CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of Products.
Appears in 10 contracts
Samples: Non Exclusive Distribution Agreement, Master Distributor Agreement, Non Exclusive Distribution Agreement (Hybrid Dynamics Corp)
CONFLICTING TERMS. The Unless otherwise agreed to in writing by both parties, the parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding contrary or additional terms, terms in any purchase order, sales acknowledgmentacknowledgement, confirmation or any other document issued by either party effecting the purchase and/or sale of Productsparty.
Appears in 4 contracts
Samples: Sales Representative Agreement, Sales Representative Agreement, Sales Representative Agreement (Ambarella Inc)
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of Products, unless the parties agree otherwise in writing.
Appears in 3 contracts
Samples: Distributor Agreement (Fuse Medical, Inc.), Manufacturing Agreement (Argonaut Technologies Inc), Manufacturing Agreement (Argonaut Technologies Inc)
CONFLICTING TERMS. The parties Parties agree that the terms and conditions of ----------------- this Agreement shall prevail, notwithstanding the contrary or additional terms, in any purchase order, sales acknowledgmentacknowledgement, confirmation or any other document issued by either party Party effecting the purchase and/or sale of ProductsServices.
Appears in 3 contracts
Samples: Sales Agreement (Digex Inc), Authorized Lci Agreement (Digex Inc), Sales Agreement (Digex Inc)
CONFLICTING TERMS. The parties Parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding the contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party Party effecting the purchase and/or sale of Products.
Appears in 3 contracts
Samples: Distributor Agreement (Kofax Image Products Inc), Distributor Agreement (Kofax Image Products Inc), Distributor Agreement (Kofax Image Products Inc)
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of Products, unless the parties agree otherwise in writing. This Agreement is in the English language only, which language shall be controlling in all respects, and all versions hereof in any other language shall not be binding on the parties hereto.
Appears in 2 contracts
Samples: Distributor Agreement, Distribution Agreement (Capnia, Inc.)
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of ProductsTechnology.
Appears in 2 contracts
Samples: Oem License Agreement (Originoil Inc), Oem License Agreement (Originoil Inc)
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgmentacknowledgement, confirmation or any other document issued by either party effecting the purchase and/or sale of Products, unless the parties agree otherwise in writing.
Appears in 2 contracts
Samples: License Agreement (Argonaut Technologies Inc), License Agreement (Argonaut Technologies Inc)
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of the BuySite Products.
Appears in 2 contracts
Samples: Joint Development Agreement (Commerce One Inc), Joint Development Agreement (Commerce One Inc)
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement agreement shall prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of Products.
Appears in 2 contracts
Samples: Supply Agreement (Agape ATP Corp), Supply Agreement (Agape ATP Corp)
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgmentacknowledgement, confirmation confirmation, invoice, or any other document issued by either party effecting the purchase and/or sale of Products.
Appears in 2 contracts
Samples: Master Distributor Agreement, Master Distributor Agreement (Xilinx Inc)
CONFLICTING TERMS. The parties agree that the terms and conditions of ----------------- this Agreement shall prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of Products, unless the parties agree otherwise in writing.
Appears in 2 contracts
Samples: Distribution Agreement (Natus Medical Inc), Distribution Agreement (Natus Medical Inc)
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of ProductsProduct.
Appears in 2 contracts
Samples: Software Distribution Agreement (Lindows Inc), Software Distribution Agreement (Lindows Inc)
CONFLICTING TERMS. The parties agree that the terms and conditions of this the Agreement shall prevail, notwithstanding contrary or additional terms, terms in any purchase order, sales acknowledgment, confirmation order or any other document issued by either party Installer effecting the purchase and/or sale of ProductsAMP products. Except as expressly herein provided otherwise, these Terms and Conditions shall prevail over any inconsistent provision in the attached Letter Agreement.
Appears in 1 contract
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, will prevail notwithstanding contrary or additional terms, terms in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting affecting the purchase and/or or sale of Products.
Appears in 1 contract
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding any contrary or additional terms, terms in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of Productsin relation to this Agreement.
Appears in 1 contract
Samples: Manufacturing Rights License Agreement (Egenera, Inc.)
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding contrary or additional terms, terms in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting affecting the purchase and/or sale of ProductsProduct.
Appears in 1 contract
Samples: Supply Agreement (Cygnus Inc /De/)
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding any contrary or additional terms, terms in any purchase orderPurchase Order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of Products.
Appears in 1 contract
CONFLICTING TERMS. The parties Parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding the contrary or additional terms, in any purchase order, sales acknowledgmentsales, acknowledgement, confirmation or any other document issued by either party effecting the purchase and/or and/ or sale of Productsproducts. Entire Agreement This Agreement, including all appendices, constitutes the complete and the final Agreement between the Parties, and supersedes all prior negotiations and agreements between the parties concerning it subject matter.
Appears in 1 contract
Samples: Distributor Agreement
CONFLICTING TERMS. The parties Parties agree that the terms and conditions of ----------------- this Agreement shall prevail, notwithstanding the contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party Party effecting the purchase and/or sale of ProductsServices.
Appears in 1 contract
Samples: Private Network Contract (Digex Inc)
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, will prevail notwithstanding contrary or additional terms, terms in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting affecting the purchase and/or or sale of the Products.
Appears in 1 contract
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of GEMPLUS Products.
Appears in 1 contract
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall prevail, notwithstanding agreement will prevail not withstanding contrary or additional terms, terms in any purchase order, sales acknowledgment, acknowledgment confirmation or any other document issued by either party effecting affecting the purchase and/or or sale of Products.
Appears in 1 contract
CONFLICTING TERMS. The parties agree that the terms and conditions of this Agreement shall will prevail, notwithstanding contrary or additional terms, in any purchase order, sales acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of Products.
Appears in 1 contract
