Conclusion of Purchase Agreement; Acceptance Sample Clauses

Conclusion of Purchase Agreement; Acceptance. 1.1. Buyer’s Purchase Orders are not binding unless made in writing. Verbal Purchase Orders or Purchase Orders placed by telephone are not binding and require a written confirmation in order to become binding. Amendments to and changes of the Purchase Orders or any supplements hereto shall not be binding until made in writing. 1.2. The Purchase Order is accepted, upon the earlier of: (a) Seller’s return of an acknowledgment of the Purchase Order or (b) Seller’s commencement of performance. 1.3. Seller is obliged to declare in writing within five (5) days from the date of receipt of the Purchase Order whether he accepts the Purchase Order placed by Buyer. 1.4. An order confirmation that deviates from the Purchase Order constitutes a counter-proposal and shall be binding only if accepted by Xxxxx in writing. Under no circumstances shall silence on the part of Buyer be deemed as acceptance of an order confirmation that deviates from the original Purchase Order. 1.5. Any acceptance of the Purchase Order is limited to acceptance of the express terms contained in the Purchase Order (including these Terms and Conditions). No additional, conflicting, deviating or supplementary terms (including any of the Seller's terms and conditions of quotation, acceptance or supply) or attempted exclusions or modifications by way of any document, proposal, course of performance or otherwise will be effective against Buyer, even if Buyer does not expressly object to them or if Seller indicates that he is only willing to deliver in accordance with his own terms and conditions of quotation, acceptance and supply in the absence of the express written consent of Buyer. Neither the submission of the Purchase Order nor anything contained in the Purchase Order will be construed to be an acceptance or confirmation of any prior or subsequent document, proposal or course of performance.