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. “
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.
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
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.
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.
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.
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:
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.
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.
