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 8 contracts
Samples: Master Distributor Agreement, Master Distributor Agreement (Surge Components Inc), Oem Agreement (Utstarcom Inc)
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 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
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 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: License Agreement, Xilinx 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: Distributor Agreement (Natus Medical Inc), Distributor 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 Products, unless the parties agree otherwise in writing.
Appears in 2 contracts
Samples: Manufacturing Agreement (Argonaut Technologies Inc), Manufacturing 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 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 acknowledgment, confirmation or any other document issued by either party effecting the purchase and/or sale of Products.. 15.8
Appears in 2 contracts
Samples: Non Exclusive Distribution Agreement, Non Exclusive Distribution Agreement (Hybrid Dynamics 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 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, Transfer and 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 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: Odm Supply Agreement (Agape ATP Corp), Odm 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 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 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, 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 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 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 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: Digex Inc
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
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 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 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: License Agreement (Egenera, 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. 22.7.
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