall not be liable for any such advice or recommendation.
2.4 Any typographical, clerical or other error or omission in the Agreement, any sales literature, quotation, price list, acceptance of offer, invoice or other documents or information issued by the Company may be corrected without any liability on the part of the Company.
BASIS OF THE SALE. 2.1 The Seller shall sell and the Buyer shall purchase the Goods in accordance with these Terms, which shall govern the Contract to the exclusion of any other terms.
2.2 No variation to these Terms shall be binding unless agreed in Writing between the authorised representatives of the Buyer and the Seller.
2.3 The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller’s authorised representative in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed, but nothing in these Terms affects the liability of either party for fraudulent misrepresentation.
2.4 Any advice or recommendation given by the Seller or its employees or agents to the Buyer or its employees or agents as to the storage, application or use of the Goods which is not confirmed in Writing by the Seller is followed or acted upon entirely at the Buyer’s own risk, and accordingly the Seller shall not be liable for any such advice or recommendation which is not so confirmed.
2.5 Any typographical, clerical or other error or omission in any sales literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on the part of the Seller.
BASIS OF THE SALE. The Seller shall sell and the Buyer shall purchase the Goods subject to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions. • No terms or conditions endorsed upon, delivered with or contained in the Buyers purchase order, confirmation of order, specification or other order will form part of the Contract. • These Conditions apply to all sales by the Seller and no variation to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Seller. • Each order for Goods by the Buyer shall be subject to availability of stock and confirmation of price by the Seller and shall be deemed to be an offer by the Buyer to purchase Goods subject to these Conditions. No order placed by the Buyer shall be deemed to be accepted by the Seller until a written acknowledgement of order is issued by the Seller or (if earlier) the Company delivers the Goods to the Buyer. • The Seller’s employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Seller in writing. In entering into the Contract the Buyer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not confirmed in writing. • Any advice or recommendation given by the Seller or its employees or agents are at the Buyers own risk and accordingly the Seller shall not be liable for any advice or recommendation. • Any typographical, clerical or other error or omission in any sale literature, quotation, price list, acceptance of offer, invoice or other document or information issued by the Seller shall be subject to correction without any liability on part of the Seller. • ORDERS AND SPECIFICATION • If the goods are to be manufactured or any process is to be applied to the Goods by the Seller in accordance with a specification submitted by the Buyer, the Buyer shall indemnify the Seller against all loss, damage, cost and expenses awarded against or incurred by the Seller in connection with or paid or agreed to be paid by the Seller in settlement of any claim for infringement of any patent, copyright, design, trademark or other industrial or intellectual property rights of any other person which results from the Sellers use of the Buyers specifications. • The Seller reserves the right and discretion to alter or change dimensions or composition of the Goods within reasonable commercial limits and having regard to the na...
BASIS OF THE SALE. 2.1 Kingspan shall sell and the Buyer shall purchase the Goods for the Total Price in accordance with these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Buyer.
2.2 No purported variation to these Conditions or any subsequent variation shall be binding on Kingspan unless agreed in writing (which in this case shall not include email) by the head of the legal department for the time being of Kingspan or a Main Board Director of Kingspan and agreed in writing by the authorised representative of the Buyer.
2.3 Kingspan’s employees or agents are not authorised to make any representations or warranties concerning the Goods unless confirmed by Xxxxxxxx in Writing. In entering into the Contract the Buyer acknowledges that it does not rely on any such representations which are not so confirmed.
2.4 Any typographical, clerical or other error or omission in any sale literature, quotation, price list, acceptance of offer, invoice or other document or information issued by Kingspan shall be subject to correction without any liability on the part of Kingspan.
2.5 If the Buyer has not signed the Kingspan Order Confirmation then acceptance of the Goods (even if later rejected by the Buyer in accordance with these Conditions) shall constitute agreement by the Buyer to these Conditions and to the terms of the Contract.
2.6 Any advice or recommendations given by Kingspan or its employees or agents to the Buyer or its employees or agents as to storage, application, installation or use of the Goods, which is not confirmed in writing by Xxxxxxxx, is followed or acted upon entirely at the Buyer’s own risk, and accordingly Kingspan shall not be liable for any such advice or recommendation which is not so confirmed.
BASIS OF THE SALE. 2.1 The Supplier shall sell and supply the Goods to the Buyer subject to these terms and conditions (“Conditions”), which shall govern the contract (“Contract”) for the sale of the Goods provided by the Supplier hereunder to the exclusion of any other terms and condi- tions.
2.2 No variation to these Conditions shall be binding unless agreed in writing by the author- ised representative(s) of the Supplier. Contract shall include any special terms and conditions agreed in addition to these Conditions in writing by the Supplier and the Buyer; any special terms shall prevail.
BASIS OF THE SALE. 2.1 The Company shall sell and the Buyer shall purchase the Goods in accordance with any quotation of the Company which is accepted by the Buyer in writing or any order of the Buyer which is accepted by the Company subject in either case to these Conditions, which will govern the Contract to the exclusion of any other terms and conditions.
2.2 No variation of these Conditions shall be binding unless agreed in writing between the authorised representatives of the Buyer and the Company.
BASIS OF THE SALE. 2.1 The Company shall sell and the Buyer shall purchase the Goods in accordance with (i) any written quotation or price list of the Company which is accepted by the Buyer, or (ii) any written order (including delivery schedules) of the Buyer which is accepted in writing by the Company (which in either case shall be deemed a Contract), subject in either case solely to these terms and conditions. These terms and conditions shall apply to the exclusion of any other terms and conditions howsoever referenced by the Buyer and acceptanc e of any order by the Company is conditional on the Buyer’s acceptance of the terms and conditions herein.
2.2 No variation, alteration or modification to these terms and conditions shall be binding unless agreed to in writing by a duly authorised representative of the Company.
2.3 The Buyer acknowledges that the sale of Goods, Services and/or Fixed Items under the Contract was not entered into in reliance on any representations made by any employee or agent of the Company or appearing in any sales literature or related data unless specifically incorporated into the Contract.
2.4 The Contract and these terms and conditions shall not create or give rise to, nor shall it be intended to create or give rise to any third party rights except to the extent expressly stated herein or therein. The application of any legislation, including but not limited to the Contracts (Rights of Third Parties) Act 1999, giving to or conferring on third parties contractual or other rights in connection with the Contract shall be excluded.
