Common use of Contract Formation Clause in Contracts

Contract Formation. 2.1 The Client shall submit a request to Digital Origin for each Service required by the Client via the Order Form. The Order Form constitutes the Client's offer to Digital Origin to purchase the relevant Equipment, Leased Equipment and/or Services (as the case may be) on and subject to the terms of the Order Form, these Conditions, and any other Service Specific Conditions referred to as being applicable. 2.2 If Digital Origin is prepared to provide those Services to the Client under this Agreement and such offer is accepted by an authorised representative of Digital Origin signing the Order Form, a Contract shall come into effect and the Client shall not be permitted to cancel the Order Form. In such circumstances, Digital Origin shall become the exclusive provider of those Services to the Client for the Minimum Term and the Client shall purchase those Services only from Digital Origin. The details recorded on the Order Form, together with these Conditions and any other Service Specific Conditions referred to as being applicable to the relevant Contract, shall be the exclusive terms and conditions of the Contract between the parties (to the fullest extent permitted by law) and any such Contract shall be conditional upon the credit status of the Client being to the satisfaction of Digital Origin (in its sole and absolute discretion) and, in respect of a Contract which provides for the supply of: 2.2.1 each individual Service is subject to its own Minimum Term and notice period but, in the absence of a specified notice period for a Service, the default notice period shall be twelve (12) months, such notice not to expire until the end of the Minimum Term or the relevent Subsequent Term. Failure to provide such notice before the end of the Minimum Term or any Subsquent Term shall result in the individual Service automatically renewing for a Subsequent Term or a further Subsequent Term (as the case may be) following expiry of the Minimum Term or the then current Subsequent Term (as the case may be); and/or 2.2.2 Equipment and/or Leased Equipment and/or Installation Services, (without limitation) is subject to the condition in condition 5.1.1 being met; and/or 2.2.3 Network Services, (without limitation) is subject to the conditions in condition 6.2.1 being met; and/or 2.2.4 Managed Services Support Services, (without limitation) is subject to the condition in condition 7.1.1 being met. 2.3 All quotations, estimates and tenders are given and contracts are made by Digital Origin subject to and only upon these Conditions which cannot be varied unless agreed in writing by Digital Origin and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Client referred to on any website or which the Client may purport to apply under any purchase order or acknowledgement of delivery or similar document; and/or established between Digital Origin and the Client by course of dealing. 2.4 Any quotations, estimates or tenders are given by Digital Origin on the basis that no Contract shall come into existence except in accordance with condition 2.1. Any quotation is valid for a period of 30 days from its date, provided that Digital Origin has not previously withdrawn it and provided that the Carrier does not change its terms and conditions or any other offer available to Digital Origin. 2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 Any illustrations, samples or descriptive material provided by Digital Origin shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of Digital Origin and must not be copied or loaned or transferred. The Client acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material. 2.7 No variation of the terms of the Contract however notified will be accepted by Digital Origin unless authorised by notice in writing by a director of Digital Origin. 2.8 Each order for Equipment and/or Leased Equipment and/or Services (except in the case of Installation Services which will form part of the contract for the supply of Equipment and/or Leased Equipment) shall (for the purposes of this condition 2.8) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same Order Form) to the effect that any delay or failure to supply Equipment and/or Leased Equipment and/or Services shall not entitle the Client (to the extent that any such entitlement exists) to terminate the Contract for other Equipment and/or Leased Equipment and/or Services or any other contract entered into under these Conditions. 2.9 Any undertaking by the Client not to do any act or thing shall be deemed to include an undertaking that the Client shall procure that any User to include (without limitation) any employee, agent or contractor, shall not do such act or thing. 2.10 The Client warrants and undertakes to Digital Origin that it is entering into the Contract for the purposes of its trade, business and/or profession.

Appears in 4 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

AutoNDA by SimpleDocs

Contract Formation. 2.1 The Client shall submit a request to Digital Origin Pericom for each Service required by the Client via the Order Form. The Order Form constitutes the Client's offer to Digital Origin Pericom to purchase the relevant Equipment, Leased Equipment and/or Services (as the case may be) on and subject to the terms of the Order Form, these Conditions, and any other Service Specific Conditions referred to as being applicable. 2.2 If Digital Origin Pericom is prepared to provide those Services to the Client under this Agreement and such offer is accepted by an authorised representative of Digital Origin Pericom signing the Order Form, a Contract shall come into effect and the Client shall not be permitted to cancel the Order Form. In such circumstances, Digital Origin Pericom shall become the exclusive provider of those Services to the Client for the Minimum Term and the Client shall purchase those Services only from Digital OriginPericom. The details recorded on the Order Form, together with these Conditions and any other Service Specific Conditions referred to as being applicable to the relevant Contract, shall be the exclusive terms and conditions of the Contract between the parties (to the fullest extent permitted by law) and any such Contract shall be conditional upon the credit status of the Client being to the satisfaction of Digital Origin Pericom (in its sole and absolute discretion) and, in respect of a Contract which provides for the supply of: 2.2.1 each individual Service is subject to its own Minimum Term and notice period but, in the absence of a specified notice period for a Service, the default notice period shall be twelve (12) months, such notice not to expire until the end of the Minimum Term or the relevent Subsequent Term. Failure to provide such notice before the end of the Minimum Term or any Subsquent Term shall result in the individual Service automatically renewing for a Subsequent Term or a further Subsequent Term (as the case may be) following expiry of the Minimum Term or the then current Subsequent Term (as the case may be); and/or 2.2.2 Equipment and/or Leased Equipment and/or Installation Services, (without limitation) is subject to the condition in condition 5.1.1 being met; and/or 2.2.3 Network Services, (without limitation) is subject to the conditions in condition 6.2.1 being met; and/or 2.2.4 Managed Services Support Services, (without limitation) is subject to the condition in condition 7.1.1 being met. 2.3 All quotations, estimates and tenders are given and contracts are made by Digital Origin Pericom subject to and only upon these Conditions which cannot be varied unless agreed in writing by Digital Origin Pericom and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Client referred to on any website or which the Client may purport to apply under any purchase order or acknowledgement of delivery or similar document; and/or established between Digital Origin Pericom and the Client by course of dealing. 2.4 Any quotations, estimates or tenders are given by Digital Origin Pericom on the basis that no Contract shall come into existence except in accordance with condition 2.1. Any quotation is valid for a period of 30 days from its date, provided that Digital Origin Pericom has not previously withdrawn it and provided that the Carrier does not change its terms and conditions or any other offer available to Digital OriginPericom. 2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 Any illustrations, samples or descriptive material provided by Digital Origin Pericom shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of Digital Origin Pericom and must not be copied or loaned or transferred. The Client acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material. 2.7 No variation of the terms of the Contract however notified will be accepted by Digital Origin Pericom unless authorised by notice in writing by a director of Digital OriginPericom. 2.8 Each order for Equipment and/or Leased Equipment and/or Services (except in the case of Installation Services which will form part of the contract for the supply of Equipment and/or Leased Equipment) shall (for the purposes of this condition 2.8) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same Order Form) to the effect that any delay or failure to supply Equipment and/or Leased Equipment and/or Services shall not entitle the Client (to the extent that any such entitlement exists) to terminate the Contract for other Equipment and/or Leased Equipment and/or Services or any other contract entered into under these Conditions. 2.9 Any undertaking by the Client not to do any act or thing shall be deemed to include an undertaking that the Client shall procure that any User to include (without limitation) any employee, agent or contractor, shall not do such act or thing. 2.10 The Client warrants and undertakes to Digital Origin Pericom that it is entering into the Contract for the purposes of its trade, business and/or profession.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

Contract Formation. 2.1 The Client shall submit a request to Digital Origin Beyond Networks for each Service required by the Client via the Order Form. The Order Form constitutes the Client's offer to Digital Origin Beyond Networks to purchase the relevant Equipment, Leased Equipment and/or Services (as the case may be) on and subject to the terms of the Order Form, these Conditions, and any other Service Specific Conditions referred to as being applicable. 2.2 If Digital Origin Beyond Networks is prepared to provide those Services to the Client under this Agreement and such offer is accepted by an authorised representative of Digital Origin Beyond Networks signing the Order FormForm (or should Beyond Networks commence supply to the Client after having made an offer to do so to the Client which the Client has accepted without objection expressly or by conduct), a Contract shall come into effect and the Client shall not be permitted to cancel the Order Form (the Order Form, in the case of Beyond Networks commencing supply to the Client after having made an offer to do so to the Client which the Client has accepted without objection expressly or by conduct, being the terms of Beyond Networks’s offer and it being open to Beyond Networks to not rely on the terms of conditions 2.1 to 2.4 or otherwise in such circumstances in respect of the formation of a contract between the parties). In such circumstances, Digital Origin Beyond Networks shall become the exclusive provider of those Services to the Client for the Minimum Term and any Subsequent Term and the Client shall purchase those Services only from Digital OriginBeyond Networks. The details recorded on the Order Form, together with these Conditions and any other Service Specific Conditions referred to as being applicable to the relevant Contract, shall be the exclusive terms and conditions of the Contract between the parties (to the fullest extent permitted by law) and any such Contract shall be conditional upon the credit status of the Client being to the satisfaction of Digital Origin Beyond Networks (in its sole and absolute discretion) and, in respect of a Contract which provides for the supply of: 2.2.1 each individual Service is subject to its own Minimum Term and notice period but, in the absence of a specified notice period for a Service, the default notice period shall be twelve (12) months, such notice not to expire until the end of the Minimum Term or the relevent Subsequent Term. Failure to provide such notice before the end of the Minimum Term or any Subsquent Term shall result in the individual Service automatically renewing for a Subsequent Term or a further Subsequent Term (as the case may be) following expiry of the Minimum Term or the then current Subsequent Term (as the case may be); and/or 2.2.2 Equipment and/or Leased Equipment and/or Installation Services, (without limitation) is subject to the condition in condition 5.1.1 being met; and/or 2.2.3 Network Services, (without limitation) is subject to the conditions in condition 6.2.1 being met; and/or 2.2.4 Managed Services Support Services, (without limitation) is subject to the condition in condition 7.1.1 being met. 2.3 All quotations, estimates and tenders are given and contracts are made by Digital Origin Beyond Networks subject to and only upon these Conditions which cannot be varied unless agreed in writing by Digital Origin Beyond Networks and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Client referred to on any website or which the Client may purport to apply under any purchase order or acknowledgement of delivery or similar document; and/or established between Digital Origin Beyond Networks and the Client by course of dealing. 2.4 Any quotations, estimates or tenders are given by Digital Origin Beyond Networks on the basis that no Contract shall come into existence except in accordance with condition 2.1. Any quotation is valid for a period of 30 days from its date, provided that Digital Origin Beyond Networks has not previously withdrawn it and provided that the Carrier does not change its terms and conditions or any other offer available to Digital OriginBeyond Networks. 2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 Any illustrations, samples or descriptive material provided by Digital Origin Beyond Networks shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of Digital Origin Beyond Networks and must not be copied or loaned or transferred. The Client acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material. 2.7 No variation of the terms of the Contract however notified will be accepted by Digital Origin Beyond Networks unless authorised by notice in writing by a director of Digital OriginBeyond Networks. 2.8 Each order for Equipment and/or Leased Equipment and/or Services (except in the case of Installation Services which will form part of the contract for the supply of Equipment and/or Leased Equipment) shall (for the purposes of this condition 2.8) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same Order Form) to the effect that any delay or failure to supply Equipment and/or Leased Equipment and/or Services shall not entitle the Client (to the extent that any such entitlement exists) to terminate the Contract for other Equipment and/or Leased Equipment and/or Services or any other contract entered into under these Conditions. 2.9 Any undertaking by the Client not to do any act or thing shall be deemed to include an undertaking that the Client shall procure that any User to include (without limitation) any employee, agent or contractor, shall not do such act or thing. 2.10 The Client warrants and undertakes to Digital Origin Beyond Networks that it is entering into the Contract for the purposes of its trade, business and/or profession.

Appears in 3 contracts

Samples: Master Services Agreement, Master Services Agreement, Master Services Agreement

Contract Formation. 2.1 The Client shall submit a request to Digital Origin Guru Technology for each Service required by the Client via the Order Form. The Order Form constitutes the Client's ’s offer to Digital Origin Guru Technology to purchase the relevant Equipment, Leased Equipment and/or Services (as the case may be) on and subject to the terms of the Order Form, these Conditions, and any other Service Specific Conditions referred to as being applicable. 2.2 If Digital Origin Guru Technology is prepared to provide those Services to the Client under this Agreement and and such offer is accepted by an authorised representative of Digital Origin Guru Technology signing the Order Form, a Contract shall come into effect and the Client shall not be permitted to cancel the Order Form. In such circumstances, Digital Origin shall become the exclusive provider of those Services to the Client for the Minimum Term and the Client shall purchase those Services only from Digital Origin. The details recorded on the Order Form, together with these Conditions and any other Service Specific Conditions referred to as being applicable to the relevant Contract, shall be the exclusive terms and conditions of the Contract between the parties (to the fullest extent permitted by law) and any such Contract shall be conditional upon the credit status of the Client being to the satisfaction of Digital Origin (in its sole and absolute discretion) and, in respect of a Contract which provides for the supply of:be 2.2.1 each 2.2.1.1 Each individual Service is subject to its own Minimum Term and notice period but, in the absence of a specified notice period for a Service, the default notice period shall be twelve (12) months, such notice not to expire until the end of the Minimum Term or the relevent Subsequent Term. Failure to provide such notice before the end of the Minimum Term or any Subsquent Term shall result in the individual Service automatically renewing for a Subsequent Term or a further Subsequent Term (as the case may be) following expiry of the Minimum Term or the then current Subsequent Term (as the case may be); and/orTerm. 2.2.2 2.2.1.2 Equipment and/or Leased Equipment and/or Installation Services, (without limitation) is subject to the condition in condition 5.1.1 being met; and/or 2.2.3 2.2.1.3 Network Services, (without limitation) is subject to the conditions in condition 6.2.1 being met; and/or 2.2.4 Managed Services Support 2.2.1.4 Maintenance Services, (without limitation) is subject to the condition in condition 7.1.1 being met. 2.3 All quotations, estimates and tenders are given and contracts are made by Digital Origin Guru Technology subject to and only upon these Conditions which cannot be varied unless agreed in writing by Digital Origin Guru Technology and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Client referred to on any website or which the Client may purport to apply under any purchase order or acknowledgement of delivery or similar document; and/or established between Digital Origin Guru Technology and the Client by course of dealing. 2.4 Any quotations, estimates or tenders are given by Digital Origin Guru Technology on the basis that no Contract shall come into existence except in accordance with condition 2.1. Any quotation is valid for a period of 30 days from its date, provided that Digital Origin Guru Technology has not previously withdrawn it and provided that the Carrier does not change its terms and conditions or any other offer available to Digital OriginGuru Technology. 2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 Any illustrations, samples or descriptive material provided by Digital Origin Guru Technology, including drawings, specifications of weight, capacity or dimensions and particulars of shade shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of Digital Origin Guru Technology and must not be copied or loaned or transferred. The Client acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material. 2.7 No variation of the terms of the Contract however notified will be accepted by Digital Origin Guru Technology unless authorised by notice in writing by a director of Digital OriginGuru Technology. 2.8 Each order for Equipment and/or Leased Equipment and/or Services (except in the case of Installation Services which will form part of the contract for the supply of Equipment and/or Leased Equipment) shall (for the purposes of this condition 2.82.7) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same Order Form) to the effect that any delay or failure to supply Equipment and/or Leased Equipment and/or Services shall not entitle the Client (to the extent that any such entitlement exists) to terminate the Contract for other Equipment and/or Leased Equipment and/or Services or any other contract entered into under these Conditions. 2.9 Any undertaking by the Client not to do any act or thing shall be deemed to include an undertaking that the Client shall procure that any User user of the Services or Equipment and/or Leased Equipment to include (without limitation) any employee, agent or contractor, shall not do such act or thing. 2.10 The Client warrants and undertakes to Digital Origin Guru Technology that it is entering into the Contract for the purposes of its trade, business and/or profession.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

Contract Formation. 2.1 The Client shall submit a request to Digital Origin Guru Technology for each Service required by the Client via the Order Form. The Order Form constitutes the Client's offer to Digital Origin Guru Technology to purchase the relevant Equipment, Leased Equipment and/or Services (as the case may be) on and subject to the terms of the Order Form, these Conditions, and any other Service Specific Conditions referred to as being applicable. 2.2 If Digital Origin Guru Technology is prepared to provide those Services to the Client under this Agreement and and such offer is accepted by an authorised representative of Digital Origin Guru Technology signing the Order Form, a Contract shall come into effect and the Client shall not be permitted to cancel the Order Form. In such circumstances, Digital Origin shall become the exclusive provider of those Services to the Client for the Minimum Term and the Client shall purchase those Services only from Digital Origin. The details recorded on the Order Form, together with these Conditions and any other Service Specific Conditions referred to as being applicable to the relevant Contract, shall be the exclusive terms and conditions of the Contract between the parties (to the fullest extent permitted by law) and any such Contract shall be conditional upon the credit status of the Client being to the satisfaction of Digital Origin (in its sole and absolute discretion) and, in respect of a Contract which provides for the supply of:be 2.2.1 each 2.2.1.1 Each individual Service is subject to its own Minimum Term and notice period but, in the absence of a specified notice period for a Service, the default notice period shall be twelve (12) months, such notice not to expire until the end of the Minimum Term or the relevent Subsequent Term. Failure to provide such notice before the end of the Minimum Term or any Subsquent Term shall result in the individual Service automatically renewing for a Subsequent Term or a further Subsequent Term (as the case may be) following expiry of the Minimum Term or the then current Subsequent Term (as the case may be); and/orTerm. 2.2.2 2.2.1.2 Equipment and/or Leased Equipment and/or Installation Services, (without limitation) is subject to the condition in condition 5.1.1 being met; and/or 2.2.3 2.2.1.3 Network Services, (without limitation) is subject to the conditions in condition 6.2.1 being met; and/or 2.2.4 Managed Services Support 2.2.1.4 Maintenance Services, (without limitation) is subject to the condition in condition 7.1.1 being met. 2.3 All quotations, estimates and tenders are given and contracts are made by Digital Origin Guru Technology subject to and only upon these Conditions which cannot be varied unless agreed in writing by Digital Origin Guru Technology and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Client referred to on any website or which the Client may purport to apply under any purchase order or acknowledgement of delivery or similar document; and/or established between Digital Origin Guru Technology and the Client by course of dealing. 2.4 Any quotations, estimates or tenders are given by Digital Origin Guru Technology on the basis that no Contract shall come into existence except in accordance with condition 2.1. Any quotation is valid for a period of 30 days from its date, provided that Digital Origin Guru Technology has not previously withdrawn it and provided that the Carrier does not change its terms and conditions or any other offer available to Digital OriginGuru Technology. 2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 Any illustrations, samples or descriptive material provided by Digital Origin Guru Technology, including drawings, specifications of weight, capacity or dimensions and particulars of shade shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of Digital Origin Guru Technology and must not be copied or loaned or transferred. The Client acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material. 2.7 No variation of the terms of the Contract however notified will be accepted by Digital Origin Guru Technology unless authorised by notice in writing by a director of Digital OriginGuru Technology. 2.8 Each order for Equipment and/or Leased Equipment and/or Services (except in the case of Installation Services which will form part of the contract for the supply of Equipment and/or Leased Equipment) shall (for the purposes of this condition 2.82.7) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same Order Form) to the effect that any delay or failure to supply Equipment and/or Leased Equipment and/or Services shall not entitle the Client (to the extent that any such entitlement exists) to terminate the Contract for other Equipment and/or Leased Equipment and/or Services or any other contract entered into under these Conditions. 2.9 Any undertaking by the Client not to do any act or thing shall be deemed to include an undertaking that the Client shall procure that any User user of the Services or Equipment and/or Leased Equipment to include (without limitation) any employee, agent or contractor, shall not do such act or thing. 2.10 The Client warrants and undertakes to Digital Origin Guru Technology that it is entering into the Contract for the purposes of its trade, business and/or profession.

Appears in 2 contracts

Samples: Master Services Agreement, Master Services Agreement

Contract Formation. 2.1 The Client shall submit a request to Digital Origin for each Service required by the Client via the Order Form. The Order Form constitutes the Client's offer to Digital Origin to purchase the relevant Equipment, Leased Equipment and/or Services (as the case may be) on and subject to the terms of the Order Form, these Conditions, and any other Service Specific Conditions referred to as being applicable. 2.2 If Digital Origin is prepared to provide those Services to the Client under this Agreement and such offer is accepted by an authorised representative of Digital Origin signing the Order FormForm (or should Digital Origin commence supply to the Client after having made an offer to do so to the Client which the Client has accepted without objection expressly or by conduct), a Contract shall come into effect and the Client shall not be permitted to cancel the Order Form (the Order Form, in the case of Digital Origin commencing supply to the Client after having made an offer to do so to the Client which the Client has accepted without objection expressly or by conduct, being the terms of Digital Origin’s offer and it being open to Digital Origin to not rely on the terms of conditions 2.1 to 2.4 or otherwise in such circumstances in respect of the formation of a contract between the parties). In such circumstances, Digital Origin shall become the exclusive provider of those Services to the Client for the Minimum Term and any Subsequent Term and the Client shall purchase those Services only from Digital Origin. The details recorded on the Order Form, together with these Conditions and any other Service Specific Conditions referred to as being applicable to the relevant Contract, shall be the exclusive terms and conditions of the Contract between the parties (to the fullest extent permitted by law) and any such Contract shall be conditional upon the credit status of the Client being to the satisfaction of Digital Origin (in its sole and absolute discretion) and, in respect of a Contract which provides for the supply of: 2.2.1 each individual Service is subject to its own Minimum Term and notice period but, in the absence of a specified notice period for a Service, the default notice period shall be twelve (12) months, such notice not to expire until the end of the Minimum Term or the relevent Subsequent Term. Failure to provide such notice before the end of the Minimum Term or any Subsquent Term shall result in the individual Service automatically renewing for a Subsequent Term or a further Subsequent Term (as the case may be) following expiry of the Minimum Term or the then current Subsequent Term (as the case may be); and/or 2.2.2 Equipment and/or Leased Equipment and/or Installation Services, (without limitation) is subject to the condition in condition 5.1.1 being met; and/or 2.2.3 Network Services, (without limitation) is subject to the conditions in condition 6.2.1 being met; and/or 2.2.4 Managed Services Support Services, (without limitation) is subject to the condition in condition 7.1.1 being met. 2.3 All quotations, estimates and tenders are given and contracts are made by Digital Origin subject to and only upon these Conditions which cannot be varied unless agreed in writing by Digital Origin and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Client referred to on any website or which the Client may purport to apply under any purchase order or acknowledgement of delivery or similar document; and/or established between Digital Origin and the Client by course of dealing. 2.4 Any quotations, estimates or tenders are given by Digital Origin on the basis that no Contract shall come into existence except in accordance with condition 2.1. Any quotation is valid for a period of 30 days from its date, provided that Digital Origin has not previously withdrawn it and provided that the Carrier does not change its terms and conditions or any other offer available to Digital Origin. 2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 Any illustrations, samples or descriptive material provided by Digital Origin shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of Digital Origin and must not be copied or loaned or transferred. The Client acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material. 2.7 No variation of the terms of the Contract however notified will be accepted by Digital Origin unless authorised by notice in writing by a director of Digital Origin. 2.8 Each order for Equipment and/or Leased Equipment and/or Services (except in the case of Installation Services which will form part of the contract for the supply of Equipment and/or Leased Equipment) shall (for the purposes of this condition 2.8) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same Order Form) to the effect that any delay or failure to supply Equipment and/or Leased Equipment and/or Services shall not entitle the Client (to the extent that any such entitlement exists) to terminate the Contract for other Equipment and/or Leased Equipment and/or Services or any other contract entered into under these Conditions. 2.9 Any undertaking by the Client not to do any act or thing shall be deemed to include an undertaking that the Client shall procure that any User to include (without limitation) any employee, agent or contractor, shall not do such act or thing. 2.10 The Client warrants and undertakes to Digital Origin that it is entering into the Contract for the purposes of its trade, business and/or profession.

Appears in 1 contract

Samples: Master Services Agreement

Contract Formation. 2.1 The Client shall submit a request to Digital Origin AiMTECH Business Services for each Service required by the Client via the Order Form. The Order Form constitutes the Client's offer to Digital Origin AiMTECH Business Services to purchase the relevant Equipment, Leased Equipment and/or Services (as the case may be) on and subject to the terms of the Order Form, these Conditions, and any other Service Specific Conditions referred to as being applicable. 2.2 If Digital Origin AiMTECH Business Services is prepared to provide those Services to the Client under this Agreement and such offer is accepted by an authorised representative of Digital Origin AiMTECH Business Services signing the Order Form, a Contract shall come into effect and the Client shall not be permitted to cancel the Order Form. In such circumstances, Digital Origin AiMTECH Business Services shall become the exclusive provider of those Services to the Client for the Minimum Term and the Client shall purchase those Services only from Digital OriginAiMTECH Business Services. The details recorded on the Order Form, together with these Conditions and any other Service Specific Conditions referred to as being applicable to the relevant Contract, shall be the exclusive terms and conditions of the Contract between the parties (to the fullest extent permitted by law) and any such Contract shall be conditional upon the credit status of the Client being to the satisfaction of Digital Origin AiMTECH Business Services (in its sole and absolute discretion) and, in respect of a Contract which provides for the supply of: 2.2.1 each individual Service is subject to its own Minimum Term and notice period but, in the absence of a specified notice period for a Service, the default notice period shall be twelve (12) months, such notice not to expire until the end of the Minimum Term or the relevent Subsequent Term. Failure to provide such notice before the end of the Minimum Term or any Subsquent Term shall result in the individual Service automatically renewing for a Subsequent Term or a further Subsequent Term (as the case may be) following expiry of the Minimum Term or the then current Subsequent Term (as the case may be); and/or 2.2.2 Equipment and/or Leased Equipment and/or Installation Services, (without limitation) is subject to the condition in condition 5.1.1 being met; and/or 2.2.3 Network Services, (without limitation) is subject to the conditions in condition 6.2.1 being met; and/or 2.2.4 Managed Services Support Services, (without limitation) is subject to the condition in condition 7.1.1 being met. 2.3 All quotations, estimates and tenders are given and contracts are made by Digital Origin AiMTECH Business Services subject to and only upon these Conditions which cannot be varied unless agreed in writing by Digital Origin AiMTECH Business Services and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Client referred to on any website or which the Client may purport to apply under any purchase order or acknowledgement of delivery or similar document; and/or established between Digital Origin AiMTECH Business Services and the Client by course of dealing. 2.4 Any quotations, estimates or tenders are given by Digital Origin AiMTECH Business Services on the basis that no Contract shall come into existence except in accordance with condition 2.1. Any quotation is valid for a period of 30 days from its date, provided that Digital Origin AiMTECH Business Services has not previously withdrawn it and provided that the Carrier does not change its terms and conditions or any other offer available to Digital OriginAiMTECH Business Services. 2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 Any illustrations, samples or descriptive material provided by Digital Origin AiMTECH Business Services shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of Digital Origin AiMTECH Business Services and must not be copied or loaned or transferred. The Client acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material. 2.7 No variation of the terms of the Contract however notified will be accepted by Digital Origin AiMTECH Business Services unless authorised by notice in writing by a director of Digital OriginAiMTECH Business Services. 2.8 Each order for Equipment and/or Leased Equipment and/or Services (except in the case of Installation Services which will form part of the contract for the supply of Equipment and/or Leased Equipment) shall (for the purposes of this condition 2.8) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same Order Form) to the effect that any delay or failure to supply Equipment and/or Leased Equipment and/or Services shall not entitle the Client (to the extent that any such entitlement exists) to terminate the Contract for other Equipment and/or Leased Equipment and/or Services or any other contract entered into under these Conditions. 2.9 Any undertaking by the Client not to do any act or thing shall be deemed to include an undertaking that the Client shall procure that any User to include (without limitation) any employee, agent or contractor, shall not do such act or thing. 2.10 The Client warrants and undertakes to Digital Origin AiMTECH Business Services that it is entering into the Contract for the purposes of its trade, business and/or profession.

Appears in 1 contract

Samples: Master Services Agreement

AutoNDA by SimpleDocs

Contract Formation. 2.1 The Client shall submit a request to Digital Origin for each Service required by the Client via the Order Form. The Order Form constitutes the Client's offer to Digital Origin to purchase the relevant Equipment, Leased Equipment and/or Services (as the case may be) on and subject to the terms of the Order Form, these Conditions, and any other Service Specific Conditions referred to as being applicable. 2.2 If Digital Origin is prepared to provide those Services to the Client under this Agreement and such offer is accepted by an authorised representative of Digital Origin signing the Order FormForm (or should Digital Origin commence supply to the Client after having made an offer to do so to the Client which the Client has accepted without objection expressly or by conduct), a Contract shall come into effect and the Client shall not be permitted to cancel the Order Form (the Order Form, in the case of Digital Origin commencing supply to the Client after having made an offer to do so to the Client which the Client has accepted without objection expressly or by conduct, being the terms of Digital Origin’s offer and it being open to Digital Origin to not rely on the terms of conditions 2.1 to 2.4 or otherwise in such circumstances in respect of the formation of a contract between the parties). In such circumstances, Digital Origin shall become the exclusive provider of those Services to the Client for the Minimum Term and the Client shall purchase those Services only from Digital Origin. The details recorded on the Order Form, together with these Conditions and any other Service Specific Conditions referred to as being applicable to the relevant Contract, shall be the exclusive terms and conditions of the Contract between the parties (to the fullest extent permitted by law) and any such Contract shall be conditional upon the credit status of the Client being to the satisfaction of Digital Origin (in its sole and absolute discretion) and, in respect of a Contract which provides for the supply of: 2.2.1 each individual Service is subject to its own Minimum Term and notice period but, in the absence of a specified notice period for a Service, the default notice period shall be twelve (12) months, such notice not to expire until the end of the Minimum Term or the relevent Subsequent Term. Failure to provide such notice before the end of the Minimum Term or any Subsquent Term shall result in the individual Service automatically renewing for a Subsequent Term or a further Subsequent Term (as the case may be) following expiry of the Minimum Term or the then current Subsequent Term (as the case may be); and/or 2.2.2 Equipment and/or Leased Equipment and/or Installation Services, (without limitation) is subject to the condition in condition 5.1.1 being met; and/or 2.2.3 Network Services, (without limitation) is subject to the conditions in condition 6.2.1 being met; and/or 2.2.4 Managed Services Support Services, (without limitation) is subject to the condition in condition 7.1.1 being met. 2.3 All quotations, estimates and tenders are given and contracts are made by Digital Origin subject to and only upon these Conditions which cannot be varied unless agreed in writing by Digital Origin and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Client referred to on any website or which the Client may purport to apply under any purchase order or acknowledgement of delivery or similar document; and/or established between Digital Origin and the Client by course of dealing. 2.4 Any quotations, estimates or tenders are given by Digital Origin on the basis that no Contract shall come into existence except in accordance with condition 2.1. Any quotation is valid for a period of 30 days from its date, provided that Digital Origin has not previously withdrawn it and provided that the Carrier does not change its terms and conditions or any other offer available to Digital Origin. 2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 Any illustrations, samples or descriptive material provided by Digital Origin shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of Digital Origin and must not be copied or loaned or transferred. The Client acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material. 2.7 No variation of the terms of the Contract however notified will be accepted by Digital Origin unless authorised by notice in writing by a director of Digital Origin. 2.8 Each order for Equipment and/or Leased Equipment and/or Services (except in the case of Installation Services which will form part of the contract for the supply of Equipment and/or Leased Equipment) shall (for the purposes of this condition 2.8) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same Order Form) to the effect that any delay or failure to supply Equipment and/or Leased Equipment and/or Services shall not entitle the Client (to the extent that any such entitlement exists) to terminate the Contract for other Equipment and/or Leased Equipment and/or Services or any other contract entered into under these Conditions. 2.9 Any undertaking by the Client not to do any act or thing shall be deemed to include an undertaking that the Client shall procure that any User to include (without limitation) any employee, agent or contractor, shall not do such act or thing. 2.10 The Client warrants and undertakes to Digital Origin that it is entering into the Contract for the purposes of its trade, business and/or profession.

Appears in 1 contract

Samples: Master Services Agreement

Contract Formation. 2.1 The Client shall submit a request to Digital Origin Ezee Business Solutions for each Service required by the Client via the Order Form. The Order Form constitutes the Client's offer to Digital Origin Ezee Business Solutions to purchase the relevant Equipment, Leased Equipment and/or Services (as the case may be) on and subject to the terms of the Order Form, these Conditions, and any other Service Specific Conditions referred to as being applicable. 2.2 If Digital Origin Ezee Business Solutions is prepared to provide those Services to the Client under this Agreement and such offer is accepted by an authorised representative of Digital Origin Ezee Business Solutions signing the Order Form, a Contract shall come into effect and the Client shall not be permitted to cancel the Order Form. In such circumstances, Digital Origin Ezee Business Solutions shall become the exclusive provider of those Services to the Client for the Minimum Term and the Client shall purchase those Services only from Digital OriginEzee Business Solutions. The details recorded on the Order Form, together with these Conditions and any other Service Specific Conditions referred to as being applicable to the relevant Contract, shall be the exclusive terms and conditions of the Contract between the parties (to the fullest extent permitted by law) and any such Contract shall be conditional upon the credit status of the Client being to the satisfaction of Digital Origin Ezee Business Solutions (in its sole and absolute discretion) and, in respect of a Contract which provides for the supply of: 2.2.1 each individual Service is subject to its own Minimum Term and notice period but, in the absence of a specified notice period for a Service, the default notice period shall be twelve (12) months, such notice not to expire until the end of the Minimum Term or the relevent Subsequent Term. Failure to provide such notice before the end of the Minimum Term or any Subsquent Term shall result in the individual Service automatically renewing for a Subsequent Term or a further Subsequent Term (as the case may be) following expiry of the Minimum Term or the then current Subsequent Term (as the case may be); and/or 2.2.2 Equipment and/or Leased Equipment and/or Installation Services, (without limitation) is subject to the condition in condition 5.1.1 being met; and/or 2.2.3 Network Services, (without limitation) is subject to the conditions in condition 6.2.1 being met; and/or 2.2.4 Managed Services Support Services, (without limitation) is subject to the condition in condition 7.1.1 being met. 2.3 All quotations, estimates and tenders are given and contracts are made by Digital Origin Ezee Business Solutions subject to and only upon these Conditions which cannot be varied unless agreed in writing by Digital Origin Ezee Business Solutions and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Client referred to on any website or which the Client may purport to apply under any purchase order or acknowledgement of delivery or similar document; and/or established between Digital Origin Ezee Business Solutions and the Client by course of dealing. 2.4 Any quotations, estimates or tenders are given by Digital Origin Ezee Business Solutions on the basis that no Contract shall come into existence except in accordance with condition 2.1. Any quotation is valid for a period of 30 days from its date, provided that Digital Origin Ezee Business Solutions has not previously withdrawn it and provided that the Carrier does not change its terms and conditions or any other offer available to Digital OriginEzee Business Solutions. 2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 Any illustrations, samples or descriptive material provided by Digital Origin Ezee Business Solutions shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of Digital Origin Ezee Business Solutions and must not be copied or loaned or transferred. The Client acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material. 2.7 No variation of the terms of the Contract however notified will be accepted by Digital Origin Ezee Business Solutions unless authorised by notice in writing by a director of Digital OriginEzee Business Solutions. 2.8 Each order for Equipment and/or Leased Equipment and/or Services (except in the case of Installation Services which will form part of the contract for the supply of Equipment and/or Leased Equipment) shall (for the purposes of this condition 2.8) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same Order Form) to the effect that any delay or failure to supply Equipment and/or Leased Equipment and/or Services shall not entitle the Client (to the extent that any such entitlement exists) to terminate the Contract for other Equipment and/or Leased Equipment and/or Services or any other contract entered into under these Conditions. 2.9 Any undertaking by the Client not to do any act or thing shall be deemed to include an undertaking that the Client shall procure that any User to include (without limitation) any employee, agent or contractor, shall not do such act or thing. 2.10 The Client warrants and undertakes to Digital Origin Ezee Business Solutions that it is entering into the Contract for the purposes of its trade, business and/or profession.

Appears in 1 contract

Samples: Master Services Agreement

Contract Formation. 2.1 The Client shall submit a request to Digital Origin Pericom for each Service required by the Client via the Order Form. The Order Form constitutes the Client's offer to Digital Origin Pericom to purchase the relevant Equipment, Leased Equipment and/or Services (as the case may be) on and subject to the terms of the Order Form, these Conditions, and any other Service Specific Conditions referred to as being applicable. 2.2 If Digital Origin Pericom is prepared to provide those Services to the Client under this Agreement and such offer is accepted by an authorised representative of Digital Origin Pericom signing the Order FormForm (or should Pericom commence supply to the Client after having made an offer to do so to the Client which the Client has accepted without objection expressly or by conduct), a Contract shall come into effect and the Client shall not be permitted to cancel the Order Form (the Order Form, in the case of Pericom commencing supply to the Client after having made an offer to do so to the Client which the Client has accepted without objection expressly or by conduct, being the terms of Pericom’s offer and it being open to Pericom to not rely on the terms of conditions 2.1 to 2.4 or otherwise in such circumstances in respect of the formation of a contract between the parties). In such circumstances, Digital Origin Pericom shall become the exclusive provider of those Services to the Client for the Minimum Term and any Subsequent Term and the Client shall purchase those Services only from Digital OriginPericom. The details recorded on the Order Form, together with these Conditions and any other Service Specific Conditions referred to as being applicable to the relevant Contract, shall be the exclusive terms and conditions of the Contract between the parties (to the fullest extent permitted by law) and any such Contract shall be conditional upon the credit status of the Client being to the satisfaction of Digital Origin Pericom (in its sole and absolute discretion) and, in respect of a Contract which provides for the supply of: 2.2.1 each individual Service is subject to its own Minimum Term and notice period but, in the absence of a specified notice period for a Service, the default notice period shall be twelve (12) months, such notice not to expire until the end of the Minimum Term or the relevent Subsequent Term. Failure to provide such notice before the end of the Minimum Term or any Subsquent Term shall result in the individual Service automatically renewing for a Subsequent Term or a further Subsequent Term (as the case may be) following expiry of the Minimum Term or the then current Subsequent Term (as the case may be); and/or 2.2.2 Equipment and/or Leased Equipment and/or Installation Services, (without limitation) is subject to the condition in condition 5.1.1 being met; and/or 2.2.3 Network Services, (without limitation) is subject to the conditions in condition 6.2.1 being met; and/or 2.2.4 Managed Services Support Services, (without limitation) is subject to the condition in condition 7.1.1 being met. 2.3 All quotations, estimates and tenders are given and contracts are made by Digital Origin Pericom subject to and only upon these Conditions which cannot be varied unless agreed in writing by Digital Origin Pericom and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Client referred to on any website or which the Client may purport to apply under any purchase order or acknowledgement of delivery or similar document; and/or established between Digital Origin Pericom and the Client by course of dealing. 2.4 Any quotations, estimates or tenders are given by Digital Origin Pericom on the basis that no Contract shall come into existence except in accordance with condition 2.1. Any quotation is valid for a period of 30 days from its date, provided that Digital Origin Pericom has not previously withdrawn it and provided that the Carrier does not change its terms and conditions or any other offer available to Digital OriginPericom. 2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 Any illustrations, samples or descriptive material provided by Digital Origin Pericom shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of Digital Origin Pericom and must not be copied or loaned or transferred. The Client acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material. 2.7 No variation of the terms of the Contract however notified will be accepted by Digital Origin Pericom unless authorised by notice in writing by a director of Digital OriginPericom. 2.8 Each order for Equipment and/or Leased Equipment and/or Services (except in the case of Installation Services which will form part of the contract for the supply of Equipment and/or Leased Equipment) shall (for the purposes of this condition 2.8) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same Order Form) to the effect that any delay or failure to supply Equipment and/or Leased Equipment and/or Services shall not entitle the Client (to the extent that any such entitlement exists) to terminate the Contract for other Equipment and/or Leased Equipment and/or Services or any other contract entered into under these Conditions. 2.9 Any undertaking by the Client not to do any act or thing shall be deemed to include an undertaking that the Client shall procure that any User to include (without limitation) any employee, agent or contractor, shall not do such act or thing. 2.10 The Client warrants and undertakes to Digital Origin Pericom that it is entering into the Contract for the purposes of its trade, business and/or profession.

Appears in 1 contract

Samples: Master Services Agreement

Contract Formation. 2.1 The Client shall submit a request to Digital Origin Pericom for each Service required by the Client via the Order Form. The Order Form constitutes the Client's offer to Digital Origin Pericom to purchase the relevant Equipment, Leased Equipment and/or Services (as the case may be) on and subject to the terms of the Order Form, these Conditions, and any other Service Specific Conditions referred to as being applicable. 2.2 If Digital Origin Pericom is prepared to provide those Services to the Client under this Agreement and such offer is accepted by an authorised representative of Digital Origin Pericom signing the Order FormForm (or should Pericom commence supply to the Client after having made an offer to do so to the Client which the Client has accepted without objection expressly or by conduct), a Contract shall come into effect and the Client shall not be permitted to cancel the Order Form (the Order Form, in the case of Pericom commencing supply to the Client after having made an offer to do so to the Client which the Client has accepted without objection expressly or by conduct, being the terms of Pericom’s offer and it being open to Pericom to not rely on the terms of conditions 2.1 to 2.4 or otherwise in such circumstances in respect of the formation of a contract between the parties). In such circumstances, Digital Origin Pericom shall become the exclusive provider of those Services to the Client for the Minimum Term and the Client shall purchase those Services only from Digital OriginPericom. The details recorded on the Order Form, together with these Conditions and any other Service Specific Conditions referred to as being applicable to the relevant Contract, shall be the exclusive terms and conditions of the Contract between the parties (to the fullest extent permitted by law) and any such Contract shall be conditional upon the credit status of the Client being to the satisfaction of Digital Origin Pericom (in its sole and absolute discretion) and, in respect of a Contract which provides for the supply of: 2.2.1 each individual Service is subject to its own Minimum Term and notice period but, in the absence of a specified notice period for a Service, the default notice period shall be twelve (12) months, such notice not to expire until the end of the Minimum Term or the relevent Subsequent Term. Failure to provide such notice before the end of the Minimum Term or any Subsquent Term shall result in the individual Service automatically renewing for a Subsequent Term or a further Subsequent Term (as the case may be) following expiry of the Minimum Term or the then current Subsequent Term (as the case may be); and/or 2.2.2 Equipment and/or Leased Equipment and/or Installation Services, (without limitation) is subject to the condition in condition 5.1.1 being met; and/or 2.2.3 Network Services, (without limitation) is subject to the conditions in condition 6.2.1 being met; and/or 2.2.4 Managed Services Support Services, (without limitation) is subject to the condition in condition 7.1.1 being met. 2.3 All quotations, estimates and tenders are given and contracts are made by Digital Origin Pericom subject to and only upon these Conditions which cannot be varied unless agreed in writing by Digital Origin Pericom and these Conditions supersede and override all other terms and conditions appearing elsewhere including (without limitation) any terms and conditions of the Client referred to on any website or which the Client may purport to apply under any purchase order or acknowledgement of delivery or similar document; and/or established between Digital Origin Pericom and the Client by course of dealing. 2.4 Any quotations, estimates or tenders are given by Digital Origin Pericom on the basis that no Contract shall come into existence except in accordance with condition 2.1. Any quotation is valid for a period of 30 days from its date, provided that Digital Origin Pericom has not previously withdrawn it and provided that the Carrier does not change its terms and conditions or any other offer available to Digital OriginPericom. 2.5 These Conditions apply to the Contract to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing. 2.6 Any illustrations, samples or descriptive material provided by Digital Origin Pericom shall not form part of the Contract but shall be treated as approximate only unless specifically stated otherwise. Any savings quoted are estimates and illustrative only. All documents containing such illustrative or descriptive material (as well as the copyright therein) shall remain the exclusive property of Digital Origin Pericom and must not be copied or loaned or transferred. The Client acknowledges and agrees that in entering into the Contract, it has not relied on any such illustrations, samples or descriptive material. 2.7 No variation of the terms of the Contract however notified will be accepted by Digital Origin Pericom unless authorised by notice in writing by a director of Digital OriginPericom. 2.8 Each order for Equipment and/or Leased Equipment and/or Services (except in the case of Installation Services which will form part of the contract for the supply of Equipment and/or Leased Equipment) shall (for the purposes of this condition 2.8) be deemed (subject to condition 2.1) a separate Contract (whether or not included on the same Order Form) to the effect that any delay or failure to supply Equipment and/or Leased Equipment and/or Services shall not entitle the Client (to the extent that any such entitlement exists) to terminate the Contract for other Equipment and/or Leased Equipment and/or Services or any other contract entered into under these Conditions. 2.9 Any undertaking by the Client not to do any act or thing shall be deemed to include an undertaking that the Client shall procure that any User to include (without limitation) any employee, agent or contractor, shall not do such act or thing. 2.10 The Client warrants and undertakes to Digital Origin Pericom that it is entering into the Contract for the purposes of its trade, business and/or profession.

Appears in 1 contract

Samples: Master Services Agreement

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!