CONTRACT AND ACCEPTANCE Sample Clauses

CONTRACT AND ACCEPTANCE. Seller (including its parent company, subsidiaries or affiliates, if applicable) has read and understands these Terms and Conditions (the "Terms and Conditions" and together with the applicable purchase order and/or schedule agreement, the "Contract") and Seller acknowledges and agrees that (a) any goods or services purchased by Xxxxxxx Transmission, Inc. ("Buyer") are subject to these Terms and Conditions in all respects and (b) Seller's written acceptance or the commencement of any work or services shall constitute Seller's acceptance of these Terms and Conditions, and (c) during the term of the contract for all Direct Purchases only, Seller agrees to sell to Buyer and Xxxxx agrees to exclusively buy from Seller all of the goods identified in the contract that Buyer requires in its business. “
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CONTRACT AND ACCEPTANCE. Customer has read and understands these Terms and Conditions, and Customer acknowledges and agrees that any services purchased by Customer from SEPAC are subject to these Terms and Conditions in all respects.
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CONTRACT AND ACCEPTANCE. The terms and conditions of sale set forth herein, and all drawings, specifications, descriptions and other documents attached hereto and incorporated herein by reference including, without limitation, Seller’s proposal and the Scope of Supply and Exclusions and Project Requirements (all such documents collectively, the “Agreement”), constitute the entire agreement between Nederman Corporation (“Seller”) and the individual or entity identified on Buyer’s purchaser order, or, if different, on Seller’s quote (“Buyer”). SELLER’S ACCEPTANCE OF BUYER’S ORDER IS EXPRESSLY CONDITIONED UPON BUYER’S ASSENT TO THE TERMS OF THE
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CONTRACT AND ACCEPTANCE. Cardinal hereby employs, engages, and hires Maviation to provide expertise to direct, monitor and oversee Cardinal's initial Part 121 Certification process and Maviation hereby accepts and agrees to such hiring and engagement.
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CONTRACT AND ACCEPTANCE. The term “Contract” means these Standard Terms and Conditions for Goods (“T&Cs”) together with all documents specifically referenced herein and any written purchase order (“Purchase Order”), contract or agreement which attaches, incorporates or otherwise references these T&Cs. The Contract constitutes the sole and exclusive terms on which Company agrees to be bound. The term “Company” means Howmet Aerospace Inc. or any of its affiliates or subsidiaries which issue a Purchase Order in connection with this Contract. The term “Supplier” means any individual, contractor, corporation or other legal entity that provides Goods (as defined herein) or performs work or Services (as defined herein) for the benefit of Company as specified in the Contract. “Goods” means the goods, materials and related services supplied by Supplier and purchased by Company as specified in the Contract. “Services” means the services rendered by Supplier and purchased by Company as specified in the Contract. This offer expressly limits acceptance to the terms of the offer, and Company hereby provides notification of objection to any different or additional terms contained in any response to this offer that does not exactly match the terms of this offer. In addition to the other terms of this offer, this offer expressly includes all implied warranties (including, but not limited to, those set forth in 6 Del. C. §§ 2-312, 2-314 and 2-315) and all of the buyer’s remedies (including, but not limited to, those set forth in 6 Del. C. §§ 2-711 through 2-717) set forth in the Uniform Commercial Code or that are otherwise applicable. If this Contract is construed as an acceptance, this acceptance is expressly conditioned on Supplier’s assent to any different or additional terms, express or implied in this Contract. In exchange for the Supplier’s compensation set forth in this Contract, Supplier agrees to supply the Goods and to perform the Services set forth herein. This Contract will become legally enforceable on the earlier of delivery of a signed acknowledgment, commencement of performance or shipment of all or any portion of the Goods covered under this Contract by Supplier. Except as otherwise expressly set forth in this Contract, Company will have no obligation to purchase any specific quantity of Goods or Services from Supplier and Company will be entitled, in its sole discretion, to purchase the same or similar Goods or Services from other suppliers.
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CONTRACT AND ACCEPTANCE. These terms and conditions of sale (the “Agreement”) and any and all drawings, specifications, and other documents attached hereto and made a part hereof constitute the entire agreement between Customer and Seller. The term “Seller” as used herein shall mean RelaDyne Reliability Services Inc., the manufacturer and/or supplier of the products being sold to Customer hereunder. These terms and conditions, together with Seller’s offer, written order confirmation or proposal (if any) shall prevail over any conflicting or different terms contained in any Customer issued document, including any purchase order, no matter when issued, unless Customer notifies Seller, in writing, of its objections thereto within fifteen (15) days of receiving Seller’s acknowledgement and acceptance of Customer’s purchase order, whereupon the Seller’s acceptance shall be void. Seller’s failure to object to conflicting provisions contained in Customer’s purchase order, or, in any other document issued by Customer, shall not be construed as a waiver of the provisions hereof, or, as an acceptance by Seller of such conflicting provisions. SELLER’S ACCEPTANCE OF CUSTOMER’S PURCHASE ORDER IS EXPRESSLY CONDITIONED ON CUSTOMER’S ASSENT TO THESE TERMS AND CONDITIONS OF SALE.
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CONTRACT AND ACCEPTANCE. Seller has read and understands these Terms and Conditions (the "Terms and Conditions" and together with the applicable purchase order and/or schedule agreement, the "Contract") and Seller acknowledges and agrees that (a) any goods or services purchased by Xxxxxxx Transmission, Inc. ("Buyer") are subject to these Terms and Conditions in all respects and (b) Seller's written acceptance or the commencement of any work or services shall constitute Seller's acceptance of these Terms and Conditions.
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CONTRACT AND ACCEPTANCE. Company hereby contracts Independent Contractor to perform the Services and Independent Contractor hereby accepts such contract and agrees to perform the Services beginning on the Effective Date upon the terms and subject to the conditions of this Agreement, which Services shall, in part, consist of providing general support and consulting services to the Company in the area of commercial loan development, including, but not limited to, the following: (a) Assisting the Company with the development of new commercial loan products and services; (b) Providing expertise to Company in the structuring and securing of commercial loans; (c) Providing support to Company loan officers in the development of and closing of commercial loans, including, but not limited to, assisting the Company with establishing new customer relationships and assisting the Company with maintaining and growing current customer relationships; (d) Participating in meetings, phone calls and videoconferences with Company management and loan officers in connection with commercial loan development as reasonably requested by Company; and (e) Performance of other duties for Company in connection with commercial loan development as reasonably requested by Company. Services will also include any other tasks which the Parties may agree that Independent Contractor shall perform and Independent Contractor hereby agrees to perform such services to Company. Notwithstanding any other provision in this Agreement, Independent Contractor acknowledges and agrees that he shall not perform the Services for more than Eight (8) hours in any calendar week during the term of the Agreement without the prior approval by the Company in writing. Independent Contractor shall hold the title of Executive Vice President during the term of this Agreement.
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CONTRACT AND ACCEPTANCE. 1.1 This Purchase Order Confirmation and Terms (“Agreement”) sets forth the terms and conditions of sale between Eden Labs LLC ("Seller'') and Buyer (each a “Party” and collectively, the “Parties”). This Agreement shall apply to the sale and provision of any equipment, materials, items, products, components, parts, systems, drawings, specifications and any related services (the "Goods") offered for sale or provided by Seller to Buyer, including all requests made by Buyer for quotations or offers to purchase and to any offers made by Seller and are an integral part of any order accepted by Seller (“Order”). All Orders received by Seller, Seller's sales representatives or distributors are subject to acceptance by Seller's corporate office in Seattle Washington. SELLER'S ACCEPTANCE OF ANY ORDER IS EXPRESSLY CONDITIONED ON BUYER'S ACKNOWLEDGMENT OF, AND AGREEMENT WITH, THIS AGREEMENT. This Agreement shall prevail over any conflicting terms in Buyer's Purchase Order. No terms and conditions contained in any orders, prior offers or any other document issued by the Buyer shall be binding on Seller, even if they have not been expressly rejected. The failure of either Party at any time, to enforce any provision in this Agreement shall not be construed to be a waiver of the right of such Party to enforce any terms and conditions in this Agreement.
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Related to CONTRACT AND ACCEPTANCE

  • Assignment and Acceptance The parties to each assignment shall execute and deliver to the Administrative Agent an Assignment and Acceptance, together with a processing and recordation fee of $3,500, and the assignee, if it is not a Lender, shall deliver to the Administrative Agent an Administrative Questionnaire.

  • ACKNOWLEDGEMENT AND ACCEPTANCE (a) In accepting the RSUs, the Participant acknowledges and agrees: (i) that the Plan is discretionary in nature and may be amended, cancelled, suspended or terminated by the Company at any time; (ii) that the grant of the RSUs does not create any contractual or other right to receive future grants of RSUs or any right to continue an employment or other relationship with the Company (for the vesting period or otherwise); (iii) that the Participant remains subject to discharge from such relationship to the same extent as if the RSUs had not been granted; (iv) that all determinations with respect to any such future grants, including, but not limited to, when and on what terms they shall be made, will be at the sole discretion of the Committee; (v) that participation in the Plan is voluntary; (vi) that the value of the RSUs is an extraordinary item of compensation that is outside the scope of the Participant’s employment contract if any; and (vii) that the grant of RSUs is not part of normal or expected compensation for purposes of calculating any severance, resignation, redundancy, end of service payments, bonuses, long-service awards, pension or retirement benefits or similar benefits. (b) If the Participant does not want to accept the RSUs on the terms and conditions set out in this Agreement, the Plan and/or any related documents, the Participant may choose the “Decline” button. The RSUs will then be cancelled and no other benefit will be due to the Participant in lieu thereof. If Participant does not “Decline” the RSUs within thirty (30) days from the Grant Date, the Participant shall be deemed to have accepted the RSUs and shall be deemed to have agreed to the terms and conditions set out in this Agreement, the Plan and/or any related documents. (c) The grant of the RSUs is not intended to be a public offering of securities in the Participant’s country of residence (and country of employment, if different). The Company has not submitted any registration statement, prospectus or other filings with the local securities authorities (unless otherwise required under local law), and the grant of the RSUs is not subject to the supervision of the local securities authorities. No employee of the Company or any of the Company’s subsidiaries is permitted to advise the Participant on whether the Participant should acquire Shares as a result of settlement of the RSUs under the Plan. Investment in Shares involves a degree of risk. Before deciding to acquire Shares as a result of settlement of the RSUs, the Participant should carefully consider all risk factors relevant to the acquisition of Shares under the Plan and the Participant should carefully review all of the materials related to the RSUs and the Plan. In addition, the Participant should consult with the Participant’s personal advisor for professional investment advice. (d) The Participant acknowledges and agrees that it is the Participant’s express intent that this Agreement, the Addendum (if applicable) and the Plan and all other documents, notices and legal proceedings entered into, given or instituted pursuant to the award, be drawn up in English. If the Participant has received this Agreement, the Addendum and the Plan or any other documents related to the award translated into a language other than English, and if the meaning of the translated version is different than the English version, the English version shall control. (e) As a condition to the grant of the RSUs, the Participant agrees to repatriate all payments attributable to the Shares and/or cash acquired under the Plan in accordance with local foreign exchange rules and regulations in the Participant’s country of residence (and country of employment, if different). In addition, the Participant also agrees to take any and all actions, and consents to any and all actions taken by the Company and its affiliates and subsidiaries and/or the Employer, as may be required to allow the Company and its affiliates and subsidiaries or the Employer to comply with local laws, rules and regulations in the Participant’s country of residence (and country of employment, if different). Finally, the Participant agrees to take any and all actions as may be required to comply with the Participant’s personal obligations under local laws, rules and regulations in the Participant’s country of residence (and country of employment, if different).

  • INSPECTION AND ACCEPTANCE Cisco may reject any or all of the Work which does not conform to the applicable requirements within 10 business days of Supplier’s delivery of the Work. At Cisco’s option, Cisco may (i) return the non- conforming Work to Supplier for a refund or credit; (ii) requires Supplier to replace the non-conforming Work; or (iii) repair the non-conforming Work so that it meets the requirements. As an alternative to (i) through (iii), Cisco may accept the non-conforming Work conditioned on Supplier providing a refund or credit in an amount Cisco reasonably determines to represent the diminished value of the non-conforming Work. Cisco’s payment to Supplier for Work prior to Xxxxx’s timely rejection of such Work as non- conforming will not be deemed as acceptance by Xxxxx.

  • Testing and Acceptance Within […***…] after RFM’s delivery of the IC Design File to ST, ST shall manufacture and deliver a commercially reasonable quantity of evaluation Product to RFM for evaluation testing. Upon RFM’s receipt of such Products from ST, RFM shall test such Products with the applicable Evaluation Software and in the applicable Evaluation Circuit Design to determine if the IC Design for such Products conforms to the applicable Specifications. Upon completion of such testing, RFM shall provide ST with the data from such testing (“Evaluation Data”). Upon ST’s receipt of the Evaluation Data, ST shall evaluate whether the Evaluation Data indicates that the IC Design conforms to the Specifications in all material respects. ST shall accept or reject the IC Design based on the Evaluation Data and shall give RFM written notice thereof within seven (7) calendar days after RFM’s delivery of the Evaluation Data to ST. An IC Design will be deemed accepted by ST if RFM has not received notification of rejection of such IC Design from ST within seven (7) calendar days after RFM’s delivery of the applicable Evaluation Data to ST. ST’s refusal to accept the IC Design must be reasonable, must be in writing and must be accompanied by a reasonably detailed description of the manner in which the IC Design fails to comply with the Specifications in all material respects (collectively, the “Deficiencies”) so that RFM can have the opportunity to correct the Deficiencies. If ST properly rejects the IC Design, RFM shall use commercially reasonable efforts to correct any Deficiencies and redeliver a corrected IC Design File within […***…] after RFM’s receipt of the rejection notice and the foregoing provisions set forth in this Section 3.3 shall be reapplied until the IC Design is accepted; provided, however, that upon the […***…] or any subsequent rejection, either party may terminate this Agreement upon thirty (30) calendar days prior written notice to the other party, unless the IC Design is accepted during such notice period.

  • Appointment and Acceptance The Trust hereby appoints JNLD as distributor of the Shares of the Funds set forth on Schedule A on the terms and for the period set forth in this Agreement, and JNLD hereby accepts such appointment and agrees to render the services and undertake the duties set forth herein.

  • Delivery and Acceptance All Software provided hereunder will be delivered electronically. We provide trial licenses of the Software for testing and pre-acceptance before purchase and therefore, delivery is deemed complete and accepted when such Software is made available to you. You are responsible for downloading, installing, registering, or otherwise using the Software.

  • Employment and Acceptance During the Term (as defined in Section 1.2), the Company shall employ the Executive, and the Executive shall accept such employment and serve the Company, in each case, subject to the terms and conditions of this Agreement.

  • Deemed Acceptance You are required to accept the terms and conditions set forth in this Agreement prior to the first vest date in order for you to receive the Award granted to you hereunder. If you wish to decline this Award, you must reject this Agreement prior to the first vest date. For your benefit, if you have not rejected the Agreement prior to the first vest date, you will be deemed to have automatically accepted this Award and all the terms and conditions set forth in this Agreement. Deemed acceptance will allow the shares to be released to you in a timely manner and once released, you waive any right to assert that you have not accepted the terms hereof.

  • Card Acceptance When accepting a Card, Xxxxxxxx will follow the steps provided by Servicer for accepting Cards and will: (a) determine in good faith and to the best of its ability that the Card is valid on its face; (b) obtain Authorization from the Card Issuer to charge the Cardholder's account; (c) unless the Sales Draft is electronically generated or is the result of a mail, internet, phone or preauthorized order, (i) obtain an Imprint of the Card including embossed data from the merchant imprinter plate; and (ii) obtain the Cardholder's signature on the Sales Draft and compare that signature to the signature on the Card; (d) enter a description of the goods or services sold and the price thereof (including any applicable taxes); (e) deliver a true and completed copy of the Sales Draft to the Cardholder at the time the goods are delivered or services performed, or, if the Sales Draft is prepared by a point-of-sale terminal, at the time of the sale; (f) offer the Sales Draft to Servicer for purchase according to Servicer's procedures and the terms of this Agreement; and (g) make a Card Imprint, if the Transaction is not based upon a mail, internet, phone or pre-authorized order.

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