Battle of Forms. Licensee’s purchase of License shall be solely governed by the terms and conditions of this Agreement. Any terms or conditions introduced by Licensee either directly, indirectly by way of reference or otherwise are hereby explicitly rejected and shall not apply. Parties agree that any additional or differing terms or conditions in any other document or arrangement not forming part of this Agreement, including but not limited to any letter or terms of engagement or the like, purchase order, invoice, acknowledgment, delivery receipt, confirmation or other delivery or acceptance document issued by or on behalf of Highsoft, or by or on behalf of Licensee at the request of Highsoft, shall be void, and of no force or effect to the extent such are in breach of or contradiction with this Agreement.
Battle of Forms. Licensee’s purchase of License shall be solely governed by the terms and conditions of this Agreement. Any terms or conditions introduced by Licensee either directly, indirectly by way of reference or otherwise are hereby explicitly rejected and shall not apply. The Parties agree that any additional or differing terms or conditions in any other document or arrangement not forming part of this Agreement, including but not limited to any letter or terms of engagement or the like, purchase order, invoice, acknowledgment, delivery receipt, confirmation or other delivery or acceptance document issued by or on behalf of either Party shall be void, and of no force or effect to the extent such are in breach of or contradiction with this Agreement.
Battle of Forms. The agreements and/or conditions arising from this agreement shall expressly prevail over (delivery, purchase and payment) terms and conditions of the tenant(s) or prospective tenant(s) and/or a third party on his, her and/or their behalf, irrespective of the stage during which the agreements and/or conditions arising from this agreement were made and/or provided.
Battle of Forms. EACH PARTY HEREBY OBJECTS TO AND REJECTS THE PROVISIONS OF ANY ACKNOWLEDGEMENT, ORDER ACCEPTANCE, WARRANTY STATEMENT, OR INVOICE WHICH ARE INCONSISTENT WITH OR IN ADDITION TO THE PROVISIONS OF THIS AGREEMENT. THIS AGREEMENT IS THE COMPLETE AND EXCLUSIVE CONTRACT BETWEEN THE PARTIES WITH RESPECT TO THE PRODUCTS AND MAY BE MODIFIED ONLY IN WRITING SIGNED BY AUTHORIZED REPRESENTATIVES OF EACH PARTY. NO PRIOR PROPOSALS, QUOTATIONS, STATEMENTS, FORECASTS, COURSE OF DEALING, OR USAGE OF TRADE WILL BE PART OF THE AGREEMENT BETWEEN THE PARTIES.
Battle of Forms. 1. Supplier acknowledges that it enters into any contract only under these Terms and Condition. Any change, modification or reservations shall not be effective unless the Supplier has expressly accepted them.
Battle of Forms. Look at all the documents from the parties to see if there is an agreement on material points (Xxxxxx Machine Tool Co) • Whoever has their forms in last prevails (Xxxxxx J in Xxxxxx Machine Tool Co) • Agreement without clear offer/acceptance (Brambles Holdings) As both offer and acceptance have been satisfied, on the facts, an agreement has been made. OR;
Battle of Forms. These General Conditions form part of the Contract. They shall not be varied and no conditions contained in quotations, letters, advice note, invoices or other communications issued by the Other Party shall annul or vary these or any instructions contained in the Order Form unless expressly agreed by Wintershall in writing. The applicability of the Other Party’s general terms and conditions is hereby rejected explicitly.
Battle of Forms. The parties have agreed and it is their intent that the battle of the forms section of §2-207 of the Uniform Commercial Code shall not apply to these Terms or to any invoice or acceptance form of Supplier relating to these Terms. It is the parties’ intent that these Terms shall exclusively control the relationship of the parties, and in the event of any inconsistency between any invoice or acceptance form sent by Supplier and these Terms, these Terms shall control.
